Flexible Working Request: UK Employer Guide

Flexible working has become a central feature of the modern UK workplace, driven by changes in employee expectations, developments in technology and evolving employment practices following the COVID-19 pandemic. In response to these shifts, the UK government has strengthened the statutory framework governing flexible working requests, making it easier for employees to seek changes to when, where and how they work.

From 6 April 2024, significant amendments to the flexible working regime came into force under the Flexible Working (Amendment) Regulations 2023. These reforms expanded employee access to the statutory right to request flexible working while imposing clearer procedural obligations on employers when handling such requests. Although the changes do not create a legal right to work flexibly, they do increase the legal and operational risks for employers who fail to follow the correct process.

For employers, managers and HR professionals, flexible working requests are no longer an occasional issue but a routine compliance matter. Mishandling a request can expose the business to employment tribunal claims, discrimination allegations and reputational damage, even where there are legitimate business reasons for refusing the request.

What this article is about

This article provides a comprehensive employer-focused guide to flexible working requests under UK employment law. It explains what a flexible working request is, who can make one, how employers must respond under the revised legal framework and when a request can lawfully be refused. It also examines the risks of non-compliance, best practice for managing requests and how to implement flexible working arrangements effectively once agreed.

Section A: What Is a Flexible Working Request?

A flexible working request is a formal application made by an employee asking their employer to change their working arrangements. These requests are governed by Part 8A of the Employment Rights Act 1996 and are formally referred to in legislation as a “statutory application”.

Flexible working is a broad concept and can relate to changes in working hours, working patterns or working location. The purpose of the statutory scheme is to allow employees to seek adjustments to their terms and conditions of employment where those adjustments relate to how, when or where work is carried out.

Although the statutory right is framed as a right to request, not a right to insist, employers are under a legal duty to deal with flexible working requests in a reasonable manner and within strict procedural requirements.

1. What flexible working means in practice

In practical terms, flexible working can take many different forms depending on the nature of the role, the needs of the business and the employee’s personal circumstances. A flexible working request may relate to one or more of the following areas:

• the number of hours an employee works
• the times when those hours are worked
• the location from which the work is carried out

This means that flexible working is not limited to remote or homeworking arrangements. It can apply equally to roles that are fully office-based, shift-based or operational in nature, provided the request relates to working time, pattern or place.

2. Common types of flexible working requests

Common examples of flexible working arrangements that may be requested by employees include:

• flexible start and finish times, where an employee works within agreed core hours but can vary their start and end times
• compressed hours, such as working a full-time role over fewer days, for example a four-day week
• varied or alternative shift patterns, including changes between morning, afternoon or evening shifts
• staggered hours, where an employee starts and finishes at different times from colleagues
• part-time working, where a role previously performed on a full-time basis is reduced in hours or days
• remote working or homeworking, either on a full-time basis or as part of a hybrid working arrangement
• job-sharing, where a full-time role is divided between two employees working different times

These examples are not exhaustive. Any request that seeks to change hours, times or place of work may fall within the scope of a statutory flexible working request.

3. Statutory flexible working requests vs informal flexibility

It is important for employers to distinguish between statutory flexible working requests and informal flexibility arrangements.

A statutory flexible working request is one that is made under the Employment Rights Act 1996 and triggers specific legal obligations, including time limits, consultation requirements and potential tribunal remedies if mishandled.

By contrast, informal flexibility may arise where an employer agrees ad hoc changes to working arrangements without the employee making a formal statutory request. While informal arrangements can offer short-term flexibility, they still carry legal risk if they amount to a contractual change or are applied inconsistently.

From an employer perspective, even informal flexibility should be documented carefully. Where a working arrangement becomes established over time, particularly where it is long-term and consistently applied, it may be argued to have become an implied term of the contract, limiting the employer’s ability to revert to previous arrangements.

Section A summary

A flexible working request is a formal statutory application by an employee to change their working hours, patterns or location. Flexible working can take many forms and is not limited to homeworking. While employees do not have a right to insist on flexible working, employers must understand the scope of the statutory scheme and distinguish clearly between formal flexible working requests and informal flexibility to manage legal risk effectively.

Section B: Who Can Make a Flexible Working Request?

The statutory right to make a flexible working request is now significantly broader than under the previous legal framework. Since 6 April 2024, the focus has shifted away from eligibility thresholds and towards ensuring that employers handle requests lawfully and consistently from the outset of employment.

Understanding who can make a flexible working request, and on what basis, is essential for employers to ensure compliance with the revised statutory regime and to avoid rejecting requests on incorrect eligibility grounds.

1. Day one right to request flexible working

Under the Flexible Working (Amendment) Regulations 2023, all employees have the right to make a statutory flexible working request from the first day of their employment. The previous requirement for 26 weeks’ continuous service has been removed entirely.

This means that:

• employees can submit a flexible working request as soon as their employment begins
• employers can no longer refuse to consider a request on the basis of insufficient service
• flexible working may arise during recruitment, onboarding or probationary periods

While employers are not required to accept flexible working requests made at an early stage of employment, they must still follow the statutory process when considering them. The existence of a probationary period does not alter the statutory obligation to consider a flexible working request lawfully.

It is important to note that the right to request flexible working applies to employees only. Individuals engaged as workers, consultants or self-employed contractors do not benefit from the statutory scheme, although employers may choose to offer flexibility on a contractual or discretionary basis.

2. How many flexible working requests can be made?

Employees are entitled to make up to two statutory flexible working requests in any rolling 12-month period.

For employers, this creates a need to:

• track the number of statutory requests made by each employee
• distinguish between statutory and non-statutory requests
• ensure that repeat requests are handled within the legal framework

If an employee has already made two statutory requests within the previous 12 months, an employer may lawfully refuse to consider a third request on that basis alone. However, care should be taken to ensure that the earlier requests were genuinely statutory requests and not informal discussions or proposals.

3. What makes a request a valid statutory flexible working request?

Although the 2024 reforms simplified the process for employees, a flexible working request must still meet certain minimum requirements to qualify as a statutory application.

A valid statutory flexible working request must:

• be made in writing
• state that it is a statutory flexible working request
• specify the change to working hours, times or location being sought
• state the date on which the employee proposes the change should take effect

Employees are no longer required to explain the potential impact of the requested change on the employer or how any adverse effects might be addressed. This places greater responsibility on employers to explore feasibility during the consultation process.

If a request does not meet these requirements, employers should respond carefully. Rather than rejecting the request outright, it is often safer to seek clarification or treat the request as informal, particularly where rejecting it may give rise to employee relations or discrimination issues.

Section B summary

All employees now have a day one right to make up to two statutory flexible working requests in any 12-month period. There is no minimum service requirement, and employers must no longer assess eligibility based on length of employment. However, only employees are covered by the statutory scheme, and requests must still meet basic formal requirements to trigger the employer’s legal obligations.

Section C: Employer Duties When Handling a Flexible Working Request

Once a valid statutory flexible working request has been submitted, the employer becomes subject to a number of legal duties governing how that request must be handled. The revised framework places greater emphasis on procedural fairness, consultation and timely decision-making, regardless of whether the request is ultimately accepted or refused.

For employers, the key compliance risk lies not in the outcome of the request, but in the process followed. Even where there are strong business reasons for refusing a flexible working request, a failure to comply with statutory duties may expose the employer to tribunal claims and reputational harm.

1. Time limits for responding to a flexible working request

Employers must deal with a statutory flexible working request and notify the employee of their decision within two months of the date the request is made.

This two-month period includes:

• any consultation meetings
• consideration of alternative options
• the final decision and written notification

The two-month deadline may only be extended if the employer and employee expressly agree to a longer period. Any extension should be recorded in writing to avoid later disputes about compliance with statutory time limits.

Failure to issue a decision within the required timeframe may give rise to a claim that the employer has failed to deal with the request in accordance with the statutory procedure.

2. The duty to consult before refusing a flexible working request

One of the most significant changes introduced by the Flexible Working (Amendment) Regulations 2023 is the requirement for employers to consult with the employee before refusing a flexible working request.

Consultation does not require employers to agree to the request, and does not require multiple meetings, provided the employer meaningfully engages with the employee. In practice, this means:

• discussing the request with the employee
• exploring whether the request can be accommodated in full or in part
• considering alternative flexible working arrangements where the original proposal is not workable

Employers should be prepared to explain any practical or operational difficulties and to consider whether adjustments could mitigate those issues. A failure to consult at all, or a token consultation with a predetermined outcome, is likely to be viewed unfavourably by an employment tribunal.

If the employer is content to approve the flexible working request as made, there is no obligation to consult before acceptance.

3. Dealing with requests in a reasonable manner

In addition to specific procedural requirements, employers must deal with flexible working requests in a reasonable manner. While the legislation does not define “reasonable manner” exhaustively, guidance from ACAS makes clear that this involves:

• handling requests objectively and without bias
• considering each request on its individual merits
• avoiding blanket policies or predetermined refusals
• maintaining clear communication throughout the process

Consistency is particularly important. Employers should be able to demonstrate that similar requests are treated similarly, or that any differences in treatment are objectively justified by business needs.

Documenting the process is also critical. Written records of meetings, discussions and decision-making will assist employers in demonstrating compliance if a decision is later challenged. Employment tribunals are required to take the ACAS Code of Practice into account where relevant when considering flexible working disputes.

Section C summary

When handling a flexible working request, employers must comply with strict procedural duties. Decisions must be made within two months, consultation must take place before any refusal, and requests must be handled in a reasonable and transparent manner. Even where refusal is justified, procedural failures can create significant legal risk for employers.

Section D: Can an Employer Refuse a Flexible Working Request?

Although employees have a statutory right to make a flexible working request, employers are not legally required to agree to every request. The law recognises that business needs may legitimately prevent certain forms of flexibility from being accommodated. However, refusal is only lawful where it is based on one or more prescribed grounds and follows the correct statutory process.

Employers should approach refusals with caution. Even where a refusal falls within a permitted ground, poor reasoning, inadequate consultation or inconsistent treatment can undermine the decision and expose the organisation to legal challenge.

1. Lawful grounds for refusing a flexible working request

An employer may refuse a flexible working request only for one or more of the statutory reasons set out in the Employment Rights Act 1996. These are:

• the burden of additional costs
• a detrimental effect on the ability to meet customer demand
• an inability to reorganise work among existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes to the business

Employers should ensure that any refusal is genuinely linked to one or more of these grounds and that the reasoning is supported by evidence or objective assessment, rather than assumption or preference.

2. Common employer mistakes when refusing flexible working requests

Refusals are most likely to be challenged where employers make avoidable errors in how the decision is reached or communicated. Common pitfalls include:

• refusing a request without consultation or meaningful discussion
• relying on vague or generic business reasons without explanation
• applying blanket rules, such as refusing all homeworking requests
• treating similar requests differently without objective justification
• failing to consider whether partial or alternative arrangements may be workable

Employers should also be mindful that a refusal based on operational concerns today may be undermined if flexibility is later granted to another employee in a similar role without a clear rationale.

3. Is there a right of appeal against refusal?

There is no express statutory requirement for employers to offer an appeal where a flexible working request is refused. However, employers are strongly encouraged to provide an appeal mechanism as part of dealing with requests in a reasonable manner.

The revised ACAS Code of Practice on handling flexible working requests emphasises the value of allowing employees to challenge or clarify decisions. An appeal can:

• correct errors or misunderstandings
• demonstrate procedural fairness
• reduce the risk of tribunal claims
• support positive employee relations

Offering an appeal is therefore best viewed as a risk management tool rather than an additional administrative burden.

Section D summary

Employers may lawfully refuse a flexible working request, but only for one or more of the prescribed statutory reasons and after following the correct process. Consultation, clear reasoning and consistency are essential. While there is no statutory right of appeal, offering one is strongly recommended as part of a fair and defensible decision-making process.

Section E: Legal Risks of Mishandling a Flexible Working Request

Flexible working requests are often viewed by employers as operational or employee relations issues. In reality, they carry significant legal risk if handled incorrectly. Even where a request is ultimately refused for legitimate business reasons, a failure to comply with statutory requirements or to consider wider equality implications can expose employers to costly and time-consuming claims.

Understanding the potential legal consequences of mishandling a flexible working request is essential for effective risk management.

1. Employment tribunal claims for procedural breaches

An employee may bring a claim to the employment tribunal if an employer fails to comply with the statutory flexible working procedure. This includes situations where the employer:

• fails to deal with the request within the two-month decision period
• refuses the request without consulting the employee
• relies on reasons that do not fall within the permitted statutory grounds
• fails to deal with the request in a reasonable manner

If a claim is upheld, the tribunal may order the employer to reconsider the request and may award compensation of up to eight weeks’ pay, subject to the statutory weekly pay cap in force at the time. This remedy applies only to procedural breaches of the flexible working regime and does not limit compensation in discrimination claims.

Although compensation levels are relatively modest, tribunal proceedings themselves can be costly, time-consuming and damaging to employee relations.

2. Discrimination risks arising from refusal

In many cases, the greater legal risk associated with flexible working requests arises not from procedural breaches, but from discrimination claims.

A refusal of a flexible working request may give rise to allegations of discrimination where the request is linked to a protected characteristic under the Equality Act 2010. Common risk areas include:

• sex discrimination, particularly where women with childcare responsibilities are disadvantaged
• disability discrimination, where flexibility is requested as a reasonable adjustment
• indirect discrimination, where a rigid working requirement places certain groups at a particular disadvantage

Unlike standalone flexible working claims, discrimination claims are not subject to a statutory compensation cap and may include awards for injury to feelings.

3. Constructive unfair dismissal exposure

In more serious cases, the handling of a flexible working request may contribute to a claim for constructive unfair dismissal.

If an employer’s refusal is accompanied by procedural failures, unreasonable conduct or a breakdown of trust and confidence, an employee may resign in response and argue that the employer has committed a fundamental breach of contract.

A refusal of a flexible working request alone will rarely be sufficient to establish constructive unfair dismissal without additional serious failings. While constructive dismissal claims are subject to a high legal threshold, flexible working disputes can play a significant role where the employee feels their concerns have been dismissed or handled unfairly.

Section E summary

Mishandling a flexible working request can expose employers to tribunal claims, discrimination allegations and, in some cases, constructive unfair dismissal claims. The legal risk often arises from how the request is handled rather than whether it is accepted or refused. Employers should therefore treat flexible working requests as a compliance issue, not merely a discretionary management decision.

Section F: Implementing an Approved Flexible Working Request

Where an employer agrees to a flexible working request, either in full or with modifications, the focus shifts from decision-making to implementation. At this stage, employers must ensure that the agreed changes are properly documented, communicated and managed to avoid future disputes or operational difficulties.

Approving a flexible working request without formalising the arrangement can create uncertainty and legal risk, particularly where working patterns evolve over time.

1. Making contractual changes following approval

Once a flexible working request has been approved, the agreed changes will usually amount to a variation of the employee’s terms and conditions of employment. This is because changes to hours, working patterns or location typically form part of the employment contract.

Employers should therefore:

• confirm the agreed changes in writing
• specify the new working arrangements clearly
• record the date on which the changes will take effect

The written confirmation should reflect whether the change is permanent or subject to review. Where a trial period is agreed, this should be clearly stated, including how long the trial will last and how success will be assessed.

Failure to document agreed changes properly can result in disputes about contractual terms and may limit the employer’s ability to amend arrangements at a later stage.

2. Managing and reviewing flexible working arrangements

Approving a flexible working request is not the end of the process. Employers should actively manage the arrangement to ensure that it works effectively for both the business and the employee.

This may include:

• monitoring performance and productivity
• assessing the impact on team dynamics and workload distribution
• maintaining regular communication with the employee
• reviewing the arrangement after an agreed period

Where issues arise, employers should address them promptly and constructively. If a flexible working arrangement proves unworkable, any changes should be discussed with the employee and handled carefully to avoid breaching contractual obligations or undermining trust and confidence.

Section F summary

When a flexible working request is approved, employers must ensure that the changes are properly documented and implemented. Clear written confirmation, ongoing communication and regular review are essential to manage flexible working arrangements effectively and to minimise the risk of future disputes.

Section G: Flexible Working Request Best Practice for Employers

Beyond strict legal compliance, employers should adopt best practice measures to manage flexible working requests effectively and consistently across the organisation. A structured approach not only reduces legal risk but also supports employee engagement, retention and workforce planning.

Flexible working requests should be treated as part of a broader people management strategy, rather than as isolated or exceptional events.

1. Having a clear flexible working policy

A written flexible working policy provides a framework for handling requests consistently and transparently. It helps managers understand their responsibilities and gives employees clarity about how requests will be considered.

An effective flexible working policy should:

• explain the statutory right to make a flexible working request
• set out how and when requests should be made
• outline the decision-making process and timeframes
• confirm how consultation and appeals will be handled

While each request must still be assessed on its individual merits, a policy helps to ensure a fair and structured approach across the organisation.

2. Training managers to handle requests objectively

Managers play a central role in handling flexible working requests and are often the first point of contact for employees. Without proper training, there is a risk that requests are mishandled, dismissed too quickly or influenced by unconscious bias.

Employers should ensure that managers understand:

• the legal framework governing flexible working requests
• the importance of consultation and documentation
• how to assess operational impact objectively
• how to identify potential discrimination risks

Well-trained managers are better equipped to balance business needs with employee flexibility and to make defensible decisions.

3. Record keeping and audit trail

Maintaining clear records of flexible working requests and how they are handled is essential for compliance and risk management.

Employers should keep records of:

• the original request
• consultation discussions and meetings
• the decision and reasons for acceptance or refusal
• any appeal and its outcome
• agreed contractual changes and review dates

An effective audit trail allows employers to demonstrate compliance with statutory obligations and provides valuable evidence if a decision is later challenged.

Section G summary

Best practice in handling flexible working requests goes beyond legal compliance. Clear policies, trained managers and robust record keeping help employers manage requests fairly, consistently and with reduced legal risk, while supporting positive workplace relations.

Frequently Asked Questions About Flexible Working Requests

1. Is a flexible working request a legal right?

Employees do not have a legal right to work flexibly. Instead, they have a statutory right to make a flexible working request, which the employer must consider in accordance with the framework set out in the Employment Rights Act 1996. Employers may lawfully refuse a request provided they follow the correct procedure and rely on one or more of the permitted statutory grounds.

2. Can an employer refuse a flexible working request?

Yes. An employer may refuse a flexible working request if the refusal is based on one or more of the prescribed statutory reasons, such as cost, impact on performance or an inability to reorganise work. However, the employer must consult with the employee before refusing the request and must provide clear written reasons for the decision.

3. Can a flexible working request be withdrawn or changed?

An employee may withdraw a flexible working request at any time before a decision is made. Employees may also submit a revised request, provided they do not exceed the limit of two statutory requests within a 12-month period. Employers should confirm any withdrawal or amendment in writing to avoid uncertainty or dispute.

4. Is there a right to appeal a flexible working request decision?

There is no statutory right of appeal following a refusal of a flexible working request. However, offering an appeal is strongly recommended under best practice and ACAS guidance, as it supports procedural fairness and helps reduce the risk of legal challenge.

5. What happens if an employer ignores a flexible working request?

If an employer fails to respond to a flexible working request within the statutory two-month timeframe, the employee may bring a claim to the employment tribunal. The tribunal may order the employer to reconsider the request and may award compensation of up to eight weeks’ pay for procedural breaches.

6. Can flexible working arrangements be changed later?

Once a flexible working request has been approved and implemented, it will usually form part of the employee’s contractual terms. Any later changes will therefore require the employee’s agreement, unless the contract allows for variation. Employers should manage flexible working arrangements carefully and document any agreed changes.

Conclusion

Flexible working requests are now a routine feature of the UK employment landscape and should be treated by employers as a core compliance issue rather than an informal management decision. The 2024 reforms have widened employee access to the statutory right to request flexible working while increasing the procedural obligations placed on employers when responding to those requests.

Although employers are not required to agree to flexible working requests, they must follow a structured and lawful process. This includes meeting statutory time limits, consulting with employees before refusing requests and ensuring that any refusal is based on one or more of the permitted legal grounds. Failures in process, rather than the outcome itself, are the most common source of legal risk.

By adopting clear policies, training managers effectively and maintaining robust records, employers can manage flexible working requests in a way that supports operational needs while reducing exposure to tribunal claims, discrimination allegations and employee relations issues.

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