How to handle a flexible working request

Since 6 April 2024, any employee can make a statutory flexible working request from their first day of employment — there is no longer a 26-week qualifying period. To be valid, the request must be in writing, dated, state that it is made under the statutory procedure, and set out the change requested. The employee no longer has to explain how the change might affect the business or suggest how that impact could be managed — that requirement was removed in April 2024.

An employee can make up to two statutory requests in any rolling 12-month period, and can only have one live request with you at a time. A request remains 'live' until a decision is made (including the outcome of any appeal), so check whether an earlier request from the same employee is still open before treating a new one as their first or second of the year.

Acknowledge receipt promptly. The whole process — including any consultation and appeal — must be completed within two months of the request, unless you and the employee agree in writing to extend that period. Missing the deadline can result in an Employment Tribunal award, so calendar the date as soon as the request arrives.

Carefully consider the potential benefits of the change for the employee and the business, as well as any downsides, before reaching a view. Approaching the request with a decision already made undermines the process and increases the risk of an unfair or discriminatory outcome, particularly where the request relates to a disability, caring responsibilities, or another protected characteristic.

Unless you intend to agree the request in full, you must consult the employee before making a decision. Invite them to a meeting to discuss the request, explore any concerns you have, and consider whether a modified arrangement — such as a trial period, a different start date, or a partial change — might work for both sides.

A request can only be refused for one or more of eight statutory business reasons: the burden of additional costs; a detrimental effect on the ability to meet customer demand; an inability to reorganise work among existing staff; an inability to recruit additional staff; a detrimental impact on quality; a detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; or planned structural changes. A refusal must be evidence-based, not assumption-based — be ready to explain which reason applies and why.

Where you have concerns about a permanent change, consider whether a time-limited trial period would let you test the arrangement before committing. Agree clear success criteria, a review date, and what happens at the end of the trial. A trial period or partial agreement is often a better outcome than an outright refusal, both for morale and for reducing tribunal risk.

Confirm the decision in writing without unreasonable delay. If agreed, set out the details of the new arrangement, whether it is a permanent contractual change or a fixed-term trial, and the effective date. If refused, state clearly which of the eight business reasons applies and the evidence behind it.

There is no standalone statutory right to appeal a flexible working decision, but the ACAS Code strongly recommends offering one, and doing so is good practice. Any appeal still counts towards the overall two-month deadline unless an extension has been agreed.

If the request is agreed, update the employee's contract and any relevant systems (payroll, rota, access) to reflect the new arrangement. Keep your flexible working policy current — it should reflect the day-one right, the two-month timeframe, and the consultation duty.