What Changed in April 2024
The Employment Relations (Flexible Working) Act 2023 came into force in April 2024 and significantly strengthened employee rights in this area. The key changes are:
Day one right. You no longer need 26 weeks of continuous service before making a request. From your very first day of employment, you have the right to request flexible working Two requests per year. You can now make up to two statutory flexible working requests in any 12-month period, up from one Faster response. Your employer must respond to your request within two months, reduced from three Mandatory consultation. Before refusing a request, your employer must now consult with you — they cannot simply reject it without a conversation These are significant changes. Millions of employees who previously had no legal standing to make a request now do.
What Flexible Working Actually Means
Flexible working is not just about working from home. A flexible working request can cover any change to your:
Hours — including part-time, reduced hours, or a compressed working week Times — including staggered start and finish times, flexi-time arrangements, or term-time only working Location — including working from home, hybrid arrangements, or working from a different office Pattern — including job sharing, annualised hours, or shift swapping arrangements You can request one change or a combination of changes. The request is yours to define — not your employer's.
The Reality Behind the Statistics
According to CIPD research, 87% of employees either work flexibly already or say they want to. Yet a significant proportion of those who want flexibility have never formally requested it — either because they did not know their rights, feared the consequences of asking, or were discouraged by a culture that treated flexibility as a favour rather than a right.
"I had been asking informally for years," said Claire, 34, a marketing manager and mother of two. "I never put it in writing because I thought they would say no and it would damage my relationship with my manager. When I finally submitted a formal request, it was approved within three weeks. I wish I had done it years earlier."
Research by Timewise consistently shows that flexible working is the second most important factor for employees when considering a job — behind only salary. Employers who refuse reasonable requests without genuine justification are increasingly losing talent they cannot afford to lose.
The Eight Reasons an Employer Can Refuse
Your employer does not have to grant your request — but they can only refuse it on one of eight specific statutory grounds set out in the Employment Rights Act 1996. Those grounds are:
The burden of additional costs A detrimental effect on the ability to meet customer demand An inability to reorganise work among existing staff An inability to recruit additional staff A detrimental impact on quality A detrimental impact on performance Insufficiency of work during the periods the employee proposes to work Planned structural changes to the business Crucially, your employer must now consult you before citing any of these grounds. A refusal without prior consultation is a breach of the statutory process — and potentially grounds for a tribunal claim.
If you believe your employer has refused your request without proper grounds, without consulting you, or in a way that amounts to discrimination — for example, because of your gender, disability, or parental status — you may have a legal claim beyond the flexible working framework itself.
How to Write a Flexible Working Request That Gets Results
The difference between a request that succeeds and one that fails is often not the nature of the request — it is how it is presented. Employers respond better to requests that show an understanding of the business and a practical solution to any concerns they might have.
Your written request must include:
The date of your request A description of the working pattern you are applying for and when you would like it to start An explanation of what effect, if any, you think the change would have on your employer and how that effect might be dealt with A statement that this is a statutory request and confirmation of whether you have made a previous request in the last 12 months Beyond the legal minimum, a strong request will also:
Acknowledge any potential operational concerns and propose solutions proactively Reference any existing evidence that the arrangement works — for example, if you have been working from home successfully for a period already Be specific about the pattern you are requesting rather than leaving details vague Remain professional and solution-focused throughout What Happens After You Submit
Your employer must:
Acknowledge the request Consult with you — this is now a legal requirement before any decision is made Provide a written decision within two months of the request date If refusing, state which of the eight statutory grounds applies and explain why If your employer fails to follow the process — including failing to consult — you can make a complaint to an Employment Tribunal. The tribunal can order the employer to reconsider the request and award up to eight weeks' pay in compensation.
Your Action Plan
Confirm you are eligible — from April 2024 this applies from day one of employment Decide what arrangement you are requesting and when you want it to start Write your request clearly, in writing, using the required legal format Download free template resources and tools at 👉 https://myredundancyrights.co.uk/action-plan Submit your request and note the date — your employer has two months to respond If your employer fails to consult you or refuses without valid grounds, raise a formal grievance immediately
Flexible working is not a favour. It is a legal right. Exercise it with confidence.