Since 6 April 2024, every employee has had the right to request flexible working from their first day of employment. Employers must consult the employee before refusing and can only reject a request on one or more of eight statutory grounds. Since 6 January 2026, they must also explain why refusal is reasonable in the circumstances. There is no right to receive flexible working, only a right to have the request properly considered.
What counts as flexible working
Flexible working covers any arrangement that differs from an employee's standard contracted working pattern. The most common forms in UK workplaces are set out below.
Any of these arrangements can be the subject of a statutory flexible working request. The list is not exhaustive: annualised hours contracts, where total annual working hours are contracted but distributed flexibly across the year, also fall within the scope of the right. Employers are free to agree informal flexible arrangements outside the statutory process at any time, and many do so without a written request ever being made. The statutory process exists to protect employees whose informal requests are not acted upon or are refused without proper consideration.
The statutory right to request
The right to request flexible working is set out in sections 80F to 80I of the Employment Rights Act 1996, as amended most recently by the Employment Relations (Flexible Working) Act 2023 and the Employment Rights Act 2025.
| Rule | What it means |
|---|---|
| Who can apply | Any employee, from day one of employment (since 6 April 2024). Workers on agency contracts or zero-hours contracts without employee status cannot use the statutory process, but good practice applies to all. |
| How many requests | Two in any 12-month period (since 6 April 2024). Only one live request at a time. Requests made before 6 April 2024 count towards the two-request limit. |
| Employer deadline | Two months from receipt to reach a decision (can be extended by written agreement with the employee). Failure to decide within the deadline is itself a procedural breach. |
The right gives the employee a right to have their request properly considered, not a right to the arrangement they have asked for. An employer who follows the correct process and refuses on a genuine statutory ground is acting lawfully.
How to make a valid request
To trigger the statutory process, a flexible working request must meet specific formal requirements under section 80F of the Employment Rights Act 1996.
The request must be in writing (which includes email). There is no prescribed form. The employee must state that it is a request under the statutory procedure.
The employee must describe the change to their working arrangements: for example, moving from five days to four, or changing their start time from 9am to 8am, or working from home three days per week.
The employee must state the date on which they want the change to take effect.
The employee must state whether they have made a flexible working request in the preceding 12 months and, if so, when. They are not required to give a reason for the request.
Before April 2024, employees had to state the effect the proposed change would have on the employer and how it could be dealt with. That requirement was removed by the Employment Relations (Flexible Working) Act 2023. Employers cannot reject a request on the ground that the employee failed to provide this information.
Employer's duty to consider and consult
Once a valid request is received, the employer must deal with it in a reasonable manner. The ACAS Code of Practice on Requests for Flexible Working, which came into force on 6 April 2024, sets out what reasonable handling looks like in practice.
Before refusing (and, as good practice, before agreeing) any flexible working request, the employer must hold a consultation meeting with the employee. This consultation must be genuine: simply going through the motions to arrive at a predetermined refusal is not enough. The purpose of the meeting is to understand the employee's need, explore whether the arrangement as requested can be accommodated, and consider whether alternatives might work.
Specifically, the employer should explore whether a trial period could resolve uncertainty, whether a modified version of the request might be workable, or whether a different arrangement could meet the employee's underlying need without creating the business difficulties raised by the original request. These alternatives should be documented: the record of genuine exploration is important if the matter later proceeds to a tribunal.
When an employee moves to part-time or compressed hours, their annual leave allowance changes. Book Time Off lets you update each person's allowance individually, so days used and days remaining stay accurate from day one.
Try free for 30 days →The eight grounds for refusal
An employer can only refuse a flexible working request on one or more of eight statutory grounds set out in section 80G(1ZA) of the Employment Rights Act 1996. The grounds are exhaustive: a refusal on any other basis is unlawful regardless of how reasonable the employer's reasons may appear.
| Ground | What it means in practice |
|---|---|
| 1. Burden of additional costs | The arrangement would impose significant extra cost on the business, such as recruitment costs for cover or facility changes. Financial inconvenience alone is unlikely to suffice; the costs must be genuinely burdensome. |
| 2. Detrimental effect on ability to meet customer demand | The arrangement would reduce the business's capacity to serve customers at the times or in the ways they require. Must be evidenced, not assumed. |
| 3. Inability to reorganise work among existing staff | The work cannot be redistributed among the existing workforce without unreasonable disruption or unfairness. The employer should consider all feasible options before concluding this ground applies. |
| 4. Inability to recruit additional staff | The employer cannot fill the gap created by the new arrangement with temporary or permanent staff, for example because specialist skills are genuinely hard to source. |
| 5. Detrimental impact on quality | The arrangement would measurably reduce the quality of work or service. The employer must be able to point to specific quality risks, not vague concerns. |
| 6. Detrimental impact on performance | The employee's or team's performance would be objectively impaired by the new arrangement. General scepticism about homeworking or flexible patterns is not a ground. |
| 7. Insufficiency of work during proposed hours | There is genuinely not enough work to keep the employee productively occupied during the hours or days they propose to work. |
| 8. Planned structural changes | The employer has already-decided structural plans that are incompatible with the arrangement, such as an office relocation, a departmental reorganisation, or a service change. |
Since 6 January 2026, employers must explain why refusal on the stated ground is reasonable. A bare citation of a ground without explanation is a procedural breach, regardless of whether the ground is technically applicable.
Changes since January 2026
Section 9 of the Employment Rights Act 2025, which came into force on 6 January 2026 via the Employment Rights Act 2025 (Commencement No. 1) Regulations 2026 (SI 2026/3), amended section 80G of the Employment Rights Act 1996 to raise the bar for refusals.
Under the amended provision, the employer's notice of refusal must now state both the ground or grounds relied on and explain why the employer considers it reasonable to refuse on that ground or those grounds in the circumstances. This is a meaningfully higher requirement than simply naming a ground. The employer must connect the ground to the specific circumstances of the request and the employee's role, pointing to real evidence rather than category assumptions.
For example, citing ground (2) (detrimental effect on ability to meet customer demand) is not enough on its own. The refusal must explain which customer commitments are affected, why the proposed hours cannot accommodate those commitments, and why alternative arrangements could not address the concern. An employer who cannot provide this explanation is at real risk of a successful tribunal claim.
Separately, the Government launched a further consultation on flexible working on 5 February 2026 as part of the Make Work Pay agenda. The consultation ran until 30 April 2026 and examined whether further legislative changes are needed, including whether the right to flexible working should be strengthened. Any resulting changes are likely to take effect in 2027 at the earliest.
The requirement to explain reasonableness means a well-documented consideration process is now more important than ever. Record the consultation meeting, the options considered, why each was or was not workable, and the specific reasons for any decision.
Appeals
The ACAS Code of Practice on Requests for Flexible Working recommends that employers operate an internal appeal process for any refused flexible working request. While a right of appeal is not itself statutory, the absence of any appeal route is a factor tribunals take into account when assessing whether the employer dealt with the request in a reasonable manner.
A well-run appeal process has three features. First, the appeal should be heard by a manager who was not involved in the original decision, so the employee receives a genuinely fresh review. Second, it should be heard and decided before the overall two-month decision window expires (or within any agreed extension): the appeal does not extend the statutory deadline. Third, the outcome should be communicated in writing, with the same level of reasoning required for the original decision.
An employee whose request is refused may bring a claim to an employment tribunal if the employer failed to deal with the request in a reasonable manner, failed to consult before refusing, failed to give a decision within two months (unless extended by agreement), refused on a ground not included in the statutory eight, or made the decision on the basis of incorrect facts. Compensation is up to eight weeks' pay, subject to the statutory weekly pay cap. A breach of the ACAS Code of Practice can lead to an uplift in any compensation award.
Manual approval chains across email threads and spreadsheets make it hard to show a fair process. Book Time Off logs every leave request in arrival order, records the outcome, and keeps each team member's remaining balance visible at a glance.
Start free trial →Download the Word template
Flexible working policy template
A ready-to-edit Word document with the full policy wording below. Purple bracketed placeholders mark every employer decision: notice periods, trial arrangements, the grounds process, and the appeals route.
- Statutory basis cited for each clause
- Eight grounds for refusal included
- Consultation and appeal procedure built in
- Trial arrangement clause as an optional add-on
- Italic drafting notes you can delete before issuing
Copy-and-paste policy wording
The clauses below are ready to adapt for your employee handbook. Fill in the bracketed fields, choose between options marked with a forward slash, and remove the drafting notes before issuing. Keep all statutory obligations intact. Prefer to work in Word? Use the download above.
1. Purpose and scope
This policy sets out how [Company name] handles requests for flexible working arrangements under the statutory procedure in the Employment Rights Act 1996, as amended. It applies to all employees from their first day of employment. This policy does not prevent [Company name] from agreeing informal flexible working arrangements outside the statutory process, and does not limit any employee's statutory rights.
Drafting note: The reference to the statutory process is important: you may be happy to agree informal arrangements without a formal request, and this clause preserves that flexibility. Delete this note before issuing.
2. Types of flexible working available
Flexible working includes any change to an employee's working pattern, including: part-time working; compressed hours (working the same number of hours over fewer days); flexi-time within agreed core hours; job sharing; remote or hybrid working; staggered hours; term-time only working; and annualised hours contracts. An employee does not have to justify the reason for their request.
3. Making a request
A request for flexible working must be made in writing and must state: (a) the specific change to working arrangements requested; (b) the date on which the employee wants the change to take effect; and (c) whether the employee has made a previous flexible working request in the preceding 12 months and, if so, when. An employee may make up to two requests in any 12-month period. Only one request may be live at a time.
Drafting note: These requirements reflect section 80F of the Employment Rights Act 1996 as amended. Employees are no longer required to state the effect of the change on the employer or how it can be dealt with. Delete this note before issuing.
4. Consideration and consultation
[Company name] will acknowledge receipt of a flexible working request within [5 / 10] working days. Before reaching a decision, [Company name] will hold a consultation meeting with the employee to discuss the request, explore whether the arrangement requested or any variation of it can be accommodated, and consider whether a trial period is appropriate. The consultation meeting will be held within [X] weeks of receipt of the request.
Drafting note: The ACAS Code of Practice recommends consultation before any decision. Set your own timescale, but ensure you can meet it within the overall two-month decision window. Delete this note before issuing.
5. Decision
[Company name] will give the employee a written decision within two months of receiving the request, unless this deadline is extended by written agreement with the employee. If the request is approved, the letter will confirm the new working arrangement and its effective date. The arrangement will then form a permanent change to the employee's contract of employment unless agreed otherwise in writing.
Drafting note: The two-month deadline is statutory. If the employee agrees to an extension in writing, document it carefully. Delete this note before issuing.
6. Grounds for refusal
[Company name] may refuse a flexible working request only if one or more of the following grounds applies and it is reasonable to refuse on that ground: (a) the burden of additional costs; (b) detrimental effect on ability to meet customer demand; (c) inability to reorganise work among existing staff; (d) inability to recruit additional staff; (e) detrimental impact on quality; (f) detrimental impact on performance; (g) insufficiency of work during the periods the employee proposes to work; (h) planned structural changes. A refusal will be communicated in writing, stating the ground or grounds relied on and explaining why [Company name] considers it reasonable to refuse on that ground or those grounds in the circumstances.
Drafting note: The eight grounds are set out in section 80G(1ZA) of the Employment Rights Act 1996 as amended by the Employment Rights Act 2025, s.9 (in force 6 January 2026). A refusal that does not explain why it is reasonable is a procedural breach. Delete this note before issuing.
7. Trial periods (discretionary)
Where a flexible working request cannot be approved in the form requested, [Company name] [may / will consider whether to] offer a trial period of [X] months to assess whether the arrangement is workable. At the end of the trial period, [Company name] will either confirm the arrangement permanently or, if it has not worked in practice, revert to the previous arrangement with [X weeks'] notice. The employee will be consulted before any decision to revert is made.
Drafting note: Trial periods are discretionary, not a statutory requirement. Including this clause signals a good-faith approach and can reduce the risk of tribunal claims. Choose how long the trial and the reversion notice should be. Delete this note before issuing.
8. Appeals
An employee whose flexible working request is refused, or who is dissatisfied with the decision, may appeal within [10 / 14] calendar days of receiving the written decision. The appeal should be made in writing to [HR / [name]], stating the grounds of appeal. The appeal will be heard by a manager not involved in the original decision, within the overall two-month decision window or such extension as has been agreed. The employee may be accompanied at the appeal hearing by a colleague or trade union representative.
Drafting note: An appeal process is recommended by the ACAS Code of Practice and reduces the risk of an employment tribunal claim. Delete this note before issuing.
9. Keeping records
[Company name] will keep a written record of each flexible working request received, the consultation meeting, the decision made, the grounds for any refusal, and any appeal. These records will be kept for [2 / 3] years.
Drafting note: Good record-keeping is your primary protection in any employment tribunal claim. The requirement since January 2026 to explain the reasonableness of a refusal makes a documented consultation even more important. Delete this note before issuing.
10. Review
This policy will be reviewed [annually / every two years] and updated as the law or business requirements change. Employees with questions should contact [HR / their line manager / [name]].
Manager checklist
Use this sequence for every statutory flexible working request. Working through it in order protects you legally and ensures the employee receives a fair process.
Confirm receipt of the request in writing within [5 / 10] working days. Note the date the request was received: this starts the two-month decision clock. Check whether the request meets the formal requirements (in writing, states the change, states the effective date, discloses any previous request in the last 12 months). If it does not, contact the employee to clarify before the clock runs.
Schedule a genuine consultation with the employee before you reach any decision. This is a legal requirement, not a formality. Use the meeting to understand the underlying need behind the request, explore variations on what was asked for, and consider whether a trial period could work. Keep notes of the meeting.
Go through each of the eight statutory grounds and assess honestly whether any applies. For each ground that might apply, document the evidence for it: for example, specific customer service commitments that require the hours in question, or evidence that the work cannot be redistributed. Vague concerns or assumptions without evidence will not withstand tribunal scrutiny.
If the specific arrangement requested cannot be accommodated, could a modified version work? Could a trial period resolve uncertainty? Could a phased transition reduce disruption? Exploring and documenting these options significantly reduces the risk of a successful tribunal claim, even if the final answer is still a refusal.
Communicate the decision in writing within two months of receiving the request (or within any agreed extension). If refusing, state which of the eight grounds applies and explain specifically why it is reasonable to refuse on that ground in the circumstances of this request and this role. A bare reference to a ground without explanation is a procedural breach since January 2026.
If the employee appeals, assign the hearing to a manager who was not involved in the original decision. Hear the appeal before the overall two-month deadline expires. Document the outcome in writing.
Book Time Off does not manage formal flexible working requests, which are a contract change. But once a new working pattern is agreed, it handles everything that follows: updated allowances, leave requests, one-click approvals, and the team wallchart that shows who is in and who is out.
Try free for 30 days →For the broader leave framework your flexible working policy sits within, the company leave policy guide covers annual leave, carry-forward, and sickness. The Policies and Templates hub brings together all available policy wording, including the holiday request form template and the religious holidays policy template. For the absence management system that sits alongside leave policy, see the absence management guide.
Sources
| Legislation.gov.uk | Employment Rights Act 1996, section 80F (right to request flexible working) · Verified June 2026 |
| Legislation.gov.uk | Employment Rights Act 1996, section 80G (employer's duties in relation to application) · Verified June 2026 |
| Legislation.gov.uk | Employment Relations (Flexible Working) Act 2023 · Verified June 2026 |
| Legislation.gov.uk | Flexible Working (Amendment) Regulations 2023 (SI 2023/1328) · Verified June 2026 |
| Legislation.gov.uk | Employment Rights Act 2025, section 9 · Verified June 2026 |
| Legislation.gov.uk | The Employment Rights Act 2025 (Commencement No. 1) Regulations 2026 (SI 2026/3) · Verified June 2026 |
| Legislation.gov.uk | The Code of Practice (Requests for Flexible Working) Order 2024 (SI 2024/429) · Verified June 2026 |
| ACAS | Code of Practice on Requests for Flexible Working (April 2024) · Verified June 2026 |
Frequently asked questions
This is not legal advice. Employment law is complex and changes regularly. If you are unsure how flexible working law applies to a specific situation, consult an employment solicitor or contact the ACAS helpline.