HR Guide - Flexible Working - Decision Making at Appeal Stage

This document does not constitute a legal opinion or legal advice and is intended to be a guide only. To ensure you follow best practice (and, if applicable, do not compromise your insurance), you should contact the Alcumus HR Consultancy team before embarking on the process and then at each subsequent stage.

Decision making at appeal stage

You have rejected your employee’s application to work flexibly and your employee has appealed against this. You have met with your employee to discuss their appeal.

The next step is for you, the employer, to consider the employee’s appeal and make your decision. Your decision must be confirmed in writing to the employee within 14 days of the date of the appeal meeting.

Usually, an employee will appeal when their application to work flexibly has been rejected by their employer and this note is based upon this scenario.


Summary of your options

Upholding the employee’s appeal

If you consider that the business is reasonably able to accommodate the working pattern requested, you can uphold the employee’s appeal and agree to the employee’s original application.

Before making this decision, you ought to consider carefully why the employee’s original application was rejected:

• Has something changed since then?

• Have the demands of your customers changed?

• Does the business reason given for rejecting the employee’s application no longer apply?

• Can we be more creative?

• Was there a procedural flaw earlier in the procedure and does this affect the decision at appeal?

Your decision should be confirmed in writing.
 

Rejecting the employee’s appeal

If you consider that the original decision of the business to reject the employee’s application was correct and based on sound business reasons, you can reject the employee’s appeal (upholding the original decision).

Your decision, with your reasons, should be confirmed in writing.