The right to request flexible working has been significantly strengthened. Since 6 April 2024, it is a day-one employment right — employees no longer need 26 weeks' service. Employers must handle requests seriously and can only refuse on specific statutory grounds.
What Has Changed
- Day-one right — no qualifying service period
- Two requests per year — employees can make up to two requests in any 12-month period (previously one)
- Faster response — employers must respond within two months (previously three)
- Consultation required — employers must consult with the employee before refusing
- No business case required from employee — employees no longer need to explain the effect on the employer
Types of Flexible Working
A request can cover any change to terms and conditions relating to:
- Hours of work (e.g., reduced hours, compressed hours)
- Times of work (e.g., different start/finish times, term-time only)
- Place of work (e.g., working from home, hybrid working)
Statutory Grounds for Refusal
Employers can only refuse a request based on one or more of the following eight reasons:
- The burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes
The Employment Rights Bill may further strengthen these provisions, requiring employers to demonstrate that refusal is "reasonable" based on these grounds.
The Process
- Employee submits a written request
- Employer consults with the employee
- Employer decides and responds within two months
- If refused, the employer must explain which statutory ground(s) apply and why
- Employee can appeal (if the employer's procedure allows it)
Our contracts and handbooks service includes flexible working policies that comply with the latest legislation. Contact us.