If an employer treats a formal grievance as an informal conversation while an employee on maternity leave is trying to agree a return-to-work pattern, it can be difficult to tell which process is moving and which is not. Start by separating the issues. A workplace grievance is a complaint raised under the employer's process. A statutory flexible-working request is a request for a defined change to working arrangements, with its own information and decision rules.
This guide is about England. It does not decide whether an employer acted unlawfully or whether a particular request should have been accepted. A delayed grievance, a refused request and a complaint about maternity treatment are not interchangeable claims. If the situation may involve discrimination, detriment or a tribunal deadline, contact Acas, a union or a qualified adviser promptly. The timeline in a real case matters.
For a wider approach to organizing employment documents, see the legal case-intake workflow. A workplace move may involve a different legal framework; our England TUPE relocation guide covers that separate issue.
Separate the grievance from the statutory request
Make two short lists. The first should describe the workplace concern: what decision or conduct is being challenged, when it happened, who was involved, and what outcome the employee asked the employer to consider. The second should describe the flexible-working request: the proposed pattern, when it should begin, the date of the written request, and any employer decision or proposed meeting.
The distinction matters because the processes answer different questions. A grievance asks the employer to address a complaint under its procedure and the Acas Code. A flexible-working request asks the employer to consider a work-pattern change under the statutory framework. An employee may have both issues, but an email labelled “grievance” does not automatically become a complete statutory request. Similarly, a meeting about a request does not necessarily resolve the complaint about how it was handled.
If a message could be read either way, avoid arguing over its label first. Ask the employer to confirm in writing which process it has recorded, the date it treats as the request date, the current stage of the grievance, and the person responsible for each response. If the employee intended to make a statutory request but the original message may not have contained the required information, they can ask an adviser whether a clear written request should be sent now. Do not assume a new message changes an earlier deadline or cures a past procedural issue.
Check the request and decision timeline
GOV.UK's flexible-working guidance says employees can make a statutory flexible-working request from the first day of employment. The written request should state that it is a statutory request, describe the proposed change and start date, and identify any earlier statutory request in the relevant period. The employer should discuss the request with the employee before refusing it and normally decide within two months, including an appeal, unless a longer period is agreed. The guidance after an application explains the decision process and permitted business reasons.
Build a date table from original documents, not recollection alone:
| Event | What to record | Why it helps |
|---|---|---|
| Request sent | Date, delivery method, requested pattern and start date | Establishes what the employer received and when |
| Acknowledgement or meeting | Date, attendees, stated purpose and questions raised | Separates discussion from a final decision |
| New information or trial proposal | What was requested or offered and by whom | Shows whether the process continued or changed |
| Decision or appeal | Decision date, stated business reason and any policy route | Helps identify the current stage and next response |
| Extension | Exact period and evidence that it was agreed | Avoids assuming that silence extended the decision period |
The statutory process permits refusal only for specified business reasons. An employer should discuss the request before refusal, and a decision should explain the reason. A request may be accepted, accepted with changes, or refused. A discussion is not necessarily a final outcome, and a proposed trial arrangement is not necessarily a permanent agreement. Keep the written decision and ask what it means for the contract, working pattern, pay, location and start date. If refused, GOV.UK's appeal guidance explains that there is no statutory appeal right, although an employer may provide one.
The two-month period is not a universal answer to every workplace complaint. It applies to the flexible-working request process, not automatically to a grievance, discrimination concern or tribunal claim. The employee should check the request date and any agreed extension, while getting separate advice about any other route.
Keep the grievance process visible
The Acas Code and grievance response guidance say an employer should deal with a formal grievance fairly and without unreasonable delay. The employee should raise the concern in writing, explain what it is about, and say what resolution is sought. The employer should arrange a meeting where appropriate, investigate the relevant facts, give a written outcome and allow an appeal. The Code is a guide to fair process; it does not create a fixed five-day deadline for every employer or make every procedural defect a standalone claim.
If the employer says that a formal complaint is being handled informally, a calm clarification can avoid confusion. The employee can ask whether the employer has recorded a formal grievance, which policy applies, who will respond, and whether a meeting or written outcome is planned. If the employee prefers an informal discussion, that can be stated. If they intended a formal process, they can say that clearly and keep a copy. Use factual language and avoid treating an unanswered email as proof of a legal conclusion.
Check the employer's grievance policy for internal time targets, who handles a grievance against a line manager, meeting arrangements, accompaniment and appeal steps. The employer's policy can provide useful process details, but an internal time target should not be mistaken for a statutory tribunal limit. For help reviewing several related policies and records, the contract review checklist can help structure a document set, while the employment case timeline workflow is useful for tracking dated communications.
Treat maternity return and discrimination as separate questions
An employee generally has a right to return after maternity leave, but the precise job-return rule depends on the kind and sequence of statutory leave. Regulation 18 of the Maternity and Parental Leave etc. Regulations 1999 sets out the same-job rule and, in specified circumstances, a suitable and appropriate alternative job where return to the original job is not reasonably practicable. Acas summarizes these distinctions. Do not reduce this to a promise that every role or proposed working pattern must remain unchanged.
A request for flexible hours does not itself establish that the request must be granted. The employer must consider it under the statutory process and may refuse for a permitted business reason after the required handling. A concern that the employee was treated unfavourably because of pregnancy, maternity leave or exercising maternity rights raises a different issue. Equality Act 2010 section 18 addresses pregnancy and maternity discrimination in work cases. Whether that test is engaged depends on the facts, treatment, reason and relevant protected period.
Keep the return-to-work plan, original role description, any proposed changes, meeting notes, and the flexible-working request in separate but related folders. If there is a complaint about maternity treatment, write down the specific act, decision-maker, date and explanation given. Avoid adding assumptions about motive. A clear timeline can help an adviser decide whether the facts concern a flexible-working process, a return-to-work right, discrimination, a grievance, or more than one of these.
What to preserve before responding
Save the exact request, employer acknowledgements, meeting invitations, notes, decision letter, grievance submission, policy versions and any agreed extension. Keep original messages with timestamps and attachments. If a meeting took place, make a dated note identifying who attended and distinguishing direct quotes from recollection. Do not edit a document in a way that removes the original date or wording.
Use a simple event table and label each item by route. For example, one row may record “flexible-working request submitted”; another may record “grievance submitted about handling”; a third may record “maternity-return meeting.” Add the action the employee asked for and the response received. This helps prevent an internal discussion from being mistaken for a decision, or a grievance outcome from being treated as a decision on the statutory request.
If the employer has offered a meeting, ask for its purpose and attendees in advance. The employee can bring a concise list of points: the request wording, the unresolved grievance issue, the decision date being tracked, and any question about return arrangements. If a representative or companion is relevant under the employer policy or applicable process, check the specific rule before relying on it. Keep the discussion focused on what the employer needs to decide and what record will follow.
Check advice and time limits promptly
Employment tribunal limits changed on 1 October 2026. GOV.UK's current tribunal guidance describes a six-month limit for problems happening on or after that date and a three-month period for earlier problems, but the correct start date and rule depend on the type of claim. Some claims use the date of a decision, a failure to act or the end of employment; early conciliation can also affect timing. Do not calculate a personal deadline from a summary paragraph or wait for a grievance appeal to finish before checking it.
The employee should contact Acas promptly if there may be a tribunal claim. Acas can explain the conciliation process and the relevant time-limit guidance; an employment adviser can assess which claim, if any, fits the facts. An internal grievance or flexible-working appeal does not automatically stop a tribunal clock. The employee should ask specifically how each internal step interacts with any external deadline.
For document-heavy workplace questions, a structured document review workflow can help assemble the request, policy and response before seeking advice. Gotham provides legal-information and document workflows; it does not decide whether an employer breached a duty or replace advice from Acas or a qualified representative.
The practical goal is to make the record readable: two routes, dated events, the exact request, the employer's stated reason, and the next action. That does not guarantee an outcome, but it gives an adviser enough information to identify whether the issue is about grievance handling, a statutory flexible-working request, maternity return rights, possible discrimination, or several related questions.
Questions about a flexible-working request and grievance after maternity leave
Is a formal grievance the same as a statutory flexible-working request?
No. A grievance raises a workplace concern through the employer's grievance process. A statutory flexible-working request asks for a change to how, when or where an employee works and has its own statutory handling rules. The same events can raise both issues, but one communication does not necessarily do both jobs.
Does an employee have to wait until returning from maternity leave to request flexible working?
No. Employees can make a statutory flexible-working request from their first day of employment. A request can be made while someone is on maternity leave, but the request should be clearly identified and contain the required information.
Must an employer decide a flexible-working request within two months?
The usual decision period is two months from the request, including any appeal, unless the employee agrees to an extension. Check the request date, any agreed extension and the current official guidance before treating a delay as a breach.
Is there a statutory right to appeal a refused flexible-working request?
There is no statutory right to appeal, though an employer may offer an appeal process and Acas recommends a fair process. The right to appeal under a workplace policy or the Acas Code for a grievance is a separate question.
What if the grievance concerns maternity treatment or a return-to-work arrangement?
Keep the facts and route clear. A grievance may raise concerns about treatment, while a flexible-working request asks for a particular working arrangement. Pregnancy or maternity discrimination and return-to-work rights involve separate legal tests. Get prompt advice if the concern may involve protected treatment or a tribunal deadline.
General information about workplace grievances, flexible-working requests and maternity return in England, not legal advice. The correct route, legal status, protection and any deadline depend on the facts and dates. Seek prompt advice from Acas, a union or a qualified employment adviser before relying on a deadline or deciding how to respond.
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