Flexible Working Requests: Your Rights and How to Make One

What changed in Great Britain

Since 6 April 2024, employees in England, Scotland and Wales can make a statutory flexible working request from the first day of employment. They can make up to two requests in any 12 months, but only one may be live at a time. The employer must decide, including any appeal, within two months unless both parties agree to extend. This is a right to request, not an unconditional right to a chosen pattern. Northern Ireland has different rules: the statutory right generally requires 26 weeks' continuous service and allows one request in 12 months; check current nidirect guidance.

Flexible working might involve part-time or compressed hours, staggered start times, term-time working, job sharing, homeworking or a hybrid arrangement. An informal agreement can also be explored.

Make a valid request

In Great Britain, write to your employer stating that this is a statutory flexible working request. Include the date, the change to hours, times or place of work, when you want it to begin, and whether and when you have made a previous statutory request to this employer. You are no longer legally required to explain the effect on the employer or how to address it, though practical suggestions can help. Be specific, offer evidence that the arrangement could work and consider a trial period. An accepted change normally changes your contractual terms unless otherwise agreed.

How an employer decides

The employer must handle a statutory request reasonably and consult you before rejecting it, not necessarily before accepting it. Refusal must rely on at least one of eight statutory business grounds: additional costs; inability to reorganise work; inability to recruit staff; detrimental effect on customer demand, quality or performance; insufficient work in proposed periods; or planned structural changes. Acas recommends discussing alternatives and communicating reasons. An employer must also avoid unlawful discrimination; disability-related requests may raise separate reasonable-adjustment duties.

If refused, ask for the explanation, use any appeal process and seek advice promptly if you think the procedure or discrimination law was breached. A tribunal cannot ordinarily order your preferred working pattern simply because you requested it. Time limits are short; check them before waiting for a grievance. Free resources: https://myredundancyrights.co.uk/action-plan

Official sources