Definition
A statutory right allowing all UK employees to request changes to their working pattern, including hours, times, and location of work, from day one of employment.
UK Context
The Employment Relations (Flexible Working) Act 2023, effective April 2024, made flexible working a day-one right, allowed two requests per year, required employer consultation before refusal, and shortened the response deadline to two months. ACAS has published an updated Code of Practice on handling flexible working requests. The right is to request flexible working, not a right to have it granted, but employers must follow the statutory process and can only refuse for prescribed reasons.
Best Practices
- Train managers on the statutory process and the importance of genuine consideration of each request
- Approach requests with an open mind and focus on finding solutions rather than reasons to refuse
- Consult meaningfully with the employee before reaching a decision, exploring alternatives if the original request cannot be accommodated
- Document the business reasons for any refusal clearly and specifically
- Consider implementing a flexible working policy that goes beyond statutory minimums to attract and retain talent
Frequently Asked Questions
Can an employer refuse a flexible working request?
Yes, but only for one or more of eight statutory reasons, and only after consulting with the employee. The employer must respond within two months. If an employee believes their request has been unfairly refused, they can bring a claim to an employment tribunal.
How many flexible working requests can an employee make?
Since April 2024, employees can make up to two statutory flexible working requests in any 12-month period. This doubled the previous allowance of one request per year. Each request must be made in writing and state that it is a statutory request.
Do employees need a reason to request flexible working?
Since the 2023 Act, employees no longer need to explain the impact of their request on the employer or suggest how it might be dealt with. The employee simply needs to state the change they want, the proposed start date, and confirm it is a statutory request. The burden is on the employer to justify any refusal.