This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Flexible working request eligibility explained for England and Wales, including day-one rights, who can apply, employer obligations, refusal grounds, and legal protections under the Employment Rights Act 1996 and Employment Relations (Flexible Working) Act 2023. Clear guidance on UK flexible working law and tribunal rights.
Flexible working request eligibility determines who has the legal right to ask an employer to change their working arrangements. This includes requests to alter working hours, shift patterns, workplace location, or hybrid arrangements.
The legal framework is set out in the Employment Rights Act 1996 as amended by the Employment Relations (Flexible Working) Act 2023 and related regulations. The law gives eligible workers a statutory right to request flexible working from day one of employment, rather than after a qualifying period.
Understanding eligibility is important because employers must follow a defined process when handling requests, and failure to do so may result in complaints, grievances, or employment tribunal claims.
Legal Framework for Flexible Working Requests
Flexible working rights in England and Wales are governed by:
- Employment Rights Act 1996
- Employment Relations (Flexible Working) Act 2023
- Flexible Working Regulations 2014 (as amended)
Guidance and dispute resolution support is commonly provided by:
The legal framework sets out:
- Who is eligible to request flexible working
- How requests must be made and considered
- Time limits for employer responses
- Lawful reasons for refusal
Who Is Eligible to Make a Flexible Working Request
Day-one right to request
Since April 2024, most employees have the right to request flexible working from the first day of employment.
This means:
- No minimum length of service is required
- Eligibility applies immediately upon starting a job
- The right applies to both full-time and part-time employees
Who Is Covered by Flexible Working Rights
Eligibility generally applies to:
Employees
Most employees under a contract of employment are eligible, including:
- Full-time employees
- Part-time employees
- Fixed-term employees
- Returning employees after maternity or shared parental leave
Agency workers and contractors
- Agency workers are generally not directly covered, but may request changes via their agency or end client arrangements
- Self-employed individuals are not covered, as they are not employees
What Counts as a Flexible Working Request
Eligible employees can request changes to:
- Working hours (reduction or adjustment)
- Working days (e.g. compressed hours)
- Start and finish times
- Place of work (homeworking or hybrid arrangements)
- Job sharing arrangements
- Shift patterns
Only one statutory request can be active at a time.
Frequency of Requests
Employees are generally allowed:
- Up to two statutory flexible working requests within a 12-month period
Each request must be considered individually, and employers cannot ignore or dismiss valid applications without following the statutory process.
Employer Duties Once Eligibility is Met
Once an eligible request is made, employers must:
1. Consider the request properly
Employers must assess:
- Business needs
- Operational impact
- Employee circumstances
- Feasibility of the proposed arrangement
2. Respond within the legal timeframe
Employers must respond:
- Within two months of receiving the request
- This can be extended if both parties agree
3. Consult the employee
Before refusing a request, employers are expected to consult with the employee to explore alternatives.
Grounds for Refusing a Flexible Working Request
Employers can refuse a request only for one or more of the statutory business reasons, including:
- Additional costs to the business
- Inability to reorganise work among staff
- Negative impact on quality
- Negative impact on performance
- Insufficient work during proposed hours
- Planned structural changes
- Impact on customer demand
- Lack of work during requested periods
The refusal must be reasonable and based on evidence, not assumption.
Process for Making a Request
A valid flexible working request should typically include:
- The date of the request
- Confirmation that it is a statutory request
- Details of the change requested
- Proposed start date
- Explanation of how the change may affect the business (and mitigation proposals where possible)
Employers are not required to accept the request, but must follow a fair process.
Protection Against Unfair Treatment
Employees are protected from:
- Dismissal or detriment for making a flexible working request
- Penalisation or discrimination linked to the request
If an employer treats an employee unfairly because of a request, this may lead to:
- Grievance procedures
- Employment tribunal claims
- Compensation awards in some cases
Employment Tribunal Claims
A tribunal claim may arise where:
- The employer fails to follow the statutory process
- The request is refused without valid business reasons
- The employee suffers detriment for requesting flexibility
Claims are usually subject to strict time limits:
- Generally three months less one day from the act complained of
- Early conciliation via ACAS is required before issuing a claim
Common Eligibility and Process Issues
Frequent problems include:
- Employers incorrectly requiring long service before allowing requests
- Failure to respond within statutory deadlines
- Refusal without proper explanation
- Lack of consultation with the employee
- Informal rejection without written confirmation
These issues often lead to disputes and formal grievances.
Practical Steps if Eligibility Is Disputed
Where eligibility or handling of a request is unclear, common steps include:
- Reviewing the employment contract and policies
- Confirming statutory eligibility under current rules
- Submitting a written flexible working request
- Seeking clarification from the employer
- Raising a grievance if the process is not followed
- Contacting ACAS for early conciliation support
Common Questions from our Readers
Do I need to work for a certain time before requesting flexible working?
No. Most employees can request flexible working from day one of employment.
Can my employer refuse my request immediately?
No. Employers must consider the request and follow the statutory process before refusing.
How many requests can I make?
Generally up to two statutory requests in any 12-month period.
Does flexible working have to be permanent?
Not always. It can be temporary or permanent depending on the request and agreement.
Key Takeaways
Flexible working request eligibility in England and Wales allows most employees to request changes to their working arrangements from the first day of employment. Employers must follow a structured process, consider requests reasonably, and can only refuse for specific business reasons. Employees are protected from unfair treatment, and disputes may be resolved through grievance procedures, ACAS conciliation, or employment tribunal claims.
