What is Flexible Working?

Flexible working is an arrangement that changes when, where or how much you work.

It can take many different forms, including:

• Part-time working
• Flexible start and finish times
• Home working
• Hybrid working
• Job sharing
• Compressed hours
• Term-time working
• Shift working
• Staggered hours
• Reduced working days
• Annualised hours

Flexible working does not necessarily mean working fewer hours. For example, an employee working compressed hours might work their normal weekly hours over fewer days.

Do You Have a Legal Right to Flexible Working?

Employees have a statutory right to request flexible working.

This is not the same as an absolute right to receive the exact working arrangement requested.

However, an employer must:

• Consider the request reasonably
• Consult you before refusing it
• Accept it unless there is a genuine statutory business reason for refusing it
• Reach a final decision within the statutory period

The Acas Code states that employers must agree to a statutory request unless there is a genuine business reason not to.

Who Can Make a Statutory Flexible Working Request?

The statutory right applies to employees.

Since 6 April 2024, it has been a day-one employment right.

This means you do not need a minimum period of service before making a request.

You also do not need to:

• Be a parent
• Have childcare responsibilities
• Care for an adult
• Give a particular personal reason for wanting flexibility

The statutory right is available from the first day of employment.

Do Workers and Agency Workers Have the Same Statutory Right?

Not necessarily.

The statutory flexible working regime is based on employee status.

Someone who is genuinely:

• An agency worker
• A casual worker
• A worker without employee status
• Self-employed

may not have the statutory right to make a flexible working request under this particular regime.

However, other contractual rights or discrimination protections may still apply depending on the circumstances.

What Can You Ask to Change?

A statutory flexible working request can seek changes relating to your:

• Working hours
• Start time
• Finish time
• Working days
• Number of days worked
• Place of work

For example, you might ask to:

• Reduce from five days to four
• Start and finish earlier
• Work from home on certain days
• Work compressed hours
• Job share
• Move to term-time working
• Change your shift pattern

The precise arrangement will depend on your role and the needs of the organisation.

How Do You Make a Statutory Flexible Working Request?

The request must be in writing.

This can normally be done by letter or email.

Your request should include:

• The date of the request
• A statement that it is a statutory flexible working request
• The change you want to your hours, times or place of work
• The date you would like the change to begin
• Whether you have made a previous statutory request
• The date of any previous request

Acas confirms that these are the current statutory requirements.

Do You Have to Explain How Your Request Will Affect the Business?

No.

This was a requirement under the old flexible working rules, but it was removed from 6 April 2024.

You no longer have to state:

• What effect you think your request will have on the employer
• How you think that effect could be dealt with

You may still choose to explain why you think the arrangement could work, particularly if doing so strengthens your proposal, but it is not a statutory requirement.

Do You Have to Explain Why You Want Flexible Working?

No.

You do not generally have to demonstrate that your personal circumstances are more deserving than those of another employee.

You might voluntarily explain your reasons if they are relevant, for example where the request relates to:

• Childcare
• Caring responsibilities
• Health
• Disability
• Travel
• Study
• Religious observance
• Work-life balance

However, the statutory right is not restricted to employees with particular caring responsibilities.

How Many Flexible Working Requests Can You Make?

You can make up to two statutory flexible working requests in any 12-month period.

You can generally have only one live statutory request at a time.

A request normally remains live until:

• Your employer reaches a decision
• You withdraw the request
• You and your employer agree an outcome
• The statutory decision period ends

An appeal forms part of the same live request.

Can You Make an Informal Request as Well?

Yes.

The statutory procedure does not prevent you and your employer from discussing working arrangements informally.

For example, you could agree:

• A temporary change
• An informal home-working arrangement
• A short-term change to hours
• A trial arrangement
• Another form of flexibility

An informal agreement will not necessarily count as one of your two statutory requests.

However, you should make sure that both sides understand whether the arrangement is:

• Temporary
• Permanent
• Contractual
• Non-contractual
• Subject to review

Can You Request Flexible Working for a Temporary Period?

Yes.

A request does not necessarily have to seek a permanent arrangement.

For example, you might ask for temporary flexibility because of:

• Bereavement
• Temporary caring responsibilities
• Medical treatment
• A course of study
• Short-term family circumstances
• A temporary travel problem

If both sides agree that the arrangement is temporary, the agreement should clearly state:

• When it begins
• When it ends
• What happens afterwards
• Whether your previous working pattern automatically resumes

This avoids uncertainty about whether the contractual change was intended to be permanent.

What Must Your Employer Do After Receiving Your Request?

Your employer must handle the request in a reasonable manner.

Unless it accepts your request in full, it must consult you before making its decision.

The employer should normally consider:

• How the arrangement would affect you
• How it would affect the business
• Potential benefits
• Potential difficulties
• Whether modifications could make the request workable
• Whether another flexible arrangement could achieve a similar outcome
• Whether a trial period could help

Acas specifically recommends approaching the discussion with an open mind and exploring alternatives where the original proposal cannot be accepted.

Does Your Employer Have to Meet With You?

If your request is accepted in full, there is no legal requirement for a consultation meeting.

If the employer is considering refusing the request, it must consult you first.

The discussion can potentially take place:

• In person
• By video meeting
• By telephone where appropriate

The meeting should allow a genuine discussion rather than simply communicating a decision that has already been made.

How Quickly Must Your Employer Make a Decision?

Your employer must make and communicate the final decision within two months of receiving the statutory request.

This period includes any appeal.

You and your employer can agree to extend the two-month period.

Any agreed extension should preferably be confirmed in writing.

What Business Reasons Can an Employer Use to Refuse Flexible Working?

An employer can reject a statutory flexible working request only for one or more of the eight permitted business reasons.

These are:

• Burden of additional costs
• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Detrimental effect on ability to meet customer demand
• Insufficient work during the periods you propose to work
• Planned structural changes to the business

The employer should identify the genuine business reason applying to your particular request rather than simply repeating statutory wording without explanation.

Can Your Employer Refuse Simply Because It Does Not Like Flexible Working?

No.

An employer cannot lawfully refuse a statutory request simply because management:

• Prefers everyone in the office
• Dislikes part-time arrangements
• Has never allowed flexible working before
• Believes flexibility is generally inconvenient

There should be a genuine statutory business reason relating to the actual circumstances.

Employers are expected to consider each request on its own facts.

Does Your Employer Have to Offer an Alternative?

There is not necessarily a statutory obligation to grant a different arrangement if the original request cannot work.

However, Acas good practice strongly encourages employers and employees to discuss alternatives.

Possible alternatives might include:

• Different home-working days
• Slightly different hours
• A different part-time pattern
• A temporary arrangement
• A trial period
• Job sharing
• Compressed hours
• A later implementation date

Exploring alternatives can be particularly important when only part of the original request creates a genuine business problem.

Can a Trial Period Be Agreed?

Yes.

A trial period can be useful where neither the employer nor employee is certain whether the proposed arrangement will work in practice.

For example, the parties could agree to test:

• Home working
• Compressed hours
• Reduced days
• Changed shifts
• Different start and finish times

The agreement should ideally state:

• How long the trial will last
• How performance will be assessed
• What will happen if it works
• What will happen if it does not work
• Whether the original contractual terms remain available afterwards

Do You Have a Right to Be Accompanied?

There is no statutory right to be accompanied at a flexible working consultation meeting.

However, the Acas Code says allowing a reasonable request to be accompanied is good practice.

A companion might be:

• A fellow worker
• A trade union representative
• A trade union official

Your employer's own flexible working policy may provide additional rights.

What Happens if Your Employer Approves Your Request?

Where a statutory flexible working request is agreed, the employer should confirm the change.

If the arrangement changes your contractual terms, your employment contract should be updated accordingly.

The written confirmation should ideally identify:

• Your new working hours
• Your working days
• Your place of work
• The date the arrangement starts
• Whether the change is permanent or temporary
• Any other affected contractual terms

GOV.UK confirms that where a request is agreed, the employer must change the relevant terms and conditions of the employee's contract.

Is an Approved Flexible Working Arrangement Permanent?

Usually, a statutory change to contractual working arrangements will become permanent unless otherwise agreed.

This means you should not assume that you can automatically return to your previous:

• Hours
• Working days
• Workplace
• Shift pattern

If you want the arrangement to be temporary or subject to review, this should be agreed before the change begins.

Can You Withdraw Your Flexible Working Request?

Yes.

You should normally tell your employer in writing if you want to withdraw the request.

An employer may also be able to treat a request as withdrawn if you fail without good reason to attend:

• A scheduled meeting
• A rearranged meeting

The employer should tell you if it is treating the request as withdrawn.

Does Your Employer Have to Give You an Appeal?

There is no statutory right to an appeal against rejection of a flexible working request.

However, the Acas Code recommends an appeal as good practice.

Where possible, the appeal should be handled impartially and preferably by someone who was not involved in the original decision.

An appeal can be particularly useful where:

• Important facts were misunderstood
• New information has become available
• The employer did not properly consult you
• You believe an alternative arrangement was overlooked
• The employer relied on inaccurate information

Acas advises employers to offer employees the opportunity to appeal.

Can You Challenge a Rejected Flexible Working Request?

Potentially.

A rejection is not automatically unlawful merely because you disagree with the employer's business judgement.

However, an Employment Tribunal claim may potentially arise where the employer:

• Failed to deal with the request reasonably
• Failed to consult before refusing
• Failed to decide the request within the statutory period
• Relied on a reason that is not one of the permitted statutory reasons
• Reached its decision using incorrect facts
• Subjected you to a detriment because you made the request
• Dismissed you because you exercised flexible working rights

Separate discrimination claims may also arise.

What Compensation Can Be Awarded for Breaching Flexible Working Rights?

Where a statutory flexible working claim succeeds, an Employment Tribunal can potentially order the employer to reconsider the request and award compensation.

The maximum award under the statutory flexible working regime is generally eight weeks' pay, subject to the statutory cap on a week's pay.

As at 2026, the applicable weekly cap is £719, giving a maximum statutory flexible working award of £5,752.

This is separate from any compensation that might arise under discrimination law, where different remedies and potentially uncapped compensation can apply.

Can You Be Dismissed for Making a Flexible Working Request?

You have statutory protection against dismissal or detriment because you:

• Made a statutory flexible working request
• Proposed to make a request
• Brought proceedings relating to the right
• Alleged that your flexible working rights had been breached

A dismissal for exercising statutory flexible working rights can potentially be automatically unfair.

The ordinary qualifying period for an unfair dismissal claim does not apply where the dismissal is automatically unfair for a protected statutory reason.

Can Refusing Flexible Working Amount to Sex Discrimination?

Potentially.

A flexible working refusal can sometimes give rise to indirect sex discrimination.

For example, an employer may require all employees in a role to work:

• Full time
• Particular hours
• Late shifts
• Every day from the workplace

A requirement that appears neutral may place women at a particular disadvantage compared with men because women may still, as a group, bear greater childcare responsibilities.

If the requirement places the particular employee at that disadvantage, the employer may need to objectively justify it as a proportionate means of achieving a legitimate aim.

For further information, see Sex Discrimination.

Can a Man Bring a Sex Discrimination Claim Following a Refusal?

Yes.

Flexible working discrimination law is not limited to women.

For example, direct sex discrimination could potentially arise where:

• A woman's childcare-related request would have been approved
• An equivalent request from a man is rejected because the employer assumes childcare is primarily a woman's responsibility

Acas gives a similar example in its current guidance.

Can a Flexible Working Request Be a Reasonable Adjustment?

Yes.

Where you are disabled and the requested change would remove or reduce a disadvantage caused by your disability, the employer may have a separate duty under the Equality Act 2010 to make reasonable adjustments.

This is important because the reasonable-adjustment duty is separate from the statutory flexible working regime.

A request might involve:

• Home working
• Changed working hours
• Reduced travel
• Later start times
• Additional breaks
• Different shift patterns

An employer cannot simply reject a disability-related request under one of the flexible working business grounds and assume that this also satisfies its separate reasonable-adjustment obligations.

For further guidance, see Reasonable Adjustments and Disability Discrimination.

Do You Have a Special Right to Flexible Working After Maternity Leave?

There is no separate automatic right to have a flexible working request approved simply because you are returning from maternity leave.

However, you have the same day-one statutory right to request flexible working as other employees.

A refusal may also require careful consideration under sex discrimination law.

For example, a rigid full-time requirement could potentially create an indirect disadvantage for women with childcare responsibilities.

For further information, see Maternity Rights.

Can Parents or Carers Be Given Automatic Priority?

Employers should not normally rank flexible working requests according to who appears to have the most deserving personal reason.

Acas currently advises employers to:

• Consider requests in the order received
• Apply the same procedure
• Assess each request individually
• Avoid prioritising requests merely because of personal circumstances

An important exception is where a request is connected with a disability-related reasonable adjustment, because separate Equality Act obligations apply.

How Should Employers Deal With Competing Requests?

Competing requests can arise where an employer cannot accommodate every employee's preferred working arrangement.

The employer should:

• Consider each request fairly
• Deal with requests in the order received
• Discuss alternatives
• Explore compromises
• Avoid unlawful discrimination
• Consider whether a trial arrangement could help

For example, if two employees both request Fridays off but only one absence can be accommodated, the employer should discuss alternatives with each person.

Current Acas guidance says that where no compromise can be agreed, requests should generally be considered in the order in which they were received.

Does Flexible Working Affect Pay and Benefits?

Potentially.

Some arrangements, particularly reduced-hours working, may affect:

• Salary
• Bonus
• Pension contributions
• Holiday entitlement
• Other benefits

For example, moving from full-time to part-time work will commonly result in salary being reduced proportionately.

The employer should make clear which contractual terms will change before the arrangement begins.

What Are Some Advantages of Flexible Working?

Possible benefits for employees can include:

• Better work-life balance
• Reduced commuting time
• Reduced travel costs
• Greater ability to manage caring responsibilities
• Improved wellbeing
• Greater access to employment
• More control over working patterns

Possible benefits for employers can include:

• Improved recruitment
• Better employee retention
• Higher employee engagement
• Access to a wider talent pool
• Reduced absence
• Potential productivity improvements
• Better use of office space
• Extended business coverage

The benefit of a particular arrangement will depend on the organisation and the role.

What Challenges Can Flexible Working Create?

Flexible working can also create operational challenges.

These can include:

• Scheduling difficulties
• Reduced availability at particular times
• Difficulties meeting customer demand
• Communication problems
• Team coordination issues
• Technology requirements
• Management challenges
• Workplace resentment where requests are handled inconsistently
• Health and safety considerations for remote workers
• Information security concerns

These challenges do not automatically justify rejecting a request.

The employer should consider whether they can reasonably be addressed.

Does Your Employer Still Have Health and Safety Responsibilities if You Work From Home?

Yes.

Working from home does not remove an employer's general health and safety responsibilities.

Depending on the circumstances, employers may need to consider issues such as:

• Workstation setup
• Display screen equipment
• Working environment
• Stress
• Working hours
• Communication
• Lone working
• Equipment
• Information security

Employees should also cooperate with reasonable health and safety arrangements.

Are Flexible Working Rights Changing Again?

Yes.

The Employment Rights Act 2025 provides for further reform of flexible working law.

The Government intends to introduce a new reasonableness test in 2027.

Under the planned framework, where an employer refuses a request it will need not only to rely on one of the existing eight statutory business reasons but also explain why refusing the particular request is reasonable.

As at 8 September 2026, this new test is not yet in force.

The Government consulted during 2026 on how the new regime should operate.

What Are the Time Limits for Bringing a Flexible Working Claim?

Employment Tribunal deadlines are strict.

As at 8 September 2026, most claims specifically concerning breach of the statutory flexible working procedure generally need to be started within three months minus one day of the relevant decision or procedural failure, subject to the precise statutory rules.

Before bringing most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

From 1 October 2026, the general limitation period for most Employment Tribunal claims will increase to six months minus one day where the applicable limitation period begins on or after that date.

Separate discrimination claims may have their own limitation issues.

An internal appeal or grievance should not be assumed to extend the Tribunal deadline.

What Should You Do if Your Request is Refused?

If your employer refuses the request, useful steps can include:

• Read the stated business reasons carefully
• Check whether the employer consulted you first
• Ask for clarification where the explanation is unclear
• Consider whether the facts relied upon are correct
• Suggest an alternative arrangement
• Consider proposing a trial period
• Use any available appeal procedure
• Raise a grievance where appropriate
• Consider whether discrimination is involved
• Check the Employment Tribunal deadline

Where the request relates to disability, you should also consider whether a separate reasonable-adjustment duty applies.

When Should You Seek Professional Advice?

Advice may be particularly useful where:

• Your employer refused the request without consultation
• No genuine statutory business reason has been given
• The employer relied on incorrect facts
• Your request relates to childcare
• Your request relates to a disability
• You believe another employee was treated differently
• You have been subjected to detriment after making a request
• Your employment has been threatened
• You have been dismissed
• You believe discrimination is involved
• A Tribunal deadline may be approaching

The statutory flexible working right is a right to have a request properly considered rather than an automatic entitlement to a particular arrangement, but employers must still follow the correct procedure and comply with wider discrimination and employment law.