Since 6 April 2024, every employee in the UK has the statutory right to request flexible working from day one of employment. Previously, employees needed 26 weeks of continuous service before making a request. The changes, introduced by the Employment Relations (Flexible Working) Act 2023, also allow employees to make two requests in any 12-month period (up from one) and require employers to respond within two months (down from three).
Types of Flexible Working
Flexible working covers any change to the employee’s working pattern. Common arrangements include:
| Type | Description |
|---|---|
| Part-time | Reducing total hours worked per week |
| Compressed hours | Working full-time hours over fewer days (e.g. four 10-hour days) |
| Flexitime | Employee chooses start and finish times around core hours |
| Remote working | Working from home or another location outside the office |
| Hybrid working | Splitting time between the office and a remote location |
| Job sharing | Two employees share the responsibilities of one full-time role |
| Staggered hours | Different start, break and finish times from other employees |
| Annualised hours | Total annual hours are fixed but distributed unevenly across the year |
| Term-time working | Working only during school term times |
The Statutory Process
Making a Request
The employee must make their request in writing (including email). The request must:
- State that it is a statutory request under section 80F of the Employment Rights Act 1996
- Specify the change requested and the proposed start date
- Explain what effect the change might have on the employer and how this could be managed
- State the date of any previous request (employees can make two requests in 12 months)
Employer’s Obligations
Under the current rules, the employer must:
- Consult with the employee before refusing a request — this is a new mandatory requirement
- Respond within two months of the request being made (unless an extension is agreed with the employee)
- Only refuse on one or more of the eight statutory grounds listed below
- Notify the employee in writing of the decision, including the business reason if refusing
Grounds for Refusal
An employer can only refuse a flexible working request for one or more of these eight statutory reasons:
| Ground | Example |
|---|---|
| Burden of additional costs | Hiring additional staff to cover reduced hours would be disproportionately expensive |
| Detrimental effect on ability to meet customer demand | Key client-facing role requires presence during standard hours |
| Inability to reorganise work among existing staff | No other employee has the skills or capacity to absorb the work |
| Inability to recruit additional staff | Specialist role with limited candidate pool |
| Detrimental impact on quality | Quality control requires on-site presence |
| Detrimental impact on performance | Measurable drop in output or productivity |
| Insufficiency of work during proposed periods | Employee wants to work hours when there is no work to do |
| Planned structural changes | Upcoming reorganisation would make the arrangement impractical |
The employer must demonstrate a genuine business reason — blanket refusals without proper consideration are not permitted.
Changes from April 2024
| Feature | Before April 2024 | From April 2024 |
|---|---|---|
| Eligibility | 26 weeks continuous service | Day one — no qualifying period |
| Number of requests | 1 per 12 months | 2 per 12 months |
| Response deadline | 3 months | 2 months |
| Consultation requirement | Not mandatory | Must consult before refusing |
| Employee statement of impact | Required | Removed — employee no longer needs to explain how the change could be dealt with |
Handling Requests in Practice
Step-by-Step
- Acknowledge the request promptly and confirm the two-month deadline
- Arrange a consultation meeting — discuss the request, explore alternatives if the exact request cannot be met
- Consider the request against the eight statutory grounds
- Decide and communicate — approve, propose a modification or refuse with clear reasons
- Confirm in writing — include the decision, the start date (if approved) and the right to appeal
Trial Periods
Where there is uncertainty about whether an arrangement will work, the employer can agree a trial period with the employee. This allows both parties to assess the impact before making a permanent change. The trial should have a defined duration and review criteria.
Varying the Contract
If a flexible working request is approved, it constitutes a permanent change to the employment contract unless otherwise agreed. The employer should:
- Issue a written statement of the new terms (or an amendment to the contract)
- Update payroll to reflect any changes to hours, pay or working pattern
- Adjust holiday entitlement proportionally for part-time arrangements
Impact on Other Employment Terms
Pay and Hours
Reduced hours normally mean pro-rated pay. The employee’s annual salary, pension contributions and other pay-related benefits are adjusted in proportion to the new working hours.
Notice Period
The employee’s notice period is typically unaffected by a flexible working arrangement, as notice is usually expressed in weeks or months rather than linked to working hours. However, if the contract ties notice to length of service and the flexible arrangement involves a break in continuity (which is rare), this should be checked.
Holiday Entitlement
Part-time employees are entitled to pro-rated holiday. A full-time employee working 5 days per week receives 28 days (including bank holidays). An employee moving to 3 days per week receives:
28 × (3 ÷ 5) = 16.8 days
Bank holidays falling on non-working days do not need to be given as additional leave, provided the total entitlement meets the statutory minimum.
Employer Risks
- Indirect discrimination — refusing flexible working disproportionately affects women (who make more requests) and could constitute indirect sex discrimination under the Equality Act 2010
- Failure to follow the statutory process — the employee can bring a claim to an employment tribunal if the employer fails to deal with the request properly
- Compensation — tribunals can award up to 8 weeks’ pay (capped at the statutory weekly limit) for procedural failures, plus any discrimination award if applicable
Record-Keeping
Employers should retain records of all flexible working requests and decisions, including:
- The written request
- Notes from the consultation meeting
- The written decision (with reasons if refused)
- Any agreed trial period arrangements
- Contract amendments issued