Flexible Working Rights UK 2024: How to Request and What Employers Can Refuse

From 6 April 2024, flexible working became a day-one right for virtually every employee in Britain. The previous requirement to work 26 weeks before making a request was abolished entirely. Whether you have been in a job for one day or ten years, you now have a statutory right to request flexible working from your first shift.

This guide explains what changed under the Employment Relations (Flexible Working) Act 2023 (which came into force April 2024), how to make a request that stands up, what the 8 statutory grounds for refusal actually mean in practice, and what you can do if your employer refuses you — including the Employment Tribunal route. It also covers the link between flexible working and disability reasonable adjustments, which operates under separate and stronger rules.

What Changed on 6 April 2024

The Employment Relations (Flexible Working) Act 2023 delivered the most significant overhaul of the flexible working framework since 2003:

The duty to consult before refusing was a significant addition. Previously, an employer could refuse without any meaningful discussion. Now, if they are minded to refuse, they must hold a consultation meeting (or equivalent) with the employee before confirming the decision.

What Is Flexible Working?

Flexible working under the statutory scheme covers changes to:

• Hours: part-time, compressed hours (e.g., full-time hours over 4 days), annualised hours
• Times: different start/finish times, term-time only, shift swaps
• Location: working from home, a different office, a hub location
• Job-sharing: two people sharing one role
• Any combination of the above

It does not cover pay rises, role changes, or additional responsibilities — those fall under separate employment law.

How to Make a Formal Flexible Working Request

The Legal Requirements

A statutory flexible working request must be in writing (email is acceptable) and must include:

1. A statement that it is an application under the statutory right to request flexible working
2. The date of the application
3. The change to working conditions you are requesting
4. When you want the change to take effect
5. An explanation of the effect you think the change will have on your employer, and how you think that effect might be dealt with

That last point matters more than people realise. Simply saying "I want to work from home on Fridays" is weaker than "I want to work from home on Fridays; I believe this can be accommodated because my role is primarily screen-based with no client-facing duties on that day, and I will be reachable by phone and Teams throughout working hours."

You do not need to explain your personal reasons for the request — the legislation does not require this, and you are entitled to keep personal circumstances private. However, if your request is connected to a disability, pregnancy, or other protected characteristic, note this separately as it may engage additional rights (see below).

Template Request Structure

Here is an outline you can adapt:

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Dear [Manager / HR],

I am writing to make a formal request for flexible working in accordance with the Employment Relations (Flexible Working) Act 2023.

Date of request: [date]

I am requesting the following change to my working arrangements: [Describe clearly: e.g., "To work from home on Mondays and Fridays, attending the office Tuesday to Thursday. My hours would remain 9am–5pm, 37.5 hours per week."]

I would like this change to take effect from: [date, giving at least 4 weeks' notice]

I believe the following effects may result from this change: [e.g., "My presence at in-person meetings on Mondays and Fridays would not be possible. I would ensure I attend all key team meetings on Tuesday–Thursday and remain available via phone and Microsoft Teams at all times during working hours."]

How I suggest these effects could be managed: [e.g., "I would coordinate with my line manager to ensure important meetings are scheduled on office days."]

Signed: [your name]

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Keep a copy with the date you sent it. Your employer's 2-month clock starts from receipt.

Employer's Obligations After Receiving a Request

Once a statutory flexible working request is received:

1. Within 2 months (including any appeal): the employer must either accept the request, offer a compromise, or refuse it — with a reason drawn from the 8 statutory grounds.
2. Before refusing: the employer must hold a consultation meeting or equivalent to discuss the request. This can be in-person, by phone, or by video call. If you request a companion (a colleague or trade union representative), you have a right to bring one.
3. In writing: any refusal must be in writing and must state which of the 8 grounds apply.

The Acas Code of Practice on Flexible Working (updated for the 2024 changes) provides guidance to employers and is taken into account by Employment Tribunals. An employer who does not follow the Code does not automatically lose a case, but Tribunals can increase an award by up to 25% for unreasonable departure from it.

The 8 Statutory Grounds for Refusal

Employers can only refuse a flexible working request on one or more of these 8 grounds:

1. Burden of additional costs — The change would impose a cost (equipment, restructuring, additional staffing) disproportionate to the business.

2. Detrimental effect on ability to meet customer demand — The business cannot serve customers effectively if you are not working your original pattern.

3. Inability to reorganise work among existing staff — No existing colleague can cover the tasks that would be unperformed under your requested arrangement.

4. Inability to recruit additional staff — The business cannot hire someone to cover the gap, whether due to cost, availability of skills, or other practical reasons.

5. Detrimental impact on quality — The work would be performed to a lower standard if the change were made.

6. Detrimental impact on performance — Business performance (sales, output, targets) would be reduced.

7. Insufficiency of work during the periods proposed — For example, you want to work only during periods when there is not enough work.

8. Planned structural changes — The business is planning a restructure that makes the proposed arrangement impractical.

What the Grounds Mean in Practice

The employer does not need to prove the impact would occur — they need to have a genuine and reasonable belief that it would. Tribunals have historically been reluctant to second-guess operational decisions as long as the stated ground is plausible and connected to the request.

Where employers tend to lose at Tribunal:

• Refusing with a vague or mislabelled ground (e.g., stating "additional costs" when the real concern is management preference)
• Refusing without any consultation
• Treating comparable employees differently without explanation
• Refusing a request without any consideration of alternatives or compromise

A blanket "we don't do remote working" policy does not automatically satisfy the grounds — the employer must apply it to the specific request and specific role.

Your Right to Appeal

If your flexible working request is refused, you have the right to appeal the decision. There is no statutory requirement for an appeal process (unlike dismissal), but the Acas Code of Practice recommends employers provide one, and many employer policies include a contractual right to appeal.

• Request the appeal in writing within whatever timeframe your employer's policy specifies (commonly 14 days).
• State the specific grounds of your appeal — for example, that the employer did not consult you properly, or that the stated ground does not genuinely apply to your role.

Employment Tribunal: When and How

If an employer fails to comply with the statutory process — not responding within 2 months, refusing for a reason not listed in the 8 grounds, failing to consult — you can bring an Employment Tribunal claim.

Time limit: 3 months less one day from the date of the decision or failure. Before lodging a claim, you must first notify Acas via Early Conciliation — this pauses the time limit.

Remedies available: The Tribunal can order the employer to reconsider the application and can award compensation of up to 8 weeks' pay (capped at the statutory weekly pay cap, currently £643 per week in 2026 — maximum award £5,144) for procedural failures.

Note: the Tribunal cannot order an employer to grant the flexible working arrangement. It can only order reconsideration and award compensation for the procedural failure.

Protected Characteristics: Stronger Than Flexible Working

Flexible working rights under the 2023 Act are one route — but if your request is connected to a protected characteristic under the Equality Act 2010 (disability, pregnancy, sex, religion, age, etc.), you may have additional and stronger rights.

Disability Reasonable Adjustments

If you have a disability (broadly defined under the Equality Act as a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities), your employer has a separate and stronger duty to make reasonable adjustments. This duty can require the employer to adjust your working hours, location, or pattern — even if it would be refused under the flexible working grounds.

Unlike the 8 statutory grounds (which are defences for refusal), reasonable adjustments are a positive obligation. The employer must show that an adjustment is genuinely unreasonable — a higher bar than simply citing operational impact.

If you believe your flexible working need arises from a disability, make a formal reasonable adjustments request under the Equality Act alongside or instead of a flexible working request. These are separate processes and should be addressed separately.

Indirect Discrimination

Refusing flexible working can constitute indirect sex discrimination where a working practice (e.g., mandatory full-time office attendance) puts women at a particular disadvantage compared to men, and the employer cannot justify it as a proportionate means of achieving a legitimate aim. Employment Tribunal claims for indirect discrimination carry uncapped compensation — a much stronger remedy than the 8-week cap for procedural flexible working failures.

Practical Examples: Common Flexible Working Arrangements

Compressed hours: Working 37.5 hours over 4 days rather than 5. You work the same total hours — the request is simply about when. This is often easier for employers to accept. Key argument: productivity and output are unchanged.

Part-time: Reducing from 5 to 4 days (or fewer). This involves an element of reduced working — and usually reduced pay. Employers are entitled to consider workload and coverage. If transitioning to part-time affects your take-home pay, use our take-home pay calculator to model the net impact at the reduced hours.

Remote / hybrid: One or more days working from home per week. Post-pandemic, this is the most common flexible working request. Employers who approved this arrangement informally during 2020–2022 may find it harder to refuse under the 8 grounds if no genuine detrimental impact has materialised.

Job-share: Two people sharing one full-time role, splitting hours and responsibilities. Complex to arrange but viable in many administrative or professional roles. A refusal on "inability to reorganise" is harder to sustain if you present a concrete job-share partner and proposed division of responsibilities.

Term-time only: Working only during school terms, with unpaid leave in school holidays. Common in education-adjacent sectors. Employers in other sectors often refuse this, but the reasons must be stated and genuine.

Tips for Negotiating Hybrid Work Informally

Not every flexible working arrangement needs to be a formal statutory request. Before invoking the statutory process:

1. Raise it informally with your manager first. In many workplaces, a reasonable manager will accommodate a simple request without formal process — especially if you have been reliable and your role permits it.
2. Propose a trial period. "Can we try this for 3 months and review?" reduces perceived risk for the employer.
3. Address the concerns before they are raised. Show you have thought about client coverage, team communication, and output measurement.
4. Document informal agreements. If your manager agrees to hybrid informally, confirm it in writing by email ("As discussed, I'll work from home on Mondays from [date]..."). This creates a record and makes it harder to retract without discussion.

If informal discussions fail and you want to invoke your legal right, submit the formal written request. The employer's obligations then become statutory, not discretionary.

Key Takeaways

• From 6 April 2024, all employees have a day-one right to request flexible working, up to twice per year; employers must respond within 2 months and must consult before refusing.
• Employers can only refuse on one of 8 statutory grounds; any refusal must be in writing citing the specific ground(s).
• A refusal without consultation is a procedural failure — you can claim at Employment Tribunal within 3 months, with compensation up to 8 weeks' pay.
• Disability-related flexible working needs engage the stronger Equality Act reasonable adjustments duty, which is separate from the statutory flexible working scheme.
• Indirect sex discrimination is an uncapped-compensation claim — if mandatory full-time office attendance disproportionately disadvantages women and cannot be justified, this is a stronger route than the flexible working process.