Do employees have the right to request flexible working?

Yes. Employees have a statutory right to request flexible working, and since 6 April 2024 it is a day-one right — no qualifying period of service is needed.

How long do I have to respond to a flexible working request?

You must give a final decision, including any appeal, within two months of receiving the request, unless you and the employee agree a longer period in writing. Use our deadline calculator to work out the exact date.

How many flexible working requests can an employee make?

Up to two statutory requests in any 12-month period.

Can I refuse a flexible working request?

Yes, but only for one or more of the eight statutory business reasons, and you should consult the employee first. You should explain the reason for the decision.

Do I have to consult the employee before refusing?

Yes — before refusing, you should consult the employee to discuss the request and consider possible alternatives, in line with the statutory procedure and the Acas Code.

Is an approved flexible working change permanent?

Usually yes — an agreed request is normally a permanent change to the employee's contract, unless you agree otherwise or agree a trial period.

Can an employee appeal if I refuse?

There's no separate statutory appeal stage, but offering an appeal is good practice under the Acas Code, and any appeal must still fit within the overall two-month decision period (unless extended by agreement).

What's the difference between flexible working and a reasonable adjustment?

A flexible working request is a general statutory right for any employee. A reasonable adjustment is a stronger, separate duty owed to a disabled employee under the Equality Act 2010 — if a change is needed because of a disability, treat it as a reasonable adjustment, not just a flexible working request.

Can refusing flexible working be discrimination?

It can. Even where the flexible working procedure is followed, a refusal that puts a group sharing a protected characteristic at a disadvantage (for example indirect sex discrimination in relation to childcare) can be challenged under the Equality Act 2010 (see British Airways plc v Starmer). Consider this before refusing.

England & WalesProcess pack

Flexible Working Process Pack (England & Wales)

A statutory flexible working request follows a specific sequence: your request, the employer's acknowledgement, and the employer's outcome decision — with a statutory 2-month deadline in between. Each document below is a faithful, diff-verified reproduction of the corresponding ACAS flexible working letter templates. Read the step-by-step guide for how these fit together.

Document sequence

1
Flexible Working Request Letter (Employee to Employer) — England & WalesDiff-verified against the ACAS source
2
Flexible Working Request Acknowledgement Letter (Employer to Employee) — England & WalesDiff-verified against the ACAS source
3
Flexible Working Request Outcome Letter (Employer to Employee) — England & WalesDiff-verified against the ACAS source

This information is a general guide for employers in England & Wales. It is not legal advice, and it applies to England & Wales only — the law differs in Scotland and Northern Ireland. Laws change over time — always verify the current position before relying on this information. For advice on your specific situation, consult a qualified professional.

Overview

Flexible working is a change to when, where or how an employee works — for example part-time hours, hybrid or home working, compressed hours, or flexitime. Since 6 April 2024, the right to make a statutory flexible working request is a day-one right for employees (no qualifying period), and employers must follow a fair process set out in law and the Acas Code of Practice on requests for flexible working. The Flexible Working Process Pack (England & Wales) gives employers the documents to handle a request correctly — acknowledging it, arranging a consultation, and giving the decision (or dealing with an appeal) — within the legal time limit.

When to use this pack

An employee has made (or is about to make) a statutory flexible working request.
You want to handle it fairly, in line with the Acas Code, and within the two-month time limit.
You need the letters to acknowledge the request, invite the employee to a consultation, and confirm the outcome or an appeal.

When NOT to use this pack (read this first)

You (the employer) are proposing to change someone's working arrangements — that is a contract variation, not an employee's statutory flexible working request, and needs a different approach.
The request is really a disability-related adjustment. A disabled employee asking to change how they work may trigger the duty to make reasonable adjustments under the Equality Act 2010 — a stronger, separate duty. Use the Reasonable Adjustments Process Pack and take advice; don't treat it as an ordinary flexible working request.
The arrangement is a purely informal, temporary agreement both sides are happy with and neither wants to treat as a formal statutory request.

The process this pack covers

1
Receive the statutory request
It should be in writing, dated, and state that it is a statutory flexible working request and the change the employee wants.
2
Deal with it reasonably and consult the employee
Discuss the request and explore alternatives before making a decision.
3
Decide within two months of receiving the request
Including any appeal, unless you agree a longer period in writing.
4
Only refuse for one of the eight statutory business reasons
(below), and explain the decision.
5
Confirm the outcome in writing
If agreed, it is normally a permanent change to the contract, unless you agree otherwise or a trial period.
6
Offer an appeal
Good practice under the Acas Code.

Key figures

Day-one right: Since 6 April 2024, employees can make a statutory flexible working request from their first day — no minimum service is required.
Two requests a year: An employee can make up to two statutory requests in any 12-month period.
Two-month decision deadline: You must give your decision, including any appeal, within two months of receiving the request, unless an extension is agreed in writing.
The eight statutory business reasons for refusal (ERA 1996, s.80G): You may only refuse for one or more of: the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; and planned structural changes.
Consult before deciding: Before refusing a statutory request, employers should consult with the employee to discuss the request and consider possible alternatives, in line with the statutory procedure and the Acas Code.
Note on future reform: Under the Employment Rights Act 2025, a new "reasonableness" requirement for refusing a request has been legislated but is not yet in force. This pack follows the current in-force law and supports evidence-based, well-documented decisions in line with best practice.

Frequently asked questions

Do employees have the right to request flexible working?: Yes. Employees have a statutory right to request flexible working, and since 6 April 2024 it is a day-one right — no qualifying period of service is needed.
How long do I have to respond to a flexible working request?: You must give a final decision, including any appeal, within two months of receiving the request, unless you and the employee agree a longer period in writing. Use our deadline calculator to work out the exact date.
How many flexible working requests can an employee make?: Up to two statutory requests in any 12-month period.
Can I refuse a flexible working request?: Yes, but only for one or more of the eight statutory business reasons, and you should consult the employee first. You should explain the reason for the decision.
Do I have to consult the employee before refusing?: Yes — before refusing, you should consult the employee to discuss the request and consider possible alternatives, in line with the statutory procedure and the Acas Code.
Is an approved flexible working change permanent?: Usually yes — an agreed request is normally a permanent change to the employee's contract, unless you agree otherwise or agree a trial period.
Can an employee appeal if I refuse?: There's no separate statutory appeal stage, but offering an appeal is good practice under the Acas Code, and any appeal must still fit within the overall two-month decision period (unless extended by agreement).
What's the difference between flexible working and a reasonable adjustment?: A flexible working request is a general statutory right for any employee. A reasonable adjustment is a stronger, separate duty owed to a disabled employee under the Equality Act 2010 — if a change is needed because of a disability, treat it as a reasonable adjustment, not just a flexible working request.
Can refusing flexible working be discrimination?: It can. Even where the flexible working procedure is followed, a refusal that puts a group sharing a protected characteristic at a disadvantage (for example indirect sex discrimination in relation to childcare) can be challenged under the Equality Act 2010 (see British Airways plc v Starmer). Consider this before refusing.

Legislation & regulations

Employment Rights Act 1996, Part 8A (ss. 80F–80I) — the right to request flexible working
Flexible Working Regulations 2014, and the Flexible Working (Amendment) Regulations 2023 (day-one right from 6 April 2024)
Employment Relations (Flexible Working) Act 2023, two requests a year; two-month decision; duty to consult
Acas Code of Practice on requests for flexible working (2024)
Equality Act 2010, s.19 (indirect discrimination) and the reasonable adjustments duty

Case law

British Airways plc v Starmer [2005] IRLR 862 — Refusing reduced hours and indirect sex discrimination
Commotion Ltd v Rutty [2006] IRLR 171 — A tribunal can examine the factual basis of a refusal

Regulator / official guidance

This information is for informational purposes only and does not constitute legal advice. For advice on a specific situation, consult a qualified adviser or Acas (acas.org.uk).