The changes to statutory flexible working requests introduced on 6 April 2024 made it easier for employees to request different working arrangements and placed additional responsibilities on employers.
Employees gained the right to request flexible working from their first day of employment, the number of permitted requests increased, and employers were given less time to respond.
This guide explains the rules introduced in April 2024, how employers should handle requests under the current law and the further changes expected under the Employment Rights Act 2025.
If you're seeking clarification on new regulations, need assistance in implementing compliant policies or want to limit legal risk across your employment contracts, our expert employment law solicitors are here to help.
Contents:
- Quick recap: flexible working requests before 6 April 2024
- What changed in April 2024?
- What isn't changing?
- Do these changes create a day-one right to work flexibly?
- Can we still turn down requests for flexible working?
- What does consultation involve under the current rules?
- When can employees make a second flexible working request?
- What if we can’t respond to a request within two months?
- Can we handle flexible working requests informally?
- Are there any penalties for getting things wrong?
- Further flexible working changes expected in autumn 2027
- What should employers do now?
Quick recap: flexible working requests before 6 April 2024
Before 6 April 2024, employees generally needed at least 26 weeks' continuous service to make a statutory flexible working request and could make only one request in any 12-month period.
Employees also had to explain the potential impact of their proposed arrangement on the business, and employers had up to three months to make a decision.
These requirements changed on 6 April 2024. Employees now have a statutory right to make one flexible working request within a rolling 12-month period.
A flexible working request means a request to change their hours, timing or place of work. The request needs to be in writing and employers must, within three months, either agree to the request, or refuse all or part of the request on one of eight business grounds.
If agreed, the change becomes a permanent variation to an employee’s terms and conditions of employment, although temporary changes can be agreed too.
What changed in April 2024?
| Position until 5 April 2024 | Rules introduced on 6 April 2024 |
| Only employees with 26 weeks' service can make a flexible working request. | Employees gained the right to request flexible working from their first day of employment. |
| Employees can only make one request in any 12-month period. | Employees can make two requests in any 12-month period. |
| When employees make their request for flexible working, they have to include an explanation of the impact that granting their request will have on your business. | Employees are no longer required to explain the potential impact of their request on the business. |
| You have three months to respond to a flexible working request. | Employers must reach a decision within two months, unless an extension is agreed. |
| You can refuse a request without consulting employees first. | Employers must consult employees before refusing a request. |
What isn't changing?
Other than the changes outlined above, the statutory flexible working request framework is staying the same, with updated ACAS guidance to support the new changes.
There are no changes to the following:
- General process for making flexible working requests. Employees will still need to put the request in writing and date it, describe the change they are requesting, state that it is a statutory flexible working request, give a date on which they want the change to take effect and confirm if they have made a previous request.
- The types of changes that employees can request. Employees can still only request changes to working hours, timing and place of work, although these are already very broad and would include most forms of flexible working such as part-time working, compressed hours and staggered hours.
- Ability to turn down requests. You will still be able to turn down requests on one of the eight statutory business grounds (see ‘Can we still turn down requests for flexible working?’ section below).
- Excluded categories of workers. The right to make a flexible working request will still only be available to employees. Wider categories of workers in your business such as agency workers or contractors won’t have the right to make a statutory flexible working request.
Do these changes create a day-one right to work flexibly?
The changes create a day-one right to make a flexible working request. They do not create a day one right to start working flexibly.
You will remain largely in control of the flexible working request process because you still have to consider the request, and in some circumstances, you can turn the request down or suggest alternative arrangements subject to consultation.
Can we still turn down requests for flexible working?
Yes, you can still refuse requests, provided you consult employees before doing so. Here are the grounds for refusal:
- Extra costs that will damage your business.
- The work cannot be reorganised among your other staff.
- People cannot be recruited to do the work.
- Flexible working will affect quality and performance.
- Your business won't be able to meet customer demand.
- There’s a lack of work to do during the proposed working times.
- Your business is planning changes to the workforce.
If you plan to turn down any part of a flexible working request, you will need to consult the employee before you make a decision.
What does consultation involve under the current rules?
You only need to consult employees if you plan to turn down all or part of their request. You won’t have to consult if you plan to approve the full request.
If you plan to turn down all or part of a request, consultation would involve the following:
- Appointing a decision-maker. The person holding the meeting should have sufficient authority to make a decision about the request. That could be someone from your HR team or a member of management in your business.
- Inviting the employee to a meeting. You will need to tell the employee in advance when and where the meeting will take place. The meeting has to take place without unreasonable delay, giving yourself and the employee enough time to prepare for the meeting while being mindful of the two-month timeframe for responding to the request. The meeting should take place somewhere private and you can do it in person or over video conferencing software (or over the phone if neither of these are possible).
- Holding the meeting. The meeting should be held in a way that it allows for a reasonable discussion and consideration of the employee’s request. Good practice would be to discuss the benefits of the request or the impact of accepting or rejecting the request as well as practicalities and logistics of implementing the request. If you can’t accommodate the request in full, you should discuss the possibility of modifying the request, any other flexible working options or whether a trial period could work. Whatever the outcome of the meeting, make sure you leave the meeting with a clear record of what was discussed and agreed (if anything).
- Reflecting on the meeting. Review the original request and reflect on the discussion at the meeting. Check whether the request could be linked to a protected characteristic under the Equality Act 2010 or need for reasonable adjustments to minimise the risk of grievances and claims.
Employers should make sure that managers understand their consultation obligations, keep a clear record of discussions and consider whether alternative working arrangements could address any concerns about the original request.
A consistent process will also help employers prepare for the more detailed consultation requirements expected in autumn 2027.
When can employees make a second flexible working request?
HR leaders may be concerned about having to deal with two concurrent flexible working requests from the same employee within a 12-month period.
The good news is that employees won’t be able to make a second request until the first request has ‘concluded’. A request is ‘concluded’ when:
- you have made a decision about the request or appeal
- the request or appeal have been withdrawn
- you and the employee have agreed to dispose of the request or appeal, or
- the timeframe for considering the request or appeal ends without a decision, withdrawal or agreed disposal
The 12-month period starts on the date the employee makes a first request and you will be able to include requests made before 6 April 2024 when deciding how many applications the employee has made in that period.
What if we can’t respond to a request within two months?
HR teams may be concerned about the new timeframe for responding to flexible working requests.
While you should try to respond within the new timeframe of two months, it will still be possible to extend the timeframe, but only if the other party agrees to the extension. It would be wise to agree any extension in good time before the original two-month deadline expires and get the agreement documented in writing.
There’s no legal requirement for the agreement itself to be in writing, but the ACAS guidance recommends that you confirm the extension with the employee in writing.
Can we handle flexible working requests informally?
While the flexible working request framework is a statutory scheme, you can agree to informal flexible working arrangements if you’d prefer to do so.
It’s a common way to manage temporary situations such as employee bereavements. It’s also a way to handle requests from staff who are not covered by the statutory scheme, but where there may be legal risk in denying a flexible working request (e.g. an agency worker supplied to you has a disability and requests an adjusted working pattern for a recurring medical appointment).
If agreeing requests informally, try to be consistent in how you handle requests and don’t be afraid to direct employees to the formal statutory process if that seems more appropriate.
Are there any penalties for getting things wrong?
It’s important to be aware of the types of claims employees can bring in an employment tribunal relating to their flexible working request.
Some claims relate specifically to the statutory flexible working framework, whereas others relate to general employment law rights.
If the claim relates to a procedural failure under the statutory framework (e.g. failing to make a decision within two months or not handling the request in a reasonable manner), an employment tribunal can order you to reconsider the request and / or award up to eight weeks’ compensation to the employee.
Employment tribunals can award higher levels of compensation for other types of claims. For example, employees can bring claims for unlawful detriment and automatic unfair dismissal where they have been subjected to detrimental treatment or have been dismissed for making or planning to make a flexible working request.
They can also bring discrimination related claims under the Equality Act 2010 (e.g. an employee requested adjusted working hours as a reasonable adjustment for a disability and an employer refused the request).
Employers should also be aware that the normal time limit for bringing most employment tribunal claims increased from three to six months on 1 October 2026.
Transitional rules apply where the relevant date falls before the new provisions came into force. This makes it particularly important to keep appropriate records of flexible working requests, discussions and decisions.
Further flexible working changes expected in autumn 2027
The Employment Rights Act 2025 introduces further reforms to the statutory flexible working framework, which are expected to take effect in autumn 2027.
These changes build on the rules introduced in April 2024, placing greater emphasis on how employers assess requests, explain refusals and consult employees before making a final decision.
A new reasonableness test for refusing requests
Employers will still be able to refuse flexible working requests for one or more of the existing eight statutory business reasons.
However, they will also need to demonstrate that refusing the request is reasonable in the circumstances.
This will place greater importance on the evidence supporting a decision. For example, if an employer believes a proposed working pattern would affect its ability to meet customer demand, it should be prepared to explain the anticipated impact and why alternative arrangements would not adequately address the problem.
The draft revised Acas Code of Practice encourages employers to base decisions on relevant evidence, consider workable adjustments and apply their policies consistently.
More detailed consultation requirements
Employers are already required to consult employees before refusing statutory flexible working requests. The reforms will introduce more specific requirements for that consultation.
Following the Government's consultation response in September 2026, the proposed process includes holding a meeting to discuss the original request, identifying practical difficulties and considering whether suitable alternatives can be agreed.
Employers will also be required to provide written confirmation of the consultation outcome and the final decision.
The intention is to encourage meaningful discussions before an employer reaches a decision, rather than treating consultation as a procedural formality.
What should employers do before the changes take effect?
Employers should review how flexible working requests are currently handled, particularly where they involve operational constraints or require agreement between several teams.
Flexible working policies should explain the decision-making process clearly. Managers should understand the importance of keeping accurate records, assessing requests individually and considering suitable alternatives where the original proposal can’t be accommodated.
The Government expects the reforms to take effect in autumn 2027. However, the detailed regulations and final revised Acas Code are still outstanding.
Until those requirements come into force, employers should continue to follow the existing statutory framework and the current Acas Code of Practice.
What should employers do now?
The flexible working rules introduced in April 2024 are now an established part of employment law.
Employers should already have policies and procedures that reflect the day-one right to request flexible working, the two-month decision period and the requirement to consult employees before refusing requests.
The expected autumn 2027 reforms create a further reason to review how these procedures work in practice.
Businesses should consider whether their managers have sufficient guidance to assess requests consistently, identify relevant business reasons for refusal and explain their decisions clearly.
It's also worth reviewing how flexible working requests are recorded and monitored. Keeping details of requests, consultation discussions, decisions and any agreed arrangements can help identify recurring issues and provide evidence where a decision is challenged.
Employers should revisit their procedures once the regulations and revised Acas Code are finalised, particularly in relation to the new reasonableness test and prescribed consultation requirements.
If you need support reviewing your flexible working policies or preparing for the Employment Rights Act reforms, our expert employment law solicitors can help.
