Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Employment lawLatest NewsEmployment tribunalsFlexible workingRecruitment & retention

Turning down applications for flexible working can automatically constitute a grievance

by dan thomas 27 Apr 2006
by dan thomas 27 Apr 2006

Employers should treat any staff requests for flexible working as potential grievance letters that may trigger employment tribunal claims, lawyers have warned.

A recent series of tribunal rulings has established that employees do not have to explicitly notify their manager of a grievance before taking the employer to court if a request for flexible working is turned down.

This runs contrary to disciplinary procedure guidelines issued  the government, which had indicated that a formal grievance letter would be needed before proceeding.

Law firm Trowers & Hamlin said that employers should now look at most formal staff requests as potentially triggering the claims procedures, because failure to do so could lead to a compensation award being increased by 50% in a successful tribunal claim.

Richie Alder, partner at Trowers & Hamlin, said: “Employees can only pursue claims if they have raised grievances in writing first, so if the definition of what constitutes a formal grievance letter is relaxed, the potential for claims is increased.

“It is important for employers to know what now constitutes a grievance so that they know when to initiate the correct grievance procedure. Recent rulings have really muddied the waters, which puts employers at greater risk of being penalised by tribunals for not instigating the grievance procedure when they should.”

Employers should probably now treat any written request for something which they have a legal obligation to consider but which they have previously rejected, as a grievance, Alder said.

Trowers advises that if an employee raises a matter in writing, the employer should clarify whether it is a grievance or not and begin the statutory grievance procedure.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Trowers & Hamlins: flexible working requests


 

dan thomas

previous post
Staff buy-in vital to coaching success, says West Bromwich HR chief
next post
Teacher wins constructive dismissal tribunal claim

You may also like

Decision to sack man for Michael Jackson noises...

29 Aug 2025

P&O Ferries boss who steered 800 sackings steps...

29 Aug 2025

UK large companies’ succession planning is weak –...

29 Aug 2025

Gender bonus bias widens pay gap, says Brightmine

29 Aug 2025

Bankers learn of redundancy in email gaffe asking...

29 Aug 2025

Cabin crew manager with ‘flirty banter’ loses discrimination...

29 Aug 2025

Council clerk sacked after trying to ensure his...

29 Aug 2025

Four-day working week trial in Scotland’s public sector...

29 Aug 2025

How to employ a global workforce from the...

28 Aug 2025

Day one rights in the Employment Rights Bill...

28 Aug 2025

  • Work smart – stay well: Avoid unnecessary pain with centred ergonomics SPONSORED | If you often notice...Read more
  • Elevate your L&D strategy at the World of Learning 2025 SPONSORED | This October...Read more
  • How to employ a global workforce from the UK (webinar) WEBINAR | With an unpredictable...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise