Thank you. Whilst the original informal agreement could have been changed, as you said, you do have the right to make a formal flexible working request to apply for these changes again.
Once an employer receives a formal request they must deal with it in a reasonable manner, ideally meeting with the employee to discuss it and, if rejected, communicate their decision within 3 months of the date the initial request was submitted. When rejecting the request, the employer is only able to do so by relying on any of the following grounds:
· Planned structural changes
· The burden of additional costs
· A detrimental impact on quality
· The inability to recruit additional staff
· A detrimental impact on performance
· The inability to reorganise work among existing staff
· A detrimental effect on ability to meet customer demand
· Lack of work during the periods the employee proposes to work
Ideally, the employer should also try and explain their decision in writing, such as providing information on why they believe the selected reason for rejection is relevant and they have relied on it.
An appeal can be submitted once the decision is communicate, however you no longer have the legal right to make an appeal and that will depend on the employer and their internal procedures. This means they can decide not to have the option to appeal. If the appeal is rejected, or no such right is given then the only option left is to make a claim in the employment tribunal. A claim can only be made on one or more of the following grounds:
· The employer failed to hold a meeting, notify their decision within 3 months or offer a right of appeal
· The reason for refusal was not for one of the allowed reasons
· The rejection was based on incorrect facts
The claim should be presented to the tribunal within 3 months of either the procedural breach or of the date on which the employee is notified of the appeal decision.
Does this answer your query?