Flexible Working April 2024

17. Declined Applications

Most applications will conclude with a satisfactory outcome but there may be occasions when the employee feels their application has not been dealt with to their satisfaction and the request is declined. The employee may want to involve a third party or be thinking about making a complaint to an employment tribunal. However, the following are options to deal with unresolved and declined applications:

  • Through an informal discussion with their line manager.
  • Through the Authority’s Grievance Procedure.
  • Using third party involvement e.g. an ACAS official

However, an employee can make a complaint to an Employment Tribunal or ACAS early conciliation where:

  • The employer has failed to follow the procedure properly; or
  • The decision by the employer to reject an application was based on incorrect facts.

An employee has no right to make a complaint where they simply disagree with the business grounds provided. Please note that the early conciliation scheme is voluntary, and both the employee and employer must agree to the process.