UK · Working patterns

Flexible working requests

UK employees have a statutory day-one right to request flexible working since April 2024. Employees can make two requests per rolling 12 months. The employer must respond within 2 months, consult with the employee, and can only refuse on eight statutory grounds.

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What flexible working means

Any change to how, when or where you work: part-time, compressed hours, flexi-time, annualised hours, term-time only, job sharing, home working, hybrid, or fully remote.

The 2024 reforms

  • Day-one right (previously required 26 weeks service).
  • Two requests per 12 months (previously one).
  • Employer must respond within 2 months (previously 3).
  • Consultation duty before refusal.
  • No need to explain business impact in the request.

How to request

In writing, dated, stating it is a statutory request under section 80F ERA 1996, specifying the change (from when, and how), noting any previous request in the last 12 months.

Employer response process

  1. Acknowledge within 28 days.
  2. Arrange a meeting (companion right applies).
  3. Consider against the eight statutory refusal grounds.
  4. Consult with the employee - explore alternatives, trial periods.
  5. Reach a decision.
  6. Confirm in writing with reasons.
  7. Offer an appeal (best practice).

The eight refusal grounds

Section 80G ERA 1996. Only these grounds allow refusal:

  1. Additional costs.
  2. Detrimental effect on customer demand.
  3. Inability to reorganise work.
  4. Inability to recruit additional staff.
  5. Detrimental impact on quality.
  6. Detrimental impact on performance.
  7. Insufficient work in the proposed hours.
  8. Planned structural changes.

Trial periods

Employers can propose a 3-6 month trial period with written agreement, objective success criteria, regular reviews, and a clear default if the trial concludes without a decision (usually the flexible pattern becomes permanent).

Refusal remedies

  1. Appeal internally.
  2. Fresh request in the next 12-month period.
  3. Tribunal claim under section 80H if procedure was defective.
  4. Discrimination claim if refusal disadvantages a protected characteristic.

Tribunal compensation capped at 8 weeks pay; discrimination claims uncapped.

Interaction with reasonable adjustments

Where the employee is disabled under the Equality Act 2010, flexible working can be a reasonable adjustment. Reasonable adjustment claims are stronger than flexible working claims - uncapped compensation, no service qualifier, direct discrimination route.

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Frequently asked questions

Can any employee request flexible working?
Yes since April 2024. Day-one right for all employees regardless of service length. Workers and self-employed contractors do not have the statutory right.
How many requests can I make?
Two per rolling 12-month period since April 2024 (previously one). The count resets from the date of decision.
How long does my employer have to respond?
Two months from receipt of the request (reduced from three months in April 2024). Delay may itself be a breach.
What if my employer refuses?
Options: internal appeal, fresh request after 12 months, tribunal claim if procedure was defective, discrimination claim if the refusal disadvantages a protected characteristic. Discrimination claims are uncapped.
Can I request flexible working as a reasonable adjustment?
Yes if you are disabled under the Equality Act 2010. Reasonable adjustment claims are stronger - uncapped compensation, no service qualifier.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.