Quick Answer: What Changed for Flexible Working in the UK?
Since 6 April 2024, all UK employees have the right to request flexible working from their first day of employment. Previously, employees had to wait 26 weeks. The Employment Relations (Flexible Working) Act 2023 also introduced several other important changes that employers must understand.
| What Changed | Old Rules (Pre-April 2024) | New Rules (From April 2024) |
|---|---|---|
| Eligibility | 26 weeks' service required | Day-one right |
| Number of requests | 1 per year | 2 per year |
| Employer response deadline | 3 months | 2 months |
| Consultation | No requirement | Must consult before refusing |
| Employee explanation | Had to explain business impact | No longer required |
Types of Flexible Working
Flexible working covers far more than just working from home. Any change to the hours, times, or location of work can be a flexible working request.
| Type | Description |
|---|---|
| Part-time working | Reducing contracted hours |
| Hybrid working | Splitting time between office and home |
| Remote working | Working entirely from home or another location |
| Compressed hours | Working full-time hours over fewer days (e.g., 4-day week) |
| Flexitime | Varying start and finish times around core hours |
| Staggered hours | Different start, finish, and break times from colleagues |
| Annualised hours | Working a set number of hours over the year with variation |
| Job sharing | Two people sharing one full-time role |
| Term-time working | Working only during school term times |
The Statutory Flexible Working Request Process
How Employees Make a Request
A valid statutory flexible working request must:
- Be made in writing (email is acceptable)
- State that it is a statutory request under the Employment Rights Act 1996
- Specify the change requested and the proposed start date
- State whether a previous application has been made and, if so, when
The employee is no longer required to explain the impact on the business or suggest how any difficulties could be handled, though many will do so voluntarily.
Employer's Duty to Consult
Before refusing a request, you must consult with the employee. This is a new legal requirement introduced by the 2023 Act. A consultation means a genuine two-way discussion about the request, not simply telling the employee it has been refused.
A meaningful consultation should include:
- Discussing the request and understanding what the employee is looking for
- Exploring alternatives if you cannot accommodate the exact request
- Explaining your concerns and giving the employee an opportunity to address them
- Considering a trial period if you are unsure whether the arrangement will work
- Documenting the discussion and the outcome
The 8 Statutory Reasons for Refusal
You may only refuse a flexible working request for one or more of these 8 statutory grounds. No other reason is legally valid.
| # | Statutory Ground | Example |
|---|---|---|
| 1 | Burden of additional costs | Needing to hire additional staff to cover the hours |
| 2 | Detrimental effect on ability to meet customer demand | Reception or customer-facing role requires set hours |
| 3 | Inability to reorganise work among existing staff | No other employees with the required skills available |
| 4 | Inability to recruit additional staff | Specialist role with limited candidate pool |
| 5 | Detrimental impact on quality | Role requires real-time collaboration that remote work would hinder |
| 6 | Detrimental impact on performance | Supervision requirements that cannot be met remotely |
| 7 | Insufficiency of work during proposed hours | Employee requests hours when there is no work available |
| 8 | Planned structural changes | Reorganisation that would affect the requested arrangement |
Important: You must be able to demonstrate that the reason genuinely applies. Vague or generic refusals are likely to be challenged.
The 2-Month Response Deadline
You must notify the employee of your decision within 2 months of receiving the request (reduced from 3 months). This includes any appeal process. The deadline can be extended by agreement with the employee, but the agreement must be documented.
| Stage | Recommended Timeframe |
|---|---|
| Acknowledge the request | Within 5 working days |
| Hold consultation meeting | Within 2 weeks |
| Communicate initial decision | Within 4 weeks |
| Appeal (if requested) | Within 2 weeks of appeal |
| Final decision | Within 2 months total |
If you miss the 2-month deadline without an agreed extension, the employee can complain to an employment tribunal.
Multiple Requests Per Year
Employees can now make 2 statutory flexible working requests in any 12-month period (previously limited to 1). This means:
- An employee could request compressed hours in January and then remote working in July
- If you refuse the first request, the employee can submit a different one without waiting a full year
- Each request must be dealt with on its own merits
- The 2-month response deadline applies to each request separately
Template Response: Approving a Request
Subject: Flexible Working Request -- Approved
Dear [Employee Name],
Thank you for your flexible working request dated [date]. Following our consultation meeting on [date], I am pleased to confirm that your request has been approved.
Agreed changes:
- [Description of the change, e.g., "You will work from home on Mondays and Fridays"]
- Start date: [date]
- Review date: [date, typically 3-6 months]
This is a permanent change to your employment contract terms unless otherwise agreed. Your updated terms will be confirmed in writing separately.
If you have any questions, please do not hesitate to contact me.
Template Response: Refusing a Request
Subject: Flexible Working Request -- Outcome
Dear [Employee Name],
Thank you for your flexible working request dated [date]. I have carefully considered your request following our consultation meeting on [date].
I regret that I am unable to approve your request for [description of change] for the following reason(s):
- [State the specific statutory ground(s)]
- [Explain how it applies to this situation with evidence]
Alternative arrangements considered:
- [List any alternatives discussed and why they were not feasible]
You have the right to appeal this decision. To do so, please write to [name/role] within [14 days] setting out your grounds of appeal.
Avoiding Indirect Discrimination
When handling flexible working requests, be aware that blanket refusals can amount to indirect discrimination under the Equality Act 2010 if they disproportionately affect a protected group.
- Women are more likely to request flexible working for childcare -- blanket refusals may constitute sex discrimination
- Disabled employees may need flexible arrangements as a reasonable adjustment, which is a separate and stronger legal obligation than the flexible working right
- Employees with religious obligations may need flexibility for worship or observance
- Carers of elderly or disabled relatives are also disproportionately affected by inflexible practices
Each request must be considered on its individual merits, not refused under a blanket policy.
Best Practices for Employers
- Have a clear flexible working policy in your employee handbook
- Train managers on the statutory process and consultation requirements
- Be consistent in how you handle requests across the organisation
- Keep records of all requests, consultations, decisions, and reasons
- Consider trial periods when you are unsure whether an arrangement will work
- Review arrangements regularly and adjust if business needs change
- Encourage informal discussions before formal requests are submitted
- Use HR software to track requests, deadlines, and outcomes
Managing Flexible Working with Grove
Grove helps UK employers handle flexible working requests efficiently and compliantly:
- Request tracking with automated 2-month deadline reminders
- Template letters for acknowledgement, approval, and refusal
- Employee records showing current working patterns and any agreed changes
- Reporting on flexible working uptake across teams and departments
- Remote work policy templates to define expectations for home workers
Get started with Grove to manage flexible working requests with confidence.
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The Grove Team
Grove HR
The Grove Team writes about HR best practices, compliance, and workplace culture for Grove. Helping UK businesses cultivate thriving teams.
