Appealing a Flexible Working Decision

There is no general statutory right to appeal a flexible working refusal, but Civil Service departments may provide an appeal route and Acas recommends allowing one. A good appeal identifies a specific error, missing evidence or process problem rather than simply repeating the original request.

Check the departmental policy and deadline

The outcome letter should explain whether an appeal is available, who will hear it and the deadline. If the letter is silent, check the current flexible working policy and ask HR promptly. The final decision, including an appeal offered by the employer, should normally still be completed within two months of the original request unless an extension is agreed.

Possible appeal grounds

  • The decision relied on incorrect facts.
  • Relevant evidence or a proposed safeguard was not considered.
  • The department did not consult before refusing.
  • The stated business reason does not match the actual concern.
  • The process was affected by bias or inconsistent treatment.
  • A disability-related reasonable adjustment was not considered separately.
  • A workable alternative or trial was dismissed without explanation.

What an appeal should ask for

Ask for a specific correction: reconsideration using accurate facts, a fresh consultation, consideration by an uninvolved manager, a trial, acceptance of a revised pattern or a separate adjustment decision. Avoid demanding a vague declaration that the decision was unfair.

Do not miss the deadline while gathering everything

Submit a focused appeal on time and state that further supporting documents will follow if necessary. Ask for confirmation that supplementary evidence will be accepted before the meeting.

Unlock the full appeal builder below, including the grounds test, evidence schedule, appeal structure, meeting plan, model wording and options where no internal appeal is offered.

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