GuideHQ

How do I make a flexible working request?

A day-one statutory right for employees to ask for a change to hours, times or place of work. Two requests a year, a two-month decision deadline, and the eight business reasons an employer can rely on to refuse.

Difficulty
beginner
Time
12 min
Read
5 min

Short answer

Every employee in England, Wales and Scotland can make a statutory flexible working request from their first day, twice in any twelve months. Write it down, say it is a statutory request, and state the change and its start date. The employer must consult you before refusing and must decide, including any appeal, within two months, and can only refuse for one of eight business reasons. Northern Ireland differs.

The statutory process is not the only route — many changes are agreed informally in a conversation — but it is the one with a deadline attached and a written answer at the end, and it is worth using when an informal ask has not worked. The two things that decide the outcome are how well the request anticipates the employer's objection, and whether you asked early enough for the two-month clock to run before you need the change.

Step by step

  1. Check you are an employee.The statutory right is for employees, from the first day of employment in England, Wales and Scotland. Workers and the self-employed do not have it, though they can still ask.
  2. Count your requests.Two statutory requests in any twelve-month period, and you cannot make a second while the first is still being decided. Use them deliberately rather than firing off a speculative one.
  3. Write it properly.State that it is a statutory request for flexible working, the change you are asking for, and the date you would like it to start. You no longer have to explain the effect on the employer or how it might be dealt with — that requirement was removed in 2024.
  4. Anticipate the objection anyway.You are not required to address the business impact, but requests that do are agreed far more often. Say how the work will be covered, how you will handle meetings and handovers, and offer a trial period.
  5. Ask for a trial.A three-month trial with a review is much easier for a manager to agree than a permanent change, and in practice it is how most contested requests are resolved.
  6. Expect to be consulted before any refusal.Since April 2024 the employer must consult you before turning a request down. A refusal that arrives with no discussion is a procedural failure worth pointing out.
  7. Hold them to the two-month deadline.The decision, including any appeal, must be made within two months of the request unless you agree to extend it. Diarise the date and ask for an update as it approaches.
  8. Know the eight business reasons.Extra costs; an inability to reorganise work among existing staff; an inability to recruit additional staff; a detrimental effect on quality; a detrimental effect on performance; a detrimental impact on ability to meet customer demand; insufficient work during the periods you propose to work; and planned structural changes. A refusal has to rest on one of them.
  9. Understand what a change means for your contract.An accepted statutory request is normally a permanent change to your contract, not a temporary arrangement, including any reduction in pay that goes with reduced hours. Say clearly if you want it to be temporary.
  10. Consider the discrimination angle separately.Refusing a request from someone with childcare responsibilities, or from a disabled employee where the change would be a reasonable adjustment, can raise a discrimination question in its own right. That is a different and often stronger route than the flexible working rules.

Tips

  • Offer a defined trial period with a review date. It is the single most effective thing you can put in a request.
  • Ask for the decision in writing with the business reason named. A vague refusal is much harder to challenge than a specific one.
  • If the change is connected to a disability, say so — it may be a reasonable adjustment, which is a stronger legal route than the flexible working process.

Common mistakes

  • Making the request four weeks before you need the change — The employer has two months to decide including an appeal, so a late request cannot produce an answer in time however reasonable it is.
  • Treating an agreed change as temporary — A statutory request granted is normally a permanent contract variation. If you want a trial or a temporary change, say so in the request.

If it doesn't work

The request was refused with no meeting

Cause: The employer must consult before refusing — Fix: Point to the consultation requirement in writing, ask for the meeting, and ask which of the eight business reasons is relied on. Raise a grievance if it is not remedied.

You have had no answer and two months have nearly passed

Cause: The request has been lost or deprioritised — Fix: Write, referencing the date of the request and the two-month statutory deadline, and ask for a decision by a stated date. Copy in HR.

You are told you must wait a year of service

Cause: They are applying the pre-2024 rule, or the Northern Ireland rule — Fix: In England, Wales and Scotland it has been a day-one right since April 2024. Send them the GOV.UK page. In Northern Ireland the 26-week rule genuinely still applies.

Questions people ask

Can my employer just say no?

Only for one of the eight statutory business reasons, and only after consulting you. They do not have to prove the reason to a high standard under the flexible working rules themselves — which is why a discrimination argument, where one exists, often carries more weight.

Is there an appeal?

There is no statutory right of appeal, but Acas's guidance says employers should offer one and most do. Any appeal must fit inside the same two-month window.

What if they miss the two-month deadline?

You can complain to an employment tribunal, but the remedies are limited — an order to reconsider and a modest compensation award. Raise it as a grievance first and involve Acas.

Is the position changing?

Legislation has been passed that will require a refusal to be reasonable and require the employer to explain why. The necessary regulations have not been made and the change is not in force. Check GOV.UK and Acas for the current position before relying on it.

What about Northern Ireland?

Northern Ireland still requires 26 weeks' continuous service, allows one application in twelve months, and runs the older statutory procedure with set meeting and appeal timescales. Use nidirect rather than GOV.UK.

Sources

  • GOV.UK — Flexible working
  • Employment Rights Act 1996 Part 8A and the Employment Relations (Flexible Working) Act 2023
  • Acas — Code of Practice on requests for flexible working
  • nidirect — Flexible working (Northern Ireland)