If an employer does not consider an employee's flexible working application under the statutory procedure because it is incomplete, is the employee barred from submitting another request for 12 months?

No, if an application for flexible working is incomplete and does not contain the necessary information, for example it does not state the date on which the change to working arrangements should take effect, the statutory procedure is not triggered. Therefore, the rule that the employee cannot submit a further request for 12 months does not apply.

While there is no statutory obligation on an employer to take any action relating to an incomplete request, it is good practice for the employer to explain to the employee what further information is required and ask him or her to resubmit an amended application.