Can I refuse a flexible working request? Flexible working requests are more common than ever but what happens when saying “yes” just doesn’t feel workable?

Let’s look at a scenario.

The Situation

An employee submits a request to reduce their working hours to three days a week.

On the surface, the request seems reasonable. However:

● The team is already stretched

● Redistributing the workload would place pressure on colleagues

● The department cannot realistically absorb a reduction in capacity

● There’s concern that approving the request could create tension or resentment within the team

So, can the employer refuse?

If a request creates a situation where the department cannot operate effectively, you can legally refuse it. The key is that any refusal must be based on legitimate business grounds.

Valid Grounds to Refuse in this Scenario

1. Inability to reorganise work among existing staff: If the request leaves a gap that others cannot cover without immense pressure.

2. Detrimental impact on performance or quality: If the team is "upset" to the point where morale drops, leading to errors, low productivity, or missed deadlines.

3. Detrimental effect on ability to meet customer demand: If the reduction in staff hours means you cannot meet client needs.

4. Burden of additional costs: If covering the work requires expensive overtime or hiring new staff.

These are commonly accepted reasons, provided they are genuine and can be evidenced.

What Employers Should Be Careful Of

Even when the business has valid concerns, how the decision is handled matters just as much as the outcome.

A refusal can become risky if:

● The request isn’t properly considered

● There’s no evidence behind the decision

● The employer doesn’t explore alternatives e.g. different hours, trial periods

● The reasoning is vague or inconsistent

Employers should approach the request with an open mind and not a pre-made decision.

It’s Not About the Team Being “Upset”

While team morale is a valid concern, it is not usually enough to justify refusal and might not be strong enough in an employment tribunal.

However, if that concern links to a real business impact like increased workload, burnout, or reduced performance, then it becomes a much stronger and more defensible reason.

Weak reason: "I'm refusing because other staff might be jealous."

VS

Strong, valid reason: "I'm refusing because allowing this request removes a key staff member on Fridays, which forces the remaining team to work overtime, leading to a 20% drop in quality and missing our weekly targets"

Steps to Take Before Refusing

Before issuing a refusal, you must follow a "reasonable" process:

● Consultation: Talk to the employee to see if a compromise can be found e.g., partial approval, or a different day.

● Trial Period: Consider a 3-month trial to see if the team can handle the change, rather than a permanent refusal.

● Written Reasons: If you do refuse, you must provide the formal, business-focused reasons in writing within two months of the request.

A Balanced Approach

In situations like this, the best approach is often to:

● Discuss the challenges openly with the employee

● Consider whether adjustments or compromises are possible

● Assess whether a temporary or trial arrangement could work

Even if the final answer is “no”, showing that the request was taken seriously can make all the difference.

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Flexible working refusals should never come out of the blue. If an employee receives a flat “no” without understanding the why, or without any prior discussion, something has likely gone wrong in the process. A well-handled request—whether approved or refused—should feel fair, transparent, and properly considered.

If you’re not sure, don’t wing it. Give us a shout! We’re here to help you handle the tricky conversations without the drama: https://www.lilachr.co.uk/contact