Flexible working requests: the day-one rules explained (Great Britain, 2026)

Since 6 April 2024, making a statutory flexible working request is a day-one right in Great Britain — employees no longer need any minimum length of service. An employee can make up to two statutory requests in any 12-month period (but only one can be "live" at a time), and the employer must consult them and give a decision within two months, unless a longer period is agreed. An employer can only refuse for one or more of eight statutory business reasons.

This guide covers Great Britain (England, Wales and Scotland). Northern Ireland has its own, different flexible working rules under separate employment legislation — including a 26-week service requirement — so if you're in Northern Ireland, check the position there separately (see the note near the end).

Work out the decision deadline with our Flexible Working Decision Deadline Calculator — (a general estimate, not legal advice) — and read on for how the rules work.

What is a flexible working request?

A flexible working request asks to change how, when or where someone works — for example changing hours, start and finish times, working from home or hybrid working, or moving to part-time or a compressed week. A statutory request is a formal request that follows the process set out in law.

The day-one right (from 6 April 2024)

Flexible working used to require 26 weeks' service. Since 6 April 2024 it is a day-one right — employees have a day-one statutory right to request flexible working (the right attaches to employee status). The employee makes the request in writing, stating that it's a statutory request, the change they want, and the date they'd like it to start.

A helpful part of the 2024 change: the employee no longer has to explain what effect the change would have on the employer, or how that effect could be dealt with. That used to be a requirement; it was removed by the Employment Relations (Flexible Working) Act 2023.

How many requests, and how long the employer has

• An employee can make up to two statutory requests in any 12-month period — but they can only have one live (open) request at a time.
• The employer must decide and communicate the outcome within two months of receiving the request — unless both sides agree a longer period in writing. Enter the request date into our deadline calculator to work out the statutory two-month deadline (assuming no agreed extension).

On appeals: there is no statutory right of appeal against a decision. Many employers offer one as good practice — and if they do, any appeal still has to fit inside the same two-month period (unless a longer period is agreed).

The employer must consult first

Since 6 April 2024, an employer cannot reject a request without first consulting the employee (unless they're accepting it in full). Consulting means genuinely discussing the request — and, where the exact request can't be accommodated, whether an alternative could work.

The eight business reasons an employer can refuse for

An employer can only turn down a statutory request for one or more of these statutory business reasons:

• 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.

What's changing (expected 2027)

Under the Employment Rights Act 2025, the flexible-working rules are due to be strengthened, with changes expected in 2027. The main intended change: where an employer refuses a request, it will not be enough to point to a statutory business reason — the employer will also have to show that refusing on that ground is reasonable, and explain in the refusal why the decision is reasonable.

Two honest caveats, as at this article's review date: the exact commencement date has not been confirmed, and the government is still developing the detailed process (a more specified consultation process, with further detail to be set out in secondary legislation) — so this is not yet settled law. The government says the reform is intended to make it more likely that reasonable requests are accepted. The current rules above still apply until the changes take effect.

How a request is handled (in brief)

The employee makes a written statutory request → the employer consults the employee → the employer decides (approve, approve with changes, or refuse for one of the eight reasons) → the outcome is communicated within two months. There's no statutory appeal, but an employer may offer one as good practice (within the same two months). Employers and employees should follow the ACAS Code of Practice — if a case reaches an Employment Tribunal, the tribunal may take the Code into account.

What to do next

• Work out the decision deadline with the Flexible Working Decision Deadline Calculator.
• Running the process properly? The Flexible Working Process Pack (designed for England & Wales) gives the request, acknowledgement and outcome letters in order. The statutory rules are the same in Scotland, but if you're in Scotland, check the pack is right for your situation before relying on it.