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.
Download the Word template
Flexible working policy template
A ready-to-edit Word version of 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
Manager checklist
Work through this sequence for every statutory request. Doing it in order protects you legally and gives the employee a fair process. The grounds and the law behind each step are explained further down.
Confirm receipt in writing within [5 / 10] working days and note the date it arrived: that starts the two-month clock. Check the request is valid (in writing, states the change, gives a start date, discloses any request in the last 12 months) and ask the employee to fix anything missing.
Meet the employee before you decide anything. This is a legal requirement, not a formality. Use it to understand the need behind the request, explore variations, and consider a trial period. Keep notes.
Work through the eight statutory grounds below and decide honestly whether any genuinely applies. For each one you rely on, write down the evidence. Vague concerns will not survive a tribunal.
If the exact request cannot work, could a modified version, a trial period, or a phased start? Documenting this cuts your risk even if the answer is still no.
Reply in writing within two months (or an agreed extension). If refusing, name the ground and explain why it is reasonable for this request and this role. A bare reference to a ground is a procedural breach since January 2026.
Assign it to a manager who was not part of the first decision, hear it before the two-month deadline, and confirm 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.
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Flexible working is any lasting change to how, when or where someone works: fewer days, compressed hours (a full week done over fewer days), flexi-time, remote or hybrid working, a job share, term-time only, or annualised hours. Any of these can be the subject of a formal request. You are also free to agree informal arrangements outside the statutory process, and many employers do.
Every employee can ask from their first day. That is the "day-one right": no minimum service and no waiting for probation to end (the old 26-week service rule was scrapped on 6 April 2024). It is a "statutory" right, meaning it comes from the law (sections 80F to 80I of the Employment Rights Act 1996), not from your handbook. But it is a right to request, not a right to receive. Follow the process and refuse on a genuine business ground and you are acting lawfully.
The rules in short:
- Who can ask: any employee, from day one. Agency staff and most zero-hours workers without employee status fall outside the statutory process, though good practice still applies to them.
- How many: up to two requests in any 12-month period, with only one live at a time.
- Your deadline: two months from receiving the request to decide, unless the employee agrees in writing to extend it. Missing the deadline is itself a breach.
A valid request must be in writing (email counts), say what change the employee wants, give the date they want it to start, and state whether they have made a request in the last 12 months. Since April 2024 they do not have to give a reason or explain the effect on the business, and you cannot reject a request for leaving that out.
Before you decide, you must hold a genuine consultation meeting. Going through the motions to reach a decision you have already made is not enough. Use it to understand what the employee needs, test whether the request or a variation of it can work, and consider a trial period. Write down the options you looked at and why each did or did not work: that record is your main protection if the case reaches a tribunal.
The eight grounds for refusal
You can only refuse a request on one or more of eight statutory grounds set out in section 80G(1ZA) of the Employment Rights Act 1996. The list is exhaustive: a refusal on any other basis is unlawful, however reasonable it feels.
| Ground | What it means in practice |
|---|---|
| 1. Burden of additional costs | The change would cost the business significantly more, such as cover or new equipment. Mere inconvenience is not enough. |
| 2. Effect on meeting customer demand | It would leave you unable to serve customers when they need it. Must be shown, not assumed. |
| 3. Cannot reorganise work among staff | The work cannot be shared out across the existing team without unreasonable disruption. |
| 4. Cannot recruit extra staff | You cannot hire cover, for example because the skills are genuinely hard to source. |
| 5. Detrimental impact on quality | The change would measurably lower the quality of the work or service. |
| 6. Detrimental impact on performance | Output would be objectively impaired. General doubts about homeworking do not count. |
| 7. Not enough work in proposed hours | There is genuinely not enough work during the hours or days proposed. |
| 8. Planned structural changes | Firm plans already in train clash with the request, such as a relocation or reorganisation. |
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 recommends you offer an appeal against any refusal. It is not a statutory step, but having no appeal route counts against you if a tribunal asks whether you handled the request reasonably. A good appeal is heard by a manager who was not part of the first decision, is decided within the two-month window (or an agreed extension, since the appeal does not pause the clock), and is confirmed in writing with the same reasoning as the original decision.
An employee can bring a claim to an employment tribunal if you did not handle the request reasonably, did not consult before refusing, missed the two-month deadline, refused on a ground outside the statutory eight, or relied on incorrect facts. Compensation is up to eight weeks' pay, subject to the statutory weekly pay cap, and a breach of the ACAS Code can lead to an uplift in any award.
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 slash, and remove the drafting notes before issuing. Keep the statutory obligations intact. Prefer 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]].
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.