Skip to main content

Insight article

January 5, 2026

Flexible working requests: A guide for employers and employees

This guide explains the statutory process for flexible working requests, outlines employer obligations and shares best practices to help navigate requests effectively.  

people working on laptops

Flexible working is now a central feature of the employment landscape. When managed well, it benefits both employers and employees, supporting operational efficiency, employee engagement and evolving workplace norms.  This guide explains the statutory process for flexible working requests, outlines employer obligations and shares best practices to help navigate requests effectively.  

What is a statutory flexible working request?

A statutory flexible working request is a formal application by an employee to change their contractual terms relating to when, where, or how much they work.  Common examples include adjusting working hours, or start/finish times, working remotely or adopting hybrid arrangements and job-sharing or compressed hours.  ACAS guidance explains that the aim is to balance business needs with employee circumstances.  

From 6 April 2024, all employees can make a statutory request from day one of their employment. There is no longer a required minimum period of service before they can make a request, and they can now make up to two such requests in any 12-month period. 

Dealing with a statutory request 

Employees wishing to make a statutory request should meet the requirements to ensure the request is valid and correctly processed. Employers must deal with statutory requests in a “reasonable manner” in accordance with the Employment Rights Act 1996 and the updated ACAS Code of Practice.

1. Review the request

Ensure the request has been validly made.  Acknowledge the request and assess the feasibility, ensuring a response within two months, unless an extension is agreed in writing.

2. Consultation and decision

If the employer intends to refuse the request, the law now requires them to consult with the employee first.  This discussion should explore alternatives and demonstrate fair consideration.  

The decision must be communicated clearly, and the acceptance or refusal must be confirmed in writing. If accepted, update the employment contract within 28 days.  If refused, it is vital to state the business reasons(s) and inform the employee of any appeal process.  

3. Permitted business reasons for refusal

An employer may only refuse a statutory request based on one or more of the eight permitted business grounds outlined in legislation and the ACAS Code. These include:

  • The burden of additional costs;
  • The inability to reorganise work amongst existing staff;
  • The inability to recruit additional staff;
  • A detrimental impact on quality or performance;
  • A detrimental effect on the employer’s ability to meet customer demand;
  • Insufficient work for the periods proposed;
  • Planned structural changes to the business.

When refusing, the employer should clearly state the business reason(s) in writing and inform the employee of their right to appeal (if an internal appeal process exists). The employer must demonstrate that the request has been properly considered and so it is important to document the reasoning carefully.  Employment tribunals will consider whether the ACAS Code was followed. 

Informal (non-statutory) requests

Even if the employee is not eligible to make a statutory request (for example, because they are not classified as an “employee” under employment law), they can still request flexible working informally. In such cases, the employer is not strictly obliged to follow the statutory procedure or to give business-justified reasons, but good practice suggests that they should give proper consideration.

Rights and protections for employees

  • Employees have the right from their first day of employment to make a statutory flexible working request. 
  • An employer must not subject the employee to a detriment or dismiss them because they have made (or proposed to make) a statutory request. 
  • Where a request relates to a disability or caring responsibility, this may trigger employer obligations under the Equality Act 2010

Why flexible working matters

Beyond compliance, flexible working offers strategic benefits to employers which will include improved recruitment and retention, enhanced employee engagement, greater inclusivity, and a better work-life balance for staff. 

For employees, having the opportunity to work flexibly can reduce commuting time, support caring responsibilities, improve well-being, and enable a better balance between work and other life commitments. The key is for the arrangement to be workable for both parties.

Practical tips for employers

  • Ensure you have a clear and accessible flexible working policy and procedure, even though informal arrangements are allowed.
  • Respond to statutory requests within two months or agree to any extension with the employee in writing.
  • If you plan to refuse, conduct a consultation meeting with the employee before reaching a decision.
  • If rejecting a request, clearly outline the business reason(s) in writing and inform the employee of any internal appeal process.
  • Record the decision, update contracts if applicable, and communicate clearly whether an arrangement is accepted (in full or in part) or refused.
  • Follow the ACAS Code of Practice in spirit – tribunals may consider whether the employer adhered to the Code.

Reaching the Right Balance

The statutory right to request flexible working is now more accessible than ever. Employees can make a request from day one, may submit up to two requests a year, but can only have one active request at a time. Employers must act reasonably and promptly, consult with the employee before refusing, and provide genuine business reasons if they reject the request. By approaching flexible working requests constructively and collaboratively, both employers and employees can reach agreements that promote productivity, flexibility, and well-being. For more detailed guidance, check out the ACAS Code of Practice on requests for flexible working and the official government guidance on requesting flexible working.

About the author

Karen Cole is a Partner and Head of the Employment team at RIAA Barker Gillette. She has a range of expertise based on her employment law, dispute resolution, and litigation background. Karen provides employment law advice to businesses and individuals, whether contentious or not. She is a member of the Employment Lawyers Association (ELA) and the Association of Regulatory and Disciplinary Lawyers (ARDL).

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Pay transparency in recruitment: Is your business ready to disclose salaries?
    Employers may eventually have to provide salary information much earlier in the recruitment process under proposals being considered by the Government.


    Read more
  • Pension inheritance tax changes will increase executors’ responsibilities from April 2027
    From 6 April 2027, most unused pension funds and pension death benefits will be included within the scope of Inheritance Tax. We explain what the changes mean for executors, why estate administration may become more complex and how careful planning c


    Read more
  • What is company record keeping and why is it important?
    Accurate company record keeping is essential for meeting legal obligations, protecting directors and shareholders, supporting business decisions and reducing risk. This guide explains which records companies should maintain, why they matter and the c


    Read more
  • Buying a commercial unit: what you need to know
    Buying a commercial unit can be a valuable step for your business, but it comes with legal, tax, planning and property risks. Brinda Granthrai explains what buyers should consider before committing.


    Read more
  • Pension and inheritance tax changes from April 2027: why now is the time to review your will and estate plan
    From 6 April 2027, most unused pension funds and pension death benefits are expected to be included in a person’s estate for inheritance tax purposes. This article explains what the changes could mean for families, pension nominations, wills, chari


    Read more

What they say...

  • Client, July 2026
    Constructive and empathetic “I contacted Pippa Marshall at RIAA Barker Gillette through a recommendation regarding a family law matter. Pippa was always clear, efficient, empathetic and helpful, offering constructive insights on my situation. I

  • Dino, July 2026
    A lucky professional meeting! “We had an excellent professional experience to recommend to all those who need legal help in the UK.”

  • Client, July 2026
    10-star service from Patrice Lawrence “I cannot encompass in words how brilliant a service and support I have received since working with Patrice. Effective efficiency, exceptional excellence. All this and more. I am grateful that Patrice manag

  • Dino, July 2026
    Unexpected and very valid professional experience “Law firm to be recommended also to non-residents in the UK”

  • Client, July 2026
    Seamless experience “My recent experience with RIAA Barker Gillette was exceptional. They provided considered care, attention to detail, and I felt supported every step of the journey. This was my first time working with a solicitor, and I was

Read more
Send this to a friend