Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Work patterns have shifted dramatically over the last decade, and the old default of Monday to Friday at a fixed desk no longer suits every role or every household. Whether you are juggling childcare, managing a health condition, studying alongside your job, or simply looking for a rhythm that fits your life better, the right to ask for a different way of working is now firmly part of UK employment law.
This guide walks through what a flexible working request actually is, who can make one, how the process runs from first conversation to final decision, and what both sides should keep in mind along the way. It also covers the changes introduced by the Employment Relations (Flexible Working) Act 2023, which came into force in April 2024.
Overview
A flexible working request is a formal approach made by an employee asking their employer to change the way they work. The changes covered are broad: they can relate to when you work (start and finish times, compressed hours, annualised hours), where you work (home, hybrid, a different site), or how many hours you work (part-time, job share, term-time only).
The statutory right to make such a request sits within the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023 and associated regulations. Since 6 April 2024, the right is a day-one right, meaning the previous 26-week qualifying period no longer applies.
Employees can now make two statutory requests in any twelve-month period, and employers must deal with each request within two months unless both parties agree to extend. The employer is not obliged to say yes, but they must handle the request in a reasonable manner and can only refuse on one of the statutory grounds set out in legislation.
Key steps
Check what your employer already offers. Before putting anything in writing, have a look at your contract, staff handbook, intranet or HR policies. Some employers already run informal flexible arrangements or have their own internal form. Understanding the existing framework helps you frame a request that stands a realistic chance of being approved and shows you have thought it through. 2. Put your request in writing. A statutory request must be made in writing, dated, and must state that it is a statutory flexible working request. Set out clearly what change you are asking for, the date you would like it to start, and whether you have made any previous statutory request. You no longer need to explain the impact on the business or suggest how it could be managed, though doing so voluntarily can strengthen your case. 3. Attend a consultation meeting. Under the current rules, your employer must consult with you before refusing a request. This is usually a meeting, either in person or remote, where you can talk through your proposal, discuss any concerns the business has, and explore compromises such as a trial period or a partial change. Go in prepared with practical answers to likely questions about cover, handovers and team impact. 4. Wait for the written decision. Your employer has two months from the date of your request to give you a decision, unless you both agree to extend that period. If the answer is yes, the change to your terms becomes permanent unless agreed otherwise, so check the details carefully. If the answer is no, the refusal must be based on one of the eight statutory business reasons, such as additional costs, inability to reorganise work, or detrimental effect on performance. 5. Consider your options if refused. If your request is declined, ask for a clear explanation of the reasoning. Many employers offer an internal appeal process, and it is worth using it. Where you believe the decision was handled unreasonably, based on incorrect facts, or amounted to discrimination linked to a protected characteristic, you may be able to raise a grievance or bring a claim in the employment tribunal.
Q Do I still need 26 weeks' service to make a flexible working request?
No. The qualifying period was removed on 6 April 2024. Flexible working is now a day-one right, meaning you can submit a statutory request from the first day of your employment. This change was introduced by the Flexible Working (Amendment) Regulations 2023. That said, practical considerations like settling into a role and understanding how the team works often make it sensible to wait a little before putting in a request.
Q How many requests can I make in a year?
Since April 2024, employees can make two statutory flexible working requests in any rolling twelve-month period, up from one under the previous rules. Each request must be handled on its own merits. If you have a request pending, you cannot submit a second one until the first is concluded. Informal conversations about working patterns outside the statutory process do not count towards this limit.
Q What reasons can my employer give for refusing a request?
An employer can only refuse a statutory flexible working request on one of eight business reasons set out in legislation. These include extra costs that would damage the business, inability to reorganise work among other staff, inability to recruit additional cover, detrimental effect on quality or performance, insufficient work during the proposed hours, and planned structural changes. The reason must genuinely apply to your situation.
Q Is a flexible working arrangement permanent once approved?
Yes, unless the agreement says otherwise. An approved statutory flexible working request results in a permanent change to your employment contract, so the new pattern becomes your contractual working arrangement. If you or your employer want the change to be temporary or subject to a trial period, this needs to be agreed and documented clearly at the time of acceptance to avoid disputes later.
Q Can I appeal if my request is turned down?
There is no statutory right of appeal built into the flexible working legislation, but the Acas Code of Practice recommends that employers allow one, and most do. If your request is refused, ask whether an appeal process is available and use it. If you believe the refusal was unreasonable, procedurally flawed, or linked to discrimination, you may also have grounds to bring a claim in the employment tribunal.
Q Does flexible working only mean working from home?
Not at all. Flexible working covers a wide range of patterns including part-time hours, job sharing, compressed hours (for example four longer days instead of five), flexitime, staggered start and finish times, term-time only working, annualised hours, and phased retirement. Remote or hybrid working is just one option. The right statutory request is the one that actually matches how you want your working life to look.
Q What should I do if I think I have been treated unfairly?
Start by raising the issue internally through your employer's grievance procedure. Keep a written record of dates, conversations and decisions. If the matter cannot be resolved, you can contact Acas for early conciliation, which is a required step before most tribunal claims. Strict time limits apply to employment tribunal claims, usually three months less one day from the act complained of, so do not delay seeking guidance.
Getting a request right from the start gives it the best chance of being approved, and knowing where you stand if things go wrong matters just as much. An experienced legal adviser can help you think through your approach based on what you describe on the call.
✓Plain-English answers to your specific questions about the process
✓Practical perspective on how to frame your request
✓Clarity on what your employer can and cannot do in your situation
✓Guidance tailored to what you describe about your circumstances
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.