Compensation may be awarded for breaches of the right to request flexible working. The amounts payable and any limits that apply are set out below.
| RIGHT TO REQUEST FLEXIBLE WORKING |
| Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 and Flexible Working (Procedural Requirements) Regulations 2002 |
| Complaint |
Compensation payable under |
Amount payable |
Limits |
| Failure to follow statutory procedure, or basing rejection on incorrect facts |
Regulation 7 of the Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 |
Up to eight “weeks’ pay”1 |
£3,600 maximum |
| Failure to allow right to be accompanied |
Regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002 |
Up to two “weeks’ pay”1 |
£900 maximum |
| Detriment or dismissal for exercising right to be accompanied |
Regulation 16 of the Flexible Working (Procedural Requirements) Regulations 2002 |
“Just and equitable” criterion, or see Unfair dismissal |
No limits, or see Unfair dismissal |
1 The rules for calculating a “week’s pay” are contained in ss.220–229 of the Employment Rights Act 1996. Maximum (unless “actual”): £450 (from 1 February 2013 - prior limit £430).
Related quick reference items
Compensation - collective rights
Compensation - detrimental treatment
Compensation - discipline and grievance hearings
Compensation - discrimination and equal pay
Compensation - dismissal
Compensation - fixed-term employees
Compensation - injury to feelings
Compensation - part-time workers
Compensation - pay and statutory payments
Compensation - suspension from work
Compensation - time off work |
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