Polish translation. This page is translated from the canonical English version for general information. UK legal terms do not always translate exactly — check the English source for legal decisions and seek professional advice for important matters. The English page is authoritative.

Employment

Employment Law

Updated 2026-05-16

Appeal Against Refused Flexible Working Request

Formal appeal letter following an employer's refusal of a statutory flexible working request under section 80H of the Employment Rights Act 1996.

When to use this template

Use this letter to appeal against your employer's refusal of a flexible working request after exhausting the initial request stage. While there is no statutory right of appeal, the ACAS Code of Practice on Flexible Working (2024) strongly recommends that employers offer one, and the failure to do so may be relevant to any Employment Tribunal claim. The employer must have refused on one of the eight statutory grounds set out in section 80G ERA 1996.

When NOT to use this template

This appeal letter is relevant only after a refused statutory flexible working request. Do not use it where you have not yet made a formal request (use the flexible working request template first). If you have been dismissed for requesting flexible working, you may have claims for automatic unfair dismissal or discrimination — take specialist advice.

Legal Basis

Employment Rights Act 1996, ss.80F–80I (as amended by Employment Relations (Flexible Working) Act 2023); ACAS Code of Practice on Requests for Flexible Working (2024). The eight statutory refusal grounds are in s.80G(1)(b): burden of additional costs, detrimental effect on ability to meet customer demand, inability to reorganise work among existing staff, inability to recruit additional staff, detrimental impact on quality or performance, insufficiency of work during periods proposed, planned structural changes, and other grounds specified by the Secretary of State.

Common Mistakes to Avoid

✗Not identifying which of the eight statutory grounds the employer cited in their refusal — the appeal should directly challenge the reasoning
✗Appealing more than 14 days after the refusal decision without checking whether your employer's policy allows a longer period
✗Not proposing alternative arrangements in the appeal — flexibility in your own position strengthens your case
✗Not raising any Equality Act 2010 arguments where the refusal may indirectly disadvantage a protected characteristic group

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Your full name*

Your job title*

Date of letter*

Manager / HR recipient name*

Employer name*

Employer address*

Date original flexible working request was submitted*

Date of the refusal letter*

Description of your original request*

Statutory ground(s) cited in the refusal*

Your detailed grounds of appeal*

Optional fields

Alternative arrangements you would consider

Type of flexible working requested (for Equality Act section)

Protected characteristic (for Equality Act section)

Letter preview

[YOUR FULL NAME]
[YOUR JOB TITLE]

[DATE OF LETTER]

[MANAGER / HR RECIPIENT NAME]
[EMPLOYER NAME]
[EMPLOYER ADDRESS]

---

Dear [MANAGER / HR RECIPIENT NAME],

**APPEAL AGAINST REFUSAL OF FLEXIBLE WORKING REQUEST**
**Employment Rights Act 1996, s.80H**

I write to formally appeal against the decision to refuse my statutory flexible working request. The refusal letter was dated [DATE OF THE REFUSAL LETTER].

**My Original Request**

On [DATE ORIGINAL FLEXIBLE WORKING REQUEST WAS SUBMITTED] I submitted a statutory flexible working request seeking the following change to my working pattern:

[DESCRIPTION OF YOUR ORIGINAL REQUEST]

**The Refusal**

Your refusal letter cited the following statutory ground(s): [STATUTORY GROUND(S) CITED IN THE REFUSAL].

**Grounds of Appeal**

I appeal on the following grounds:

[YOUR DETAILED GROUNDS OF APPEAL]

**Alternative Arrangements**

If the specific arrangement I requested is not practicable, I would be willing to consider the following alternatives:

[ALTERNATIVE ARRANGEMENTS YOU WOULD CONSIDER]

**Equality Act Considerations**

[Delete if not applicable:] I note that a blanket refusal to accommodate [TYPE OF FLEXIBLE WORKING REQUESTED (FOR EQUALITY ACT SECTION)] may constitute indirect discrimination under section 19 of the Equality Act 2010 on the ground of [PROTECTED CHARACTERISTIC (FOR EQUALITY ACT SECTION)], as this working pattern disproportionately affects workers with [PROTECTED CHARACTERISTIC (FOR EQUALITY ACT SECTION)], and any justification must be objectively justified.

**Request**

I ask that the appeal be heard within 14 days by a manager who was not involved in the original decision, and that I be given the right to be accompanied by a trade union representative or workplace colleague (Employment Relations Act 1999, s.10).

Yours sincerely,

[YOUR FULL NAME]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.