Since 6 April 2024 all employees have the right, from day one of starting their job, to make a request to work flexibly.  It’s worth noting that the right is to request to work flexibly, not a right to work flexibly.

Here we summarise the rights of employees, and responsibilities of employers, when dealing with statutory flexible working requests.

What kind of changes can I ask for?

Essentially, you can ask for any change to your working pattern as long as it relates to a change to the hours or the times you work, or a change to your place of work.

It could include asking to work: part-time; compressed hours; annualised hours; term-time only; flexi-hours; from home; and/or hybrid working. Someone working part-time could even make a request to work full-time.

Whilst most requests will likely result in a permanent change to someone’s terms and conditions, there is nothing to stop you requesting a temporary change - in which case you should state how long you want the change to last in your request.

How do I make a request?

Your employer is only obliged to deal with two formal requests from you within any 12-month period. They can choose to let you submit more than two a year, but do not have to. Many employers will permit employees to make informal requests so it may be worth speaking to your line manager or HR department before submitting a formal request.

Any formal application you submit must:

• be in writing
• be dated
• say you are making a statutory request for flexible working
• confirm the change(s) to your hours, times and/or you are asking for, and when you want them to take effect
• confirm whether you have made a flexible working request before and, if so, when

Whilst you don’t have to, it’s likely to help your application if you can provide as much information about the change(s) you want, the circumstances that have led to you making the request, and how you think your changes could be accommodated.  If your employer can’t accommodate your initial request, the additional information you give may well help you to come to a suitable alternative arrangement.

What procedure must my employer follow?

It’s worth noting that the right is to request to work flexibly, not a right to work flexibly.  However, your employer must agree to your request unless they have a genuine business reason not to.

Your employer has to deal with a flexible working request in a ‘reasonable manner’.

There is no legal definition of what is meant by a ‘reasonable manner’, but since April 2024, your employer cannot reject a request without first inviting you to a meeting to consult with you before they reach a decision.

The Acas statutory Code on flexible working requests makes recommendations, including that your employer:

• considers your request carefully
• allows you to be accompanied to any meetings by a work colleague or trade union representative
• explains any implications on your terms and conditions if your request is granted
• discuss whether a trial period may be appropriate to assess the reasonableness of an arrangement.
• lets you appeal if they decline your request.  

Your employer must inform you of their decision to either uphold or reject your request, without ‘unreasonable delay’, and within the statutory two-month period for dealing with it (which includes dealing with any appeal). If you have agreed to extend the period for them to make a decision, then your employer must confirm their decision by the end of the longer agreed period.  ACAS advises that any decisions your employer takes regarding your request should be confirmed in writing.  

If your  request is accepted, your employer should also offer you the opportunity to clarify anything that may be helpful in implementing the new arrangement, e.g. a review date to see how things are going.

On what basis can my request be turned down?

Your employer must agree to your flexible working request unless there is a genuine business reason not to.  One or more of eight specific grounds can be relied on by your employer for turning down a request:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods you are proposing to work
• a planned structural change to the business

As you can see, the reasons are very broad and give your employer a wide discretion to turn requests down. 

If you are asked to attend a meeting to discuss your request, and you fail to attend both that meeting and a rearranged meeting without good reason, your employer can consider you to have withdrawn your request.  This also applies to any appeal meeting you are invited to.

What if my employer rejects my request?

As mentioned above, a request cannot be turned down without your employer first consulting with you at a meeting.  

When writing to confirm their decision, your employer should clearly explain the business reason(s) they are relying on (see above), along with any information which is reasonable to help explain their decision.

There is no legal right to appeal, but ACAS recommends employers give the option to appeal as part of a reasonable procedure and good practice.  You could therefore potentially argue that not allowing you the right to appeal would be a failure by your employer to deal with your request in a ‘reasonable manner’.  If you are given the opportunity to appeal, it should be dealt with ‘impartially’ and, if possible, by a manager who has had no prior involvement in the process.

What can I do if I don’t think my request has been handled properly?

You can bring a complaint in the Employment Tribunal if your employer:

• fails to deal with your request in a reasonable manner
• refuses your request without consulting with you 
• fails to notify you of their decision within the decision period
• rejects your application for a reason other than one of the permitted grounds
• makes their decision on incorrect facts
• treats your application as having been withdrawn when they shouldn’t have

You cannot pursue a claim on the first four of the above grounds until either your employer has notified you of the decision on your request, or the decision period (including any agreed extension to that period), comes to an end.

If your claim is successful, the Tribunal can order your employer to reconsider your request and/or award you compensation of up to eight weeks' pay.

You also have the right not to be dismissed or to suffer any kind of detriment because you have either made or intend to make a flexible working request. 

Depending on the reason for making your request, e.g. because you are returning to work from maternity leave, or you have a disability, you may have additional claims against your employer. 

You should take advice from one of our specialist employment solicitors to explore your rights and potential claims. They’ll also be able to tell you what steps you need to take to pursue a potential claim and assist in calculating the time period in which you would have to do so (generally speaking it is within 3 months less one day from the refusal, detriment or dismissal). 

If you want or require specific legal advice, join our legal advice service, as a member you can book an appointment with one of our employment specialists who will be able to provide expert advice and guidance on your issue.

Disclaimer: The information and opinions within this guide are meant for general information purposes only.  They are not intended to constitute legal or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.