Flexible Working Request: Definition & Statutory Process

A flexible working request is a formal application by an employee to change their working pattern — including hours, times, or location — which employers must handle through a statutory process. Since April 2024, all employees in the UK have a day-one right to request flexible working, removing the previous 26-week qualifying period. This change affected every employer in the country and made understanding the statutory process essential.

This article explains what a flexible working request is, the UK statutory process you must follow, and how to manage requests effectively without disrupting your business.

Key Takeaways

• Since April 2024, all UK employees have the right to request flexible working from day one of employment — no qualifying period required.
• Employers must handle requests in a reasonable manner and respond within two months.
• You can only refuse a request on one of eight statutory business grounds.
• Employees can make two statutory requests per 12-month period.
• Failure to follow the statutory process may result in an Employment Tribunal claim for compensation of up to two weeks’ pay.

What Is a Flexible Working Request?

A flexible working request is a formal application to change an employee’s terms and conditions of employment related to:

• Hours — reducing or increasing weekly hours, shifting to part-time, or moving to compressed hours.
• Times — changing start and finish times, or working split shifts.
• Location — working from home, a hybrid arrangement, or relocating to a different office.
• Pattern — job sharing, term-time working, or annualized hours.

The right to request flexible working is governed by the Employment Rights Act 1996 (as amended) and the Flexible Working Regulations 2023. The process is codified in the ACAS Code of Practice on Handling Requests to Work Flexibly, which Employment Tribunals must consider when deciding claims.

The UK Statutory Process

The statutory process follows a clear sequence. Failing to follow it — even if you ultimately refuse a request — can result in a Tribunal finding against you.

Step 1: Employee Makes a Request

The employee submits a written request specifying:

• The change they want (e.g. “I would like to work from home three days per week”).
• The date they would like the change to take effect.
• How the change would affect the business and how any adverse effects could be addressed.

Since April 2024, employees are no longer required to explain the effect of their proposed change on the employer. The request simply needs to be clear about what the employee wants.

Step 2: Employer Considers the Request

You must handle the request in a reasonable manner. ACAS recommends:

• Meeting with the employee to discuss the request (the employee can be accompanied by a trade union representative or colleague).
• Considering the impact on the business, team, and other employees.
• Exploring alternatives if the exact request cannot be accommodated.

Step 3: Employer Issues a Decision

You must respond within two months of receiving the request. The response must be in writing and either:

• Agree to the request (in full or in part), or
• Refuse the request, stating one or more of the eight statutory business grounds and explaining why.

Step 4: Appeal (if refused)

If you refuse the request, the employee has the right to appeal. You must consider the appeal and respond within a reasonable timeframe.

The Eight Statutory Grounds for Refusal

You can only refuse a flexible working request on one of eight specific grounds:

Ground	What It Means
1. Additional costs	The proposal would result in unacceptable additional costs
2. Detrimental effect on ability to meet customer demand	The change would harm your capacity to serve customers
3. Inability to reorganise work among existing staff	You cannot restructure work or redistribute workload
4. Inability to recruit additional staff	The role cannot be filled with the proposed arrangement
5. Detrimental impact on quality	Performance or quality of output would suffer
6. Detrimental impact on performance	The employee’s or team’s performance would decline
7. Insufficiency of work during proposed hours	There is not enough work to cover the requested hours
8. Planned structural changes	The change conflicts with planned organisational changes

You must show evidence for the ground you rely on. Vague assertions — “it would be difficult” — are unlikely to withstand Tribunal scrutiny.

What Changed in April 2024

The Employment Relations (Flexible Working) Act 2023 and the Flexible Working Regulations 2023 introduced several key changes:

Before April 2024	From April 2024
26-week qualifying period	Day-one right — no qualifying period
One request per year	Two requests per 12-month period
Employee must explain business impact	Employee does not need to explain impact
Three-month response window	Two-month response window
Limited grounds for refusal	Same eight grounds, but employer must explain more thoroughly

These changes mean you need a robust process from the moment someone joins your organisation. A casual approach to flexible working carries legal risk.

Managing Requests Effectively

Beyond the statutory minimum, practical steps to manage flexible working well:

1. Build a clear policy. Define how requests are submitted, what information you need, who considers them, and your response timelines. A written policy reduces disputes.
2. Track requests. Use a leave management system to log flexible working requests alongside other HR workflows. This gives you an audit trail if a claim is made.
3. Explore alternatives. If the exact request cannot be accommodated, discuss a compromise — different hours, a trial period, or a phased introduction.
4. Train your managers. Line managers are usually the first point of contact for flexible working requests. They need to understand the statutory process and avoid informal rejections.
5. Document everything. Keep a record of the request, your consideration, any meetings, the decision, and the reasons. Tribunals place weight on contemporaneous documentation.

Frequently Asked Questions

How many flexible working requests can an employee make per year?

Since April 2024, employees can make up to two statutory flexible working requests in any 12-month period. If you refuse a request, the employee must wait until the next request becomes available unless they withdraw the original request.

Can I refuse a flexible working request because it would set a precedent?

No. Setting a precedent is not one of the eight statutory grounds for refusal. You must base your decision on one or more of the specific grounds — additional costs, customer demand, inability to reorganise work, recruitment difficulty, impact on quality or performance, insufficient work, or planned structural changes.

Do I have to agree to a trial period?

There is no statutory requirement to offer a trial period, but ACAS recommends it as good practice. A trial period lets both parties test the arrangement before committing permanently, reducing the risk of a dispute if it does not work.

What happens if I do not respond within two months?

Failing to respond within two months is a breach of the statutory process. The employee can bring a Tribunal claim, and you may be ordered to pay compensation of up to two weeks’ pay. The Tribunal will also consider whether you handled the request reasonably throughout.

Can an employee appeal a refused request?

Yes. The employee has the right to appeal your decision. You should set out your appeal process in your flexible working policy. The appeal must be considered by someone not involved in the original decision, and you should respond within a reasonable timeframe — typically two to four weeks.

This article is general information, not legal advice. Consult the ACAS Code of Practice or an employment solicitor for guidance specific to your situation.