How does the right to request flexible working work in the UK?

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The right to request flexible working was significantly strengthened by reforms effective from April 2024, giving employees more opportunities to request changes to their working pattern and requiring employers to engage with requests more quickly and thoroughly. **Now a day-one right** Before April 2024, employees needed 26 weeks of continuous service before they could make a statutory flexible working request -- this qualifying period has been removed entirely, meaning any employee can make a request from their very first day of employment. **What counts as "flexible working"** A flexible working request can cover a wide range of changes, including working from home or another location, changing start and finish times, compressed hours, job sharing, term-time-only working, or reducing hours -- the request isn't limited to any specific type of change, provided it relates to the employee's hours, times, or place of work. **Two requests per year, not just one** Employees can now make up to two statutory flexible working requests within any 12-month period, an increase from the previous limit of one request per year -- this gives more flexibility for circumstances to change and be addressed through a fresh request within the same year. **Faster employer response time** Employers must now respond to a flexible working request within two months (reduced from three months previously), including any appeal process, unless a longer period is agreed between the employer and employee -- this is intended to reduce the amount of time an employee might otherwise be left waiting for a decision that affects their working arrangements. **Mandatory consultation before refusal** A key change is that employers must now consult with the employee before rejecting a flexible working request -- simply refusing without any discussion is no longer considered good practice under the statutory framework (backed by an Acas Code of Practice), and failing to consult can be taken into account if the employee brings an employment tribunal claim relating to how the request was handled. **No longer need to explain the impact -- but employers still need a valid business reason** Employees are no longer required to explain in their written request what effect they think the change would have on the employer's business (a requirement that existed previously) -- this simplifies making a request, though the employer still retains the ability to refuse based on genuine business grounds. **The eight statutory grounds for refusal** An employer can only refuse a flexible working request by citing one or more of eight specific business reasons set out in law: the burden of additional costs, an inability to reorganise work among existing staff, an inability to recruit additional staff, a detrimental impact on quality, a detrimental impact on performance, a detrimental impact on the ability to meet customer demand, insufficient work available during the proposed working times, and a planned structural change to the business. An employer citing a reason outside this list, or citing one of these grounds without genuine justification, risks a successful tribunal claim. **This remains a "right to request", not an automatic right to receive** Despite the strengthened process, the underlying right remains a right to have a request properly considered, not an automatic entitlement to have every request granted -- an employer can still lawfully refuse a request if a genuine business reason from the statutory list applies and the process (timely response, consultation, and appeal where offered) has been followed correctly. **Remedies if a request is mishandled** If an employer fails to follow the correct process, doesn't genuinely consider the request, unreasonably delays a decision, or bases a refusal on incorrect facts, the employee can potentially bring an employment tribunal claim, which can result in compensation (capped at a specified number of weeks' pay) and an order for the employer to reconsider the request -- though tribunals generally can't force an employer to actually grant a specific flexible working arrangement. **Practical tip** When making a request, be clear and specific about exactly what working pattern you want and, although no longer legally required, briefly explaining how you believe it could work in practice for the business can strengthen your case and make it easier for the employer to agree, particularly if you can proactively address likely concerns the employer might raise under one of the eight statutory grounds.

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