Unfairly Dismissed Over Flexible Working? Understanding Your Rights in 2025

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Unfairly Dismissed Over Flexible Working? Understanding Your Rights in 2025 

Flexible working is no longer a perk—it’s a right. By 2025, millions of UK employees rely on it to balance life and work. But what happens if your employer dismisses you for seeking flexibility? Here’s what the law says and how you can fight back. 


Your Legal Rights in 2025 

Since 6 April 2024, the Flexible Working Regulations grant every UK employee the right to request flexible working—remote, hybrid, or adjusted hours—from day one. Employers can refuse only for specific business reasons (e.g., cost or operational impact) and must follow a fair process. Dismissing you for requesting flexibility can lead to an unfair dismissal claim. 


Rising Flexible Working Disputes 

Flexible working is mainstream, with a 2025 CIPD survey showing 65% of UK organisations offering it. However, disputes are increasing due to: 


  • Pushback on hybrid work: Some employers demand full office returns, clashing with staff expectations. 
  • Unequal access: Flexible arrangements aren’t always offered fairly, causing tensions. 
  • Post-pandemic shifts: Workers accustomed to remote setups resist rigid changes. 


These disputes are increasingly being resolved in employment tribunals. 


What Constitutes Unfair Dismissal Over Flexible Working? 

The Employment Rights Act 1996 defines unfair dismissal as termination without a fair reason or process. In 2025, flexible working disputes often qualify: 


  • Standard Unfair Dismissal (Two Years’ Service): If you’ve worked for two years, dismissal for requesting flexible working—or refusing an inflexible mandate—can be unfair. Employers must have a fair reason to dismissal and follow a fair process and follow the Acas Code. 
  • Automatically Unfair Dismissal (No Service Needed): Some flexible working dismissals are “automatically unfair” from day one, such as: 
  • Dismissing you for making a statutory flexible working request. 
  • Discrimination including related to disability (including asking for reasonable adjustments), gender, or caregiving. 
  • Health and safety concerns. 


Constructive Dismissal 

If your employer breaches agreed flexible terms, you might resign and claim constructive dismissal. This is becoming more common as employers tighten policies. 


Time Limits Are Strict 

You have three months less one day from your dismissal (or resignation) to file a claim with a tribunal. Acas early conciliation can extend this slightly, but don’t delay in getting legal advice at an early stage. 


What’s New in 2025? 

The law is evolving. The 2025 Employment Rights Bill, set for Autumn 2026, proposes unfair dismissal as a day-one right. Until then: 

  • Tribunal focus: Courts are scrutinising flexible working refusals more closely. 
  • Hybrid battles: Disputes over remote work rights are common. 
  • Mental health link: Employees tie forced returns to wellbeing issues, bolstering claims. 


How to Challenge a Dismissal 

If flexible working leads to your dismissal: 

  1. Check your rights: Was your request statutory? Is discrimination a factor? 
  2. Gather proof: Save emails, flexible working requests, or refusal notes. 
  3. Act quickly: Start with Acas and consider tribunal options. 
  4. Get advice: Solicitors can identify if your dismissal breaks the law. 


If your employer treats you unfairly because you made a statutory request for flexible working, this is called “subjecting you to a detriment” and might amount to a claim. Detriment is treatment by your employer that is demeaning or detrimental. It can include examples such as making demeaning comments, highlighting insufficient issues about conduct or performance, denying you promotion or training opportunities, or giving you harder or more mundane work. 


Springhouse Solicitors: Your Tribunal Experts 

Dismissed or treated unfairly over flexible working? Springhouse Solicitors specialises in employment tribunal claims. Whether it’s an unfair dismissal for requesting hybrid work or a constructive claim over broken promises, our nationwide team offers fast, expert help. Voted 5 stars on ReviewSolicitors, we’re here to defend your rights. 

Listen to the audio version of this article below

Article by

Sally Eastwood

Senior Associate

0800 915 7777

At Springhouse Solicitors we offer a range of services, so please contact our friendly customer services team to discuss further via  hello@kilgannonlaw.co.uk or  0800 915 7777.



Disclaimer 

The above provides a general overview of areas in employment law and is not intended nor construed as providing specific legal advice.  This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

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