Can I take my employer to a tribunal if they rejected my request based on wrong information?

The situation

I am currently working at a medium-sized retail firm in Manchester, England. Back on 12th January 2024, I submitted a formal application regarding my rights to flexible working arrangements to my manager, hoping to change my shift pattern to accommodate childcare. My employer took several weeks to respond, and on 15th February 2024, they finally sent me a formal letter rejecting my application entirely. After looking closely at their reasoning, I realised they based their entire decision on incorrect facts; specifically, they claimed I had already requested this type of change three times last year, which is absolutely untrue as I have never made such a request before. I have already tried to resolve this by sending a polite email to the HR department on 20th February 2024 to point out the error in their records, but they have ignored my message and refused to reconsider. Since they are sticking to their original decision which is based on a mistake, I want to know if I can actually bring a formal complaint about this incorrect decision to an employment tribunal. I am worried about missing any deadlines for making a claim, so I need to know what my options are and how quickly I must act.

Detailed Analysis

Under the Employment Rights Act 1996, you have a specific right to challenge a flexible working decision if the reasoning used was flawed. Because your employer claimed you had made three previous requests when you had actually made none, your situation falls directly under the protections for employees facing incorrect factual decisions.

Specifically, the law allows an employee to present a complaint to an employment tribunal "that a decision by his employer to reject the application was based on incorrect facts"^[1]. This means that if the foundation of their refusal is a mistake—such as their incorrect claim about your previous request history—the tribunal can review the matter.

However, you must be aware of the strict time limits for bringing this complaint. An employment tribunal will not consider your complaint unless it is presented "before the end of the period of six months beginning with the relevant date"^[1]. In your case, the 'relevant date' is the date you were notified of the decision, which was 15th February 2024^[1]. This means you have a six-month window from that notification date to submit your claim to the tribunal.

While the law provides a path for your complaint, the outcome depends on whether the tribunal finds the error was significant enough to invalidate the decision. The law does not explicitly state what level of 'incorrect fact' is required to win, only that the decision was based on them. Additionally, if your employer has an internal appeal process, the law suggests that the decision on the appeal may be the relevant point for certain types of complaints^[1].

Statutory Citations

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