Flexible Working Rights UK: Day-One Right and How to Make a Request (2026)

April 2024 Changes

The Employment Relations (Flexible Working) Act 2023 received Royal Assent in July 2023 and came into force on 6 April 2024. It made three headline changes to the statutory flexible working regime under sections 80F–80I of the Employment Rights Act 1996:

Additionally, the Acas Code of Practice on requests for flexible working was updated in April 2024 to align with the new law. The Code is not legally binding but employment tribunals take it into account when assessing whether an employer has acted reasonably.

What Counts as Flexible Working

A flexible working request can cover any change to the employee's hours, times of work, or place of work. The most common arrangements:

• Part-time: Fewer hours per week — for example, 3 days instead of 5.
• Compressed hours: Same total weekly hours compressed into fewer days — for example, 37 hours in 4 days instead of 5.
• Job sharing: One full-time role split between two employees.
• Remote working / working from home: Some or all work done from home or another agreed location away from the employer's premises.
• Flexitime: Fixed core hours (e.g. 10am–3pm) with variable start and finish times, provided the weekly total is met.
• Annualised hours: A fixed number of annual hours distributed flexibly across the year — common in retail and healthcare.
• Staggered hours: Different start/finish times from the standard, but a fixed pattern — for example, 7am–3pm instead of 9am–5pm.
• Term-time working: Full-time during school terms, reduced hours or unpaid leave during school holidays.

You can request a combination. For example, requesting 4 days per week on compressed hours with two of those days from home is a single request. Be specific — vague requests are harder for employers to assess and more likely to be refused on operational grounds.

How to Make a Formal Request

A statutory flexible working request must be in writing. It must include:

1. A statement that it is a request under section 80F of the Employment Rights Act 1996.
2. The date of the request.
3. A description of the proposed flexible working arrangement (hours, days, location).
4. The date you want the arrangement to start.
5. A statement of whether you have made any previous statutory requests and, if so, the date of the most recent one.

Note: since April 2024, you no longer have to explain the effect the change will have on your employer or how that effect might be dealt with — this requirement was removed. However, it remains good practice to address this proactively: employers are more likely to agree when they can see the employee has thought through the operational implications.

Submit the request by email or letter — keep a copy and note the date sent. The 2-month employer response period starts on the date the request is received.

The 8 Statutory Grounds for Refusal

An employer can only refuse a flexible working request on one or more of the following eight grounds (section 80G(1)(b) Employment Rights Act 1996). A refusal on any other basis is unlawful:

1. Additional costs. The change would impose additional costs on the employer that cannot reasonably be justified given the business context.
2. Detrimental effect on ability to meet customer demand. The proposed working pattern would make it materially harder to serve customers in the way the business needs to operate.
3. Inability to reorganise work among existing staff. There is no feasible way to redistribute the employee's work across the existing workforce to accommodate the proposed arrangement.
4. Inability to recruit additional staff. The employer cannot recruit additional staff to cover the gap created by the change — for example, in a specialist role with a tight labour market.
5. Detrimental impact on quality. The proposed arrangement would reduce the quality of the work, products or services delivered by the business.
6. Detrimental impact on performance. Individual or team performance would be adversely affected by the proposed working arrangement in a way that is material to the business.
7. Insufficiency of work during the periods the employee proposes to work. There is genuinely insufficient work available during the proposed hours — for example, a request to work only outside peak business hours when most of the role requires peak-hour presence.
8. Planned structural changes. The employer is planning changes to the business structure that make the proposed arrangement incompatible with its future direction.

The employer must cite the specific ground(s) in the written refusal notice. Merely stating “business needs” without identifying the applicable ground is not sufficient. The updated Acas Code says employers should also explain, at least briefly, why the ground applies in the specific circumstances.

Acas Code of Practice

The Acas Code of Practice on requests for flexible working (updated April 2024) sets out the standard of reasonable behaviour expected of employers. While the Code is not directly enforceable, employment tribunals must take it into account when assessing whether an employer has acted reasonably — and a failure to follow the Code can result in an uplift of up to 25% to any compensation awarded.

Key Acas Code expectations:

• Respond to requests promptly and within 2 months.
• Consider requests properly — not just rubber-stamp a refusal.
• Hold a meeting with the employee to discuss the request (if needed).
• Allow the employee to be accompanied at any formal meeting by a trade union representative or workplace colleague.
• Provide a right of appeal against any refusal.
• Communicate decisions in writing with reasons.
• Offer alternative arrangements if the specific request cannot be accommodated.

Right to Appeal and Employment Tribunal

Internal appeal: The Acas Code expects employers to offer an appeal against a refusal. This is not a statutory right (unlike in disciplinary proceedings) but is standard good practice. The appeal should be heard by a different manager, ideally more senior than the person who made the original decision.

Employment Tribunal: If the internal process fails (or no internal process is offered), you can bring a complaint to an Employment Tribunal. The strict time limit is 3 months minus one dayfrom the date of the employer's final decision (or the last day of the 2-month response period if the employer has not responded). Before submitting an ET claim, you must notify ACAS via the Early Conciliation service — Acas will attempt to resolve the dispute; this process “stops the clock” on the limitation period.

What the Tribunal can award:Compensation of up to 8 weeks' pay (capped at the statutory weekly pay cap, £643 as of April 2024) for a procedural failure (e.g. not following the process). The Tribunal cannot order the employer to grant the flexible working arrangement. For the compensation to be meaningful, a discrimination claim is often more valuable.

Procedural 8-week rule:An employer who fails to reach a decision within the 2-month period is in breach of the statutory procedure and can be ordered to pay 8 weeks' pay. This is a procedural penalty only and does not automatically mean the arrangement is granted.

Disability and Reasonable Adjustments

If you have a disability (as defined by the Equality Act 2010 — a physical or mental impairment that has a substantial, long-term adverse effect on your ability to carry out normal day-to-day activities), you have rights that go beyond the statutory flexible working regime.

The duty to make reasonable adjustments(section 20 Equality Act 2010) requires employers to take reasonable steps to remove substantial disadvantage caused by a “provision, criterion or practice” that puts disabled employees at a disadvantage. Working hours, attendance requirements and office presence policies are all provisions/criteria/practices that can trigger this duty.

Key differences between reasonable adjustments and statutory flexible working:

• No qualifying period — the duty applies from day one.
• No formal request required — the duty arises automatically when the employer knows or ought to know about the disability.
• Cannot be refused on business grounds alone — the question is whether the adjustment is “reasonable”, which weighs up cost, practicability, and how much it helps the employee.
• Compensation: if a reasonable adjustment claim succeeds at Tribunal, compensation is uncapped and can include injury to feelings.

If your flexible working request relates to a disability, consider framing it as a request for a reasonable adjustment as well as a statutory flexible working request. The two claims can run in parallel.

Discrimination Risks for Employers

A flexible working refusal can trigger a discrimination claim if the refusal is connected to a protected characteristic under the Equality Act 2010. The most common scenarios:

• Indirect sex discrimination: A blanket office attendance policy that disadvantages mothers (who are disproportionately likely to have primary childcare responsibilities) can amount to indirect sex discrimination unless justified as a proportionate means of achieving a legitimate aim. The landmark case Dobson v North Cumbria Integrated Care NHS Foundation Trust[2021] established that tribunals must actively consider whether a childcare disadvantage is “obvious” rather than requiring the employee to prove it statistically.
• Disability discrimination: A refusal that forces a disabled employee to work in a way that worsens their condition, when a reasonable adjustment would remove the disadvantage, can constitute failure to make reasonable adjustments and/or indirect disability discrimination.
• Religion or belief: A request to avoid working on a religious day of rest that is refused without proper consideration may constitute indirect religious discrimination.
• Age: Blanket policies that disadvantage older workers (who may need more flexible arrangements for health or caring reasons) can trigger indirect age discrimination.

Discrimination claims are not subject to the 8-week compensation cap — awards can run to tens of thousands of pounds including injury to feelings. Employers should document all decisions carefully and consider each request on its individual merits.

Practical Tips for Employees

• Frame the request around business benefit.Explain why the arrangement works for the team, not just for you. For example: “Working compressed 4-day weeks will allow me to respond to client emails outside standard hours on the additional day, reducing turnaround time.”
• Propose a trial period.Many employers are more comfortable with “let's try it for 3 months” than a permanent change. A successful trial is usually converted to a permanent arrangement.
• Be specific.Vague requests (“some remote working”) are easier to refuse. Name the exact days, hours, and location.
• Address operational concerns proactively. Anticipate the likely objections — coverage, meetings, client contact — and offer solutions in the request itself.
• Consider hybrid arrangements. A request for 3 days remote and 2 in office is less threatening to many employers than a request for fully remote. Start with a moderate request; you can always renegotiate after a successful trial.
• Keep a paper trail. Submit by email and acknowledge receipt. Note all meeting dates, who attended, and what was said. This is crucial if the matter escalates to tribunal.
• Know your rights before the meeting. You are entitled to be accompanied by a trade union rep or workplace colleague at any formal meeting. Request this in writing.

What to Do if Refused

If your request is refused, follow these steps in order:

1. Review the refusal letter. Check which ground(s) are cited and whether the employer has explained why they apply. A refusal citing only a ground without facts is likely procedurally flawed.
2. Request an appeal. Write to HR or a more senior manager requesting a formal appeal within 5–10 days. State the specific grounds on which you believe the refusal was wrong.
3. Negotiate informally. Sometimes a modified request (different hours, a trial period, or a phased introduction) is acceptable where the original was refused. Explore this in parallel with the formal appeal.
4. Contact Acas Early Conciliation. Before going to tribunal, you must notify Acas (online at acas.org.uk). Acas will attempt to resolve the dispute. This pauses the limitation period.
5. Bring an Employment Tribunal claimwithin 3 months of the refusal (minus 1 day). Consider whether a discrimination claim (unlimited compensation) is available alongside the statutory claim (capped at 8 weeks' pay).