From day one of employment, you have the right to request flexible working in the UK. This guide explains who qualifies, how to make a formal request, and what happens if your employer refuses.
The right to request flexible working has been one of the most significant shifts in UK employment law in recent years. Since April 2024, all employees can request flexible working from day one of their employment — there is no longer any waiting period.
This guide explains what flexible working is, how to make a formal request, and what your employer can and cannot do.
Flexible working is any arrangement that differs from your standard contract. It can include:
The right to request flexible working is set out in sections 80F–80I of the Employment Rights Act 1996, significantly updated by the Employment Relations (Flexible Working) Act 2023, which came into force in April 2024.
Key changes since April 2024:
Any employee can make a flexible working request — regardless of how long they have worked for their employer, how many hours they work, or their seniority.
Workers (as opposed to employees — e.g. some agency workers and gig economy workers) do not currently have the statutory right, though this may change.
Your request must be in writing and include:
You should also state that it is a statutory flexible working request under the Employment Rights Act 1996.
Tip: Even if your employer has an informal culture, always put your request in writing. This protects your legal rights and creates a paper trail.
Once they receive your request, your employer must:
Your employer can agree to the full request, agree to a modified version (with your consent), or refuse.
Your employer can only refuse a flexible working request on one or more of eight specified business grounds:
Critically, your employer must provide the reason for refusal and explain why it applies. A vague or generic refusal is not sufficient.
The statutory process does not currently require employers to offer a formal internal appeal, but many employer policies include one. If your employer's policy offers an appeal, you should use it.
A refusal may be unlawful if:
This is where flexible working requests intersect with employment discrimination law. If a requirement to work full-time puts women (or those with caring responsibilities, or disabled people) at a particular disadvantage, and the employer cannot objectively justify it, that is indirect discrimination — and there is no cap on compensation.
The time limit for a tribunal claim is 3 months minus 1 day from the date of refusal (or the act complained of).
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