Refusal to consider flexible working request

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My husband has submitted a flexible working request and his employer is refusing to consider it because the company has a "failure to agree" with the Union (re company wanting to change shift patterns). I thought employers had to consider flexible working requests. Is what they're stating a valid get out clause?

The 'failure to agree' is a red herring and does not affect the employee's right to request flexible working. There is no right to flexible working, just to make the request. The employer is obliged to provide a reason why the request cannot be met but must make a consideration. Hope this helps.

No, not valid. Assuming your husband meets the criteria to be eligible for requesting flexible working, his employer must follow an appropriate procedure and consider it properly. Ins and outs they may be having with the union are separate.

Of course, it doesn't sound likely they'd be inclined to agree to the request anyway, but they do have to at least go through a procedure before refusing it.

Thanks everyone. After contecting his HR department and pointing out he could take them straight to a tribunal for refusing to process his application, his line manager agreed to a meeting and amazingly granted his request!