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).