This guide is maintained as a current resource for November 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.
Guide to rights to flexible working requests in England and Wales. Learn who can request flexible working, how to make a statutory application, employer duties, business reasons for refusal, time limits, tribunal considerations and practical steps for employees and employers.
Flexible working arrangements allow employees to adjust when, where and how they carry out their work. Since April 2024, UK law gives all employees in England and Wales the statutory right to request flexible working from the first day of employment. Employers must consider these requests and can only refuse them for genuine business reasons. This article explains the legal rights, the process for making and responding to requests, employer obligations, potential disputes, and practical guidance for employees and employers. The focus is on current statutory rights and procedures under the Employment Rights Act 1996, the Acas Code of Practice on requests for flexible working, and related authoritative guidance.
What Flexible Working Means
Flexible working refers to altering an employee's terms to change aspects of their work such as:
- Hours of work
- Times of starting and finishing
- Work location (for example home working)
- Patterns of work (such as compressed hours, job sharing or part‑time work)
This flexibility can support better work–life balance, improve wellbeing and make roles more accessible to people with caring responsibilities or health needs.
Who Has the Right to Request
Anyone with the legal status of employee has a statutory right to request flexible working from the first day of employment. This includes employees regardless of length of service. Those who are not employees (such as most agency workers, casual workers and the genuinely self‑employed) do not automatically have this statutory right, although they can still ask their employer informally for flexible arrangements.
How the Right to Request Works
Making a Statutory Request
To exercise the statutory right, an employee must put the request in writing and clearly state that it is a statutory request for flexible working. The written request must include:
- The date of the request
- The change sought (for example reduced hours or a new work location)
- The date the employee would like the change to start
- Whether the employee has made any previous statutory requests and, if so, when
Employees may make two statutory requests in any 12‑month period, and can have only one “live” request with their employer at a time. A request stays live until the employer decides, the request is withdrawn, an outcome is agreed, or the statutory two‑month decision period expires (including any agreed extension).
Employer Obligations When Handling a Request
Once an employer receives a statutory request, they must:
- Handle the request reasonably, following the Acas Code of Practice on requests for flexible working.
- Consult with the employee before rejecting a request unless it is accepted in full.
- Make and communicate a decision within two months (or a longer period if agreed with the employee).
Employers must also ensure that handling requests complies with discrimination law (e.g., under the Equality Act 2010) and, where relevant, the law on reasonable adjustments for disability.
Accepting or Rejecting a Request
Genuine Business Reasons for Refusal
An employer can refuse a statutory flexible working request only on specified business grounds, such as:
- Burden of additional costs
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- A detrimental impact on quality or performance
- Inability to meet customer demand
- Insufficient work available for proposed hours
- Planned structural changes at the business
If rejecting a request, the employer must explain the business reasons in writing and confirm that they have consulted the employee before making that decision.
Appeals and Alternative Options
There is no statutory right to appeal a decision, but it is good employment practice to allow employees to lodge an appeal. The Acas Code of Practice sets out guidance on how to handle appeals fairly. Employers should explicitly state any appeal process and timeframes in their written decision.
Flexibility can also be agreed informally, outside the statutory framework. Informal arrangements are not governed by the statutory right and do not carry the same legal protections, but they can be useful for short‑term or trial arrangements.
Putting Flexible Working Arrangements into Effect
If a request is accepted (either fully or partially), the agreed changes normally become a permanent variation of the contract of employment unless otherwise agreed. Employers should issue revised written terms promptly to reflect any changes.
Time Limits and Repeated Requests
- Employers must decide and communicate on a request within two months of receipt, unless an extension is agreed.
- Employees may make two statutory requests in any rolling 12‑month period.
Dispute Handling and Employment Tribunal Claims
If an employer fails to handle a statutory request in a reasonable manner or discriminates when considering a request, an employee may present a complaint to an Employment Tribunal. Tribunals will consider compliance with the statutory procedure and the Acas Code of Practice when evaluating cases. Employers must avoid detriment or adverse treatment because an employee made, intends to make, or raised concerns about a flexible working request.
Practical Considerations for Employees
- Prepare the request carefully: Ensure the written request contains all required elements.
- Time the request appropriately: Allow reasonable notice before the desired change.
- Keep records: Retain copies of correspondence and notes of meetings.
- Explore reasonable adjustments separately: If the request relates to a disability, consider also whether reasonable adjustment obligations apply.
Key Takeaways
Under current law in England and Wales, all employees have the statutory right to request flexible working from day one of employment. The process requires a written request, an employer decision within two months, and handling in line with the Acas Code of Practice. Employers may refuse only on genuine business grounds, and both parties can benefit from clear communication and consultation. Failure to follow statutory procedures or discriminatory treatment can lead to Employment Tribunal claims. Understanding these rights helps employees and employers manage flexible working arrangements fairly and effectively.
