Flexible Working Requests UK 2026: Updated Employer Guide

Flexible working has moved from a perk to an expectation — and the law has followed. Since the Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024, every employee has the right to request flexible working from their first day of employment. Employers who fail to follow the statutory process, or who refuse requests without adequate justification, face tribunal claims for compensation.

This guide explains the updated legal framework, walks through the statutory process step by step, and provides practical advice on managing flexible working requests fairly and consistently.

What changed in April 2024

The Employment Relations (Flexible Working) Act 2023 made several significant changes to the existing framework:

What counts as flexible working

A flexible working request can cover any change to the terms and conditions of employment relating to hours of work, times of work, or place of work. Common requests include working from home (fully or partially), compressed hours (full-time hours over fewer days), part-time working, flexitime (flexible start and finish times), annualised hours, staggered hours, term-time working, and job sharing.

The request must relate to the employee's own contract. It is a permanent change to terms and conditions unless the request specifies a temporary arrangement.

The statutory process

Step 1: Receiving the request

A valid statutory flexible working request must be in writing, state the date of the application, specify the change to working conditions being requested, state the date the employee would like the change to take effect, and state whether this is the employee's first or second request in the current 12-month period.

The request does not need to follow a particular template, but it must be clear enough for you to understand what is being asked. If a request is ambiguous, ask the employee to clarify before starting the formal process.

Step 2: Consider the request

You must deal with the request in a reasonable manner. This means considering the request genuinely, without pre-judging the outcome. Look at the impact on the business, consider whether the arrangement could work on a trial basis, and think about any modifications to the request that might make it workable.

Step 3: Consult with the employee

This is the key new requirement. Before refusing a request, you must consult with the employee. This means holding a meeting (in person or remotely) to discuss the request, the reasons you are considering refusing, and any alternative arrangements that could meet the employee's needs.

The consultation is not a box-ticking exercise. You must genuinely engage with the employee's proposal and explore whether any compromise is possible. A refusal without prior consultation is a breach of the statutory procedure.

Step 4: Make your decision

You must notify the employee of your decision within 2 months of receiving the request (unless you agree a longer period with the employee). The notification must be in writing and must either approve the request (specifying the start date and new terms) or refuse the request, stating which of the statutory grounds for refusal apply and explaining why those grounds apply in this case.

Grounds for refusal

You can only refuse a flexible working request based on one or more of the eight statutory grounds. You cannot invent additional reasons.

Making refusal decisions defensible

A bare statement that "it would be detrimental to performance" is not sufficient. You must explain specifically why the ground applies to this request, for this role, in your business. The more specific and evidence-based your explanation, the stronger your position if the decision is challenged.

Handling multiple or competing requests

With employees now able to make two requests per year, and flexible working being a day-one right, you may receive more requests than before — and some may conflict with each other.

There is no statutory guidance on prioritising competing requests. Recommended approaches include considering requests in the order received, assessing each request on its individual merits, looking for creative solutions that accommodate multiple requests (for example, different employees working from home on different days), and being transparent about the process with all affected employees.

Do not refuse one request simply because you have already approved another for a different employee in a similar role. Each request must be considered on its merits. However, you can take the cumulative impact on the team into account when assessing whether a particular ground for refusal applies.

The appeal process

The legislation does not require a formal appeal process, but ACAS recommends offering one — and doing so demonstrates good practice. If you do offer an appeal, the appeal should be heard by a different, more senior manager where possible, the employee should be given a reasonable time to submit their appeal in writing, and the appeal decision should be communicated in writing with reasons.

If you do not offer an appeal, the employee's remedy is to bring a claim to an employment tribunal.

Tribunal claims

An employee can bring a tribunal claim if you fail to deal with the request in a reasonable manner, refuse the request based on incorrect facts, refuse the request on grounds other than the eight statutory grounds, fail to notify the employee of the decision within 2 months, or fail to consult before refusing.

The maximum compensation for a breach of the flexible working provisions is 8 weeks' pay (subject to the statutory cap on a week's pay, currently £700 for 2025/26). However, if the refusal also constitutes indirect sex discrimination, compensation is uncapped and can include an award for injury to feelings.

Additionally, dismissing an employee or subjecting them to a detriment for making a flexible working request is automatically unfair and unlawful. This is a day-one right with no qualifying service period.

Practical implementation

Create a clear policy

Your flexible working policy should explain who can make a request (everyone — it is a day-one right), how to submit a request, the timeline for decisions, the consultation process, the grounds on which requests may be refused, and any appeal process.

Distribute the policy to all employees and ensure managers understand the process. A manager who informally refuses a request without following the statutory procedure creates liability for the business.

Train your managers

Line managers are typically the first point of contact for flexible working requests. They need to understand that they must not refuse requests informally or discourage employees from making formal requests, that every request must be considered on its merits, that consultation is mandatory before any refusal, and that the decision must be made within 2 months.

Consider the contractual implications

If you approve a flexible working request, it constitutes a permanent change to the employee's terms and conditions. Issue a written variation to the employment contract confirming the new arrangements. This protects both sides by making the new terms clear and enforceable.

If the change affects pay (for example, moving from full-time to part-time), recalculate the salary pro-rata and update the payroll accordingly. Use our Payroll Tax Calculator to model the impact on tax and NI.

Impact on other entitlements

A change in working hours or pattern may affect annual leave entitlement (pro-rated for part-time — see our annual leave management guide), pension contributions (recalculated based on new earnings), statutory pay calculations (SMP, SSP, etc. based on new average earnings), and holiday entitlement calculations for bank holidays.

Frequently asked questions

Next steps

Key takeaways

Flexible working is now a day-one right with a shorter decision timeline and a mandatory consultation requirement. Every employer needs an updated policy, trained managers who understand the statutory process, and a willingness to genuinely consider each request on its merits. The eight statutory grounds for refusal are your only options — use them with specific, evidence-based reasoning. And remember that refusing requests can trigger indirect sex discrimination claims with uncapped compensation, so always assess whether your refusal is proportionate and defensible.

Update your policy, train your managers, and approach each request as an opportunity to create a working arrangement that benefits both the employee and the business.