Flexible working has become a cornerstone of modern employment, giving staff the ability to adjust hours, location or patterns to suit personal circumstances. Under the Employment Rights Act 1996 and subsequent amendments, eligible employees can submit a statutory request, and employers are bound by defined duties to consider it fairly.
This guide breaks down the legal framework across England and Wales, outlines the exact steps both parties must follow, and highlights common pitfalls. Whether you are an employee drafting a request or an HR manager assessing one, understanding the statutory thresholds, timelines and remedies is essential to avoid disputes and ensure compliance.
Quick Answer: In the UK any employee with at least 26 weeks’ service can make a statutory flexible working request. Employers must consider it reasonably and give a decision within three months.
Key Takeaways
- Employees with 26+ weeks’ service have a legal right to request flexible working.
- Employers must respond in writing within 3 months and give clear reasons for any refusal.
- Business needs are a valid reason to refuse, but the employer must show it is a proportionate and genuine justification.
- Unreasonable refusals can be challenged at an Employment Tribunal, potentially leading to compensation.
- Maintain thorough written records of the request, assessment, and decision to protect both parties.
What is a flexible working request and who can make one?
Quick Answer: A flexible working request is a written application by an employee to change the usual pattern of work, and any employee who meets the statutory qualifying criteria may make one.
Under the Flexible Working Regulations 2014 (made under s. 80F Employment Rights Act 1996), a request can seek changes such as altered hours, times, or place of work. The request must be in writing, state the desired change, the date it is to start, and the employee’s reasons. While the law sets a minimum qualifying period, employers may allow requests from any staff member as a matter of policy.
Which employees are legally entitled to request flexible working in the UK?
Quick Answer: Employees with at least 26 weeks of continuous service are automatically entitled, and certain groups (e.g., pregnant workers) may request at any time.
The 2014 Regulations give the right to any employee who has completed 26 weeks of continuous employment with the same employer. Pregnant employees, those on maternity or parental leave, and employees with a disability who need a reasonable adjustment may request flexible working before reaching 26 weeks. The entitlement is statutory; employers cannot contract out of it, though they may set internal policies that are more generous.
What statutory criteria must a flexible working request meet under the Employment Rights Act 1996?
Quick Answer: The request must be in writing, specify the change sought, the proposed start date, and the employee’s reasons.
Section 80F of the Employment Rights Act 1996, as implemented by the Flexible Working Regulations 2014, requires the request to be clear, dated, and signed. The employee must indicate the type of change (e.g., hours, times, location) and provide a reasonable justification, such as caring responsibilities or health needs. The request must be made to the employer’s designated person and cannot be withdrawn without consent once the employer has begun consideration.
How does the Equality Act 2010 affect flexible working requests for protected characteristics?
Quick Answer: Requests linked to a protected characteristic, especially disability, are treated as requests for reasonable adjustment and may not be refused without objective justification.
Under the Equality Act 2010, a flexible working request that relates to a disability (s. 20) or caring responsibilities (s. 27) is a form of reasonable adjustment. An employer must consider it in the same way as any other adjustment and can only refuse it if it would impose a disproportionate burden. Refusal for other protected characteristics (e.g., gender, race) may amount to indirect discrimination unless the employer can show a proportionate means of achieving a legitimate aim.
What are the employer’s legal duties when receiving a flexible working request?
Quick Answer: Employers must consider the request in a reasonable manner, consult the employee, and give a written decision within the statutory period.
The employer must acknowledge receipt, assess the business impact, and, where appropriate, consult with the employee or a representative. The duty to consider “in a reasonable manner” is judged by whether the employer has explored alternatives, gathered relevant information, and applied a consistent policy. Failure to follow these steps can lead to an unfair dismissal claim if the employee is dismissed for making a request.
What is the required timeframe for an employer to respond to a flexible working request?
Quick Answer: An employer must give a final decision within three months (approximately 90 days) of receiving the request.
Regulation 5 of the Flexible Working Regulations 2014 sets a 90‑day deadline, counted from the date the request is received. The period may be extended only if the employer and employee agree in writing, and any extension must be reasonable. If the deadline is missed, the employee may treat the refusal as automatically unfair, and the employer may be liable for compensation.
What information must an employer provide in their decision to approve or refuse a request?
Quick Answer: The employer must give a written decision stating the outcome and, if refusing, the business reasons for the refusal.
When approving, the employer should confirm the agreed change, its start date, and any trial period. If refusing, Regulation 6 requires a clear statement of the specific business reasons (e.g., impact on service delivery, cost) and, where possible, any alternative arrangements offered. The decision must be signed by the person with authority to approve flexible working and sent to the employee’s last known address.
How should an employee formally submit a flexible working request (template and content)?
Quick Answer: The request should be a dated, signed letter or email containing the employee’s details, the specific change sought, the proposed start date, and the reasons for the request.
Typical template:
- Employee name, address, and job title
- Date of request
- Specific flexible working arrangement sought (e.g., 4‑day week, remote work)
- Proposed start date and duration (if temporary)
- Reason(s) for the request (e.g., caring responsibilities, health condition)
- Signature (or electronic signature if via email)
The request should be addressed to the employer’s designated flexible‑working officer and kept for the statutory 90‑day consideration period.
What procedures apply to flexible working requests during a probationary period?
Quick Answer: Employees on probation may request flexible working only after completing 26 weeks of continuous service, unless the request is linked to a protected characteristic.
During probation, the statutory right does not arise until the employee reaches the 26‑week threshold. However, if the request is connected to a disability or caring need, the Equality Act 2010 may require the employer to treat it as a reasonable adjustment immediately. Employers may have internal policies allowing earlier requests, but they are not legally obliged to consider them under the 2014 Regulations until the qualifying period is met.
How are flexible working requests handled for pregnant employees or those on maternity leave?
Quick Answer: Pregnant employees and those on maternity leave have the same statutory right to request flexible working, and an employer must consider the request without discrimination under the Equality Act 2010.
Under the Flexible Working Regulations 2014 (as amended) any employee with 26 weeks’ continuous service may request flexible working, including pregnant workers and those on maternity leave. The Equality Act 2010 (s. 39) adds a duty to avoid less‑favourable treatment because of pregnancy or maternity. Employers must assess the request on its merits, provide a written decision within 3 months, and give clear, non‑discriminatory reasons if refusing.
Can an employer refuse a flexible working request on grounds of business needs, and what counts as a legitimate reason?
Quick Answer: Yes, an employer may refuse a request if it can demonstrate a legitimate business reason, but the reason must be specific, verifiable and proportionate.
The Regulations list eight “business grounds” (e.g., need for additional staff, cost, impact on quality, health and safety, or inability to reorganise work). The employer must show that the reason is genuine, that the request would cause a material adverse effect, and that any alternative arrangements have been considered. A blanket policy or vague “operational difficulty” will not satisfy the statutory test.
What are the employee’s rights if a flexible working request is unreasonably refused?
Quick Answer: An employee can treat an unreasonable refusal as a breach of statutory duty, giving rise to an unfair dismissal or discrimination claim.
If the employer fails to follow the statutory process or cannot substantiate a legitimate business reason, the employee may bring a claim for unlawful deduction of a statutory right under s. 57A of the Employment Rights Act 1996, or for pregnancy‑related discrimination under the Equality Act 2010. The claim must be lodged within three months of the refusal, and the employee may also seek reinstatement or compensation at an Employment Tribunal.
How can an employee appeal a refusal or raise a claim at an Employment Tribunal?
Quick Answer: The employee should first use the employer’s internal appeal procedure, then engage ACAS early conciliation before filing a tribunal claim.
Most employers have a written appeal policy; the employee must submit a written appeal within the timeframe set in that policy (often 14‑28 days). If the appeal is rejected, the employee must contact ACAS for early conciliation (mandatory before tribunal). After conciliation, a claim can be lodged with the Employment Tribunal within three months of the final refusal decision.
What remedies and compensation are available if a flexible working request is unlawfully denied?
Quick Answer: Remedies include reinstatement to the requested working pattern, re‑engagement, or compensation up to two years’ pay.
The Tribunal may order the employer to implement the requested flexible working arrangement, or to re‑engage the employee on that basis. If reinstatement is not appropriate, compensation is awarded for loss of earnings, injury to feelings (in discrimination cases), and a statutory cap of two years’ average pay applies as of 2024. The Tribunal may also award a nominal award for breach of statutory duty.
How do data protection rules (UK GDPR) impact the handling of flexible working request information?
Quick Answer: Employers must process request data lawfully, keep it confidential, and retain it only as long as necessary for the decision‑making process.
Under the UK GDPR and Data Protection Act 2018, a flexible working request is “personal data” and must be processed on a lawful basis (legitimate interests or performance of a contract). Employers must inform the employee of the purpose, limit access to HR and line managers, and delete the data once the decision is final unless needed for legal compliance. A Data Protection Impact Assessment is advisable where large‑scale processing occurs.
What documentation and evidence should both parties keep during the flexible working request process?
Quick Answer: Both employee and employer should retain written copies of the request, the employer’s response, and any supporting business analysis.
The employee should keep the original request letter/email, acknowledgment of receipt, and any follow‑up correspondence. The employer must keep the request, a record of the assessment (including cost‑benefit analysis, staffing impact, and any alternative proposals), and the written decision with reasons. These documents are essential evidence if a tribunal dispute arises.
What common mistakes do employers make when assessing flexible working requests?
Quick Answer: Typical errors include using generic policies, failing to give specific business reasons, and not documenting the decision‑making process.
- Relying on a “one‑size‑fits‑all” policy rather than assessing the individual request.
- Providing vague refusals such as “operational difficulty” without evidence.
- Neglecting to explore reasonable alternatives (e.g., trial periods).
- Missing the three‑month decision deadline.
- Failing to keep written records, which weakens the employer’s defence at tribunal.
What strategic tips can employees use to increase the chance of a successful flexible working request?
Quick Answer: Employees should present a clear business case, propose a trial period, and align the request with operational needs.
Draft the request in writing, citing the statutory right and outlining how the proposed arrangement will not prejudice service delivery. Offer a pilot scheme (e.g., three‑month trial) and suggest how workload will be covered. Gather supporting evidence such as comparable arrangements in the sector. Engage early with the line manager to address concerns and keep a record of all communications.
Practical Steps & Evidence Checklist
Whether you are an employee preparing a flexible working request or an employer assessing one, following a clear, documented process reduces the risk of disputes and ensures compliance with the statutory framework. The checklist below outlines the essential actions and the supporting evidence you should gather at each stage.
- Step 1: Review your contractual terms and the employer’s flexible‑working policy (if any) to confirm you meet the 26‑week continuous service requirement and to understand any internal procedures.
- Step 2: Draft a written request that specifies the change you are seeking (e.g., part‑time, compressed hours, remote work), the proposed start date, and the reasons for the request. Keep a copy for your records.
- Step 3: Gather supporting evidence, such as medical certificates, caring responsibilities documentation, or a schedule of childcare arrangements, to demonstrate why the change is needed.
- Step 4: Submit the request to the designated person (usually HR or line manager) using the employer’s prescribed format, and note the date of submission.
- Step 5: Follow up in writing if you have not received a decision within three months. Record any meetings, offers, or counter‑proposals, and seek written confirmation of the final outcome.
Frequently Asked Questions
Can I request flexible working if I have been employed for less than 26 weeks?
No. Under the Employment Rights Act 1996 (as amended by the Flexible Working Regulations 2014), an employee must have at least 26 weeks of continuous service with the same employer before they acquire the statutory right to make a flexible‑working request. Employees with less than 26 weeks may still be able to request flexible working if the employer’s own policy allows it, but the employer is not legally obliged to consider the request.
What are the statutory grounds an employer can use to refuse a flexible working request?
An employer may refuse a request only on one or more of the following business‑case grounds, which must be reasonable and proportionate:
- Additional cost to the organisation.
- Detriment to the ability to meet quality standards.
- Inability to reorganise work among existing staff.
- Inability to recruit temporary staff.
- Insufficient facilities (e.g., lack of suitable remote‑working equipment).
- Impact on health and safety.
- Detriment to the performance of the business (e.g., loss of revenue or customer service).
Any refusal must be based on an objective assessment and communicated in writing with clear reasons.
How long does an employer have to respond to a flexible working request?
Statutory law requires the employer to give a decision within three months of the date the request was received. This period can be extended by mutual agreement, but any extension must be reasonable and documented. Failure to respond within the statutory timeframe can give the employee the right to bring a claim for unlawful deduction of wages or constructive dismissal.
Do I need to provide evidence to support my flexible working request?
While the law does not obligate an employee to provide evidence, doing so strengthens the request and helps the employer assess the business case. Evidence may include:
- Medical reports or occupational health assessments (where health is a factor).
- Proof of caring responsibilities, such as a child‑care contract or a letter from a school.
- Details of a proposed work‑pattern that demonstrates minimal disruption.
Employers may ask for reasonable evidence, but they cannot demand excessive or intrusive documentation.
Can my employer change my flexible working arrangement after it has been approved?
Once a flexible‑working request is approved, the agreed arrangement becomes a term of the employee’s contract. The employer may only vary it if there is a genuine business reason and the employee consents to the change. Unilateral alterations without consent could amount to a breach of contract and may give rise to a claim for constructive dismissal.
What recourse do I have if my flexible working request is unreasonably refused?
If you believe the refusal does not fall within the statutory business‑case grounds, you can raise an internal grievance following the employer’s grievance procedure. Should the grievance not resolve the issue, you may bring an employment tribunal claim for unlawful refusal of a flexible‑working request. The claim must be filed within three months of the employer’s decision, and remedies can include reinstatement of the requested arrangement, compensation for loss of earnings, or a declaration that the employer acted unlawfully.
Conclusion
The right to request flexible working is a fundamental employment protection in England and Wales, available to any employee with at least 26 weeks of continuous service. Employers are obligated to consider requests seriously, engage in a meaningful dialogue, and provide a written decision within three months. Refusals must be based on one of the eight statutory business‑case grounds and must be communicated clearly. Both parties benefit from a transparent, documented process that balances the employee’s personal needs with the operational requirements of the business.
If you are preparing a request, ensure you follow the practical steps above and retain all correspondence. Employers should review their policies, train managers on the statutory framework, and keep detailed records of decisions. In any borderline or contentious situation, seeking advice from a qualified solicitor or employment law specialist will help protect your rights and mitigate the risk of costly disputes.
Legal Disclaimer
This article provides general educational information regarding England and Wales law and does not constitute formal legal advice, legal representation, or the creation of an attorney‑client relationship. Laws and regulatory guidance are subject to frequent legislative amendments and judicial interpretation. Individuals and organizations facing legal proceedings or disputes should seek personalized counsel from a qualified solicitor, advocate, or attorney in their jurisdiction.