What happens if my employer starts treating me badly or sacks me for asking for flexible working?

You cannot be sacked or treated less fairly by your employer because you have:

  • made, or proposed to make, an application to work flexibly under the statutory scheme; or
  • made, or have said you intend to make, a complaint to an employment tribunal about your application to work flexibly; or
  • referred to circumstances which could be sufficient to found a tribunal claim.

Unfair treatment can include harassment or denial of training or promotion opportunities. Sacking can include 'constructive dismissal', which means circumstances where you are entitled to resign as a result of the treatment you have suffered by your employer, and being unfairly selected for redundancy.

If a tribunal finds that an employee was sacked for requesting flexible working, it will rule that the dismissal was automatically unfair.

You do not need any service in order to bring a claim for unfair dismissal if you are dismissed for exercising your statutory right to ask to work flexibly. A dismissal for this reason would also be automatically unfair.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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