Flexible working is a day-one right in the UK from 2024. Under the Employment Relations (Flexible Working) Act 2023, all employees have the right to request flexible working from the first day of employment — no 26-week qualifying period required. Your employer must respond within 2 months, and they can only refuse on one of eight statutory grounds.

Key Takeaways

  • Day-one right — from 6 April 2024, the 26-week qualifying period was removed. All employees can request flexible working from day one.
  • Two requests per year — previously one. You can now make up to two statutory flexible working requests in any 12-month period.
  • Employers must respond within 2 months — reduced from 3 months.
  • Eight statutory grounds for refusal — employers cannot refuse for any other reason.
  • No requirement to explain impact — the 2014 requirement for employees to explain the impact of their request on the business was removed.
  • Your request must be in writing and state that it is a statutory flexible working request.

Template Letter: Flexible Working Request (Statutory)

[Your Name]
[Your Address]
[Date]

[Manager's Name]
[Company Name]
[Company Address]

Subject: Statutory Flexible Working Request — [Your Name]

Dear [Manager's Name],

I am writing to make a statutory application for flexible working under the Employment Relations (Flexible Working) Act 2023.

**My current working pattern:**

I currently work [full-time / part-time / compressed / shift pattern — describe your current hours].

**My requested change:**

I would like to change my working pattern to the following:

[Select one or describe your arrangement:
- Compressed hours — [details of compressed week, e.g., 4 longer days, 3-day weekend]
- Flexible start and finish times — [e.g., core hours 10am–4pm, flexible start between 7am–10am]
- Part-time hours — [e.g., 30 hours per week over 4 days]
- Hybrid working — [e.g., 2 days in the office, 3 days remote]
- Job share — [with Name]
- Staggered hours — [e.g., 11am–7pm and 7am–3pm rotation]

This change would take effect from [Proposed Start Date].

**Why this arrangement works for me:**

[Optional — you are no longer required to explain the impact on the business, but explaining the personal benefit can strengthen your case.]

**Why this arrangement works for the business:**

[Optional — demonstrating how your proposal meets business needs shows good faith.]

I confirm that this is my second / first statutory flexible working request in the last 12 months.

I would like to discuss this request with you and am happy to be flexible on the details. I look forward to your response within the statutory 2-month period.

Yours sincerely,

[Your Full Name]

The Eight Statutory Grounds for Refusal

An employer can only refuse a flexible working request on one or more of these grounds:

  1. Burden of additional costs
  2. Detrimental effect on ability to meet customer demand
  3. Inability to reorganise work among existing staff
  4. Inability to recruit additional staff
  5. Detrimental impact on quality
  6. Detrimental impact on performance
  7. Insufficiency of work during the periods the employee proposes to work
  8. Planned structural changes

If your employer refuses on grounds other than these, the refusal is invalid and can be challenged at an employment tribunal.

The Flexible Working Process

Step Timeline Details
Employee submits request Day 0 Written request stating it is a statutory application. Can be an email, letter, or digital form.
Employer acknowledges receipt As soon as possible Good practice — not legally required but recommended.
Employer discusses with employee Within 2 months Must hold a discussion if the employer intends to refuse. Can approve without discussion.
Employer decision Within 2 months of the original request Must be in writing with reasons if refused.
Appeal Within reasonable timeframe The ACAS Code of Practice recommends a meeting and a written outcome.
Final decision Within reasonable timeframe after appeal No statutory deadline for appeal outcome — ACAS recommends as soon as possible.

Important Changes from 2024

Before April 2024 From April 2024
26-week qualifying period Day-one right
One request per 12 months Two requests per 12 months
Employer must respond within 3 months 2 months
Employee must explain impact on business No requirement to explain impact
Request must be in writing Same
Eight statutory refusal grounds Same (unchanged)

Appeal Letter Template

If your flexible working request is refused, use this template for your appeal.

Subject: Appeal Against Flexible Working Refusal — [Your Name]

Dear [Manager's Name],

I am writing to appeal against your decision to refuse my flexible working request dated [Original Request Date].

You refused my request on the following ground(s): [State the ground(s) given by your employer].

I believe the refusal is not supported by sufficient evidence because:
- [Reason 1]
- [Reason 2]

I would like to discuss this appeal with you and explore whether there is a compromise arrangement that would meet both my needs and the business's needs.

Please let me know when we can arrange a meeting to discuss this, as recommended by the ACAS Code of Practice on flexible working requests.

Yours sincerely,

[Your Full Name]

Frequently Asked Questions

Can I make a flexible working request on my first day of work?

Yes. The 26-week qualifying period was removed in April 2024. You can request flexible working from the first day of your employment.

What counts as “flexible working”?

Flexible working includes part-time hours, compressed hours, flexitime (flexible start/end times), hybrid or remote work, job shares, staggered hours, annualised hours, term-time working, and any other arrangement that differs from your employer’s standard working pattern.

Can my employer refuse my request without a discussion?

From 2024, your employer must hold a discussion with you before refusing a flexible working request. If they intend to approve, they can do so without a discussion.

What happens if my employer ignores my request?

If your employer does not respond within 2 months, you can escalate the matter. The first step is a written reminder. If they still do not respond, you may be able to bring a claim to an employment tribunal.

Can I make a second request if the first is refused?

Yes. You can make up to two statutory flexible working requests per 12-month period. If your first request was refused, you can make a second request for a different arrangement or the same arrangement with different evidence.

Manage Flexible Working Requests Without the Complexity

Leave Balance helps employers track flexible working requests, manage the statutory decision timeline, and record outcomes — so nothing gets lost when employees ask to work differently.

You can take advantage of the free 14 days trial and explore Leave Balance.