Flexible Working Requests: A Guide for Employers and Employees

Flexible working has become a key part of the employment landscape. Both employers and employees benefit when work arrangements accommodate personal commitments, operational requirements, and evolving workplace norms. This article details the statutory process for flexible working requests in the UK, outlines what both parties need to do, and highlights best practices to ensure success.

What is a statutory flexible working request?

A statutory flexible working request is a formal application by an employee to alter their contract concerning when, where, or how much they work (for example, changing hours, times, or the location of work). According to ACAS guidance, flexible working encompasses arrangements such as part-time work, working from home, job-sharing, compressed hours, or hybrid working.

From 6 April 2024, all employees can make a statutory request from their first day of work. There is no longer a required minimum period of service before they can make a request.

Employees may now make up to two such requests in any 12-month period.

How to make a statutory request

Employees wishing to make a statutory request should meet the requirements to ensure the request is valid and correctly processed. The following steps outline what both employees (and employers) need to understand.

1. Submit a formal written request

The employee must submit the request in writing (by email or letter). It should be clearly titled as a “statutory request for flexible working.”

2. Include key information

The request should contain at least the following:

• The date of the request.
• A clear statement of the change you are seeking (for example, change in hours, start/finish times or place of work).
• The date on which you would like the requested change to take effect.
• If you have submitted a previous statutory flexible working request to this employer, the date of that request.

3. Check eligibility

Since April 2024, the right has been available from the first day of employment. You may only submit one live request at a time (i.e., you cannot submit a second before the first has been addressed), and you are limited to two requests in a 12-month period.

4. Suggested good practice

While not strictly necessary, it is advisable for an employee to:

• State the reason why the change is being requested (for example, family commitments, health or commuting issues).
• Consider and outline the impact of the change on your role and the employer and suggest how any disruption could be managed. Even though you are no longer legally required to specify the business impact, doing so may support your case.
• Submit the request with reasonable notice to ensure proper consideration.

Employer’s process for dealing with a request

1. Review the request

Once a statutory request is received, the employer must handle it in a “reasonable manner” in accordance with the Employment Rights Act 1996 and the updated ACAS Code of Practice.

2. Consultation and decision

If the employer intends to refuse the request, the law now requires them to consult with the employee before making a decision.

The employer must notify the employee of the decision – whether to accept, reject (with reasons) or propose an alternative arrangement. The decision period is within two months of the request date (unless both parties agree to extend).

If the request is accepted, the employer should send written confirmation, set the start date of the new arrangement, and update the employment contract with the new terms within 28 days of the agreement.

3. Valid business reasons for refusal

An employer may only refuse a statutory request based on one or more of the eight permitted business grounds outlined in legislation and the ACAS Code. These include:

• The burden of additional costs
• The inability to reorganise work amongst existing staff
• The inability to recruit additional staff
• A detrimental impact on quality or performance
• A detrimental effect on the employer’s ability to meet customer demand
• Insufficient work for the periods proposed
• Planned structural changes to the business.

When refusing, the employer should clearly state the business reason(s) in writing and inform the employee of their right to appeal (if an internal appeal process exists). The employer must demonstrate that the request has been properly considered — employment tribunals will consider whether the ACAS Code was followed.

Informal (non-statutory) requests

Even if the employee is not eligible to make a statutory request (for example, because they are not classified as an “employee” under employment law), they can still request flexible working informally. In such cases, the employer is not strictly obliged to follow the statutory procedure or to give business-justified reasons, but good practice suggests that they should give proper consideration.

Rights and protections for employees

• Employees have the right from their first day of employment to make a statutory flexible working request.
• An employer must not subject the employee to a detriment or dismiss them because they have made (or proposed to make) a statutory request.
• Where a request relates to a disability or caring responsibility, the employer’s obligations under the Equality Act 2010 may also apply.

Why flexible working matters

From an employer’s perspective, being receptive to flexible working can bring a variety of advantages: improved recruitment and retention, increased employee engagement, greater inclusivity, and a better work-life balance for staff.

For employees, having the opportunity to work flexibly can reduce commuting time, support caring responsibilities, improve well-being, and enable a better balance between work and other life commitments. The key is for the arrangement to be workable for both parties.

Practical tips for employers and employees

For employees:

• Submit your request early and include all necessary details (date, change sought, start date, previous requests).
• Consider how you frame the request so that it demonstrates awareness of business needs (even though you are not strictly required to include the business impact).
• Keep a record of the request and any responses.
• Get ready for a meeting where your employer might want to discuss the request.
• If the request is refused, review the reason provided and whether it complies with the permitted business grounds. Consider whether you have grounds for an appeal or further discussion.

For employers:

• Ensure you have a clear and accessible flexible working policy and procedure, even though informal arrangements are allowed.
• Respond to statutory requests within two months or agree to any extension with the employee in writing.
• If you plan to refuse, conduct a consultation meeting with the employee before reaching a decision.
• If rejecting a request, clearly outline the business reason(s) in writing and inform the employee of any internal appeal process.
• Record the decision, update contracts if applicable, and communicate clearly whether an arrangement is accepted (in full or in part) or refused.
• Follow the ACAS Code of Practice in spirit – tribunals may consider whether the employer adhered to the Code.

Reaching the Right Balance

The statutory right to request flexible working is now more accessible than ever, thanks to the changes introduced in April 2024. Employees can make a request from day one, may submit up to two requests a year, but can only have one active request at a time. Employers must act reasonably and promptly, consult with the employee before refusing, and provide genuine business reasons if they reject the request.

By approaching flexible working requests constructively and collaboratively, both employers and employees can reach agreements that promote productivity, flexibility, and well-being. For more detailed guidance, check out the ACAS Code of Practice on requests for flexible working and the official government guidance on requesting flexible working.