Flexible Working Request Template UK 2026: Free Form & Guide
Free flexible working request form template updated for the Employment Rights Act 2026 day-one right. Includes employer response template and guidance on handling requests.
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What Changed in 2026
The Employment Rights Act 2026 brought the most significant changes to flexible working legislation in over a decade. If you are still using a request form or process based on the old rules, you need to update it immediately — because the timelines, consultation requirements, and employee eligibility have all changed.
Here is what is different:
Day-One Right
Flexible working is now a day-one employment right. The previous requirement of 26 weeks' continuous service has been removed entirely. An employee can submit a flexible working request from their first day on the job.
Two-Month Response Deadline
Employers must now respond to a flexible working request within two months of receiving it. The previous three-month deadline has been shortened, meaning you need tighter internal processes.
Mandatory Consultation Meeting
Before refusing a request, employers must hold a consultation meeting with the employee. Simply sending a written refusal without discussion is no longer compliant.
Two Requests Per Year
Employees can now make up to two statutory flexible working requests in any 12-month period, doubled from the previous limit of one.
These changes mean that every employer needs to revisit their flexible working request form, their internal handling process, and the template letters they send in response. The rest of this guide provides exactly that.
What to Include in the Request Form
A statutory flexible working request must be made in writing, but there is no prescribed format. Using a structured form ensures employees include all the information you need to consider their request properly, and creates a clear audit trail. Your form should capture the following:
Employee Details
Full name, job title, department, manager name, and employment start date. While the day-one right means the start date is no longer a qualifying factor, it remains useful for records.
Date of Request
This is critical — it starts the two-month clock within which you must respond. Record the date the request was received, not just the date it was written.
Current Working Pattern
The employee's existing hours, days, and work location. This provides a clear baseline against which to assess the proposed change.
Proposed New Pattern
The specific change requested — including proposed hours, days of the week, start and finish times, and work location (office, home, or hybrid split).
Proposed Start Date
When the employee would like the new arrangement to begin. This should allow reasonable time for the employer to consider the request and make any necessary adjustments.
Impact Assessment
How the employee believes the change could work — including any impact on their role, their team, or customers, and any suggestions for how these could be managed.
Request Number
Whether this is the employee's first or second statutory request in the current 12-month period. This helps you track compliance with the two-request limit.
Employee Signature
A signature (physical or electronic) and date confirming the request is a statutory application under the Employment Rights Act 1996 (as amended).
For more background on the right to request flexible working, see our detailed legal guide.
The Eight Statutory Reasons for Refusal
Employers can only refuse a flexible working request for one or more of the eight business reasons set out in legislation. You cannot refuse for any other reason — and you must be able to demonstrate that the reason genuinely applies. The eight reasons are:
The change would impose costs that are disproportionate to the benefit — for example, needing to hire additional staff or invest in new equipment.
The proposed pattern would mean you cannot serve customers at the times or to the standard they expect.
The employee's workload cannot reasonably be redistributed to other team members without overburdening them.
You have tried or reasonably concluded that you cannot recruit someone to cover the gaps the new pattern would create.
The change would lead to a measurable reduction in the quality of work or service delivered.
The employee's own performance, or the team's collective output, would be materially harmed by the arrangement.
There is not enough work available during the hours or days the employee proposes to work.
The business is planning changes (such as a reorganisation or relocation) that conflict with the proposed arrangement.
Important: Genuine Consideration Required
Simply citing one of these eight reasons is not enough. Employment tribunals will look at whether you genuinely considered the request, held the mandatory consultation meeting, and whether the reason you gave is supported by evidence. A blanket “we don't do flexible working” approach will not stand up to scrutiny.
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Employer Response Template
Once you have considered the request and held the consultation meeting, you must respond in writing within two months of the date you received the request. Your written response must include:
- Your decision — whether you are approving the request in full, approving with modifications, or refusing it
- If approving — the agreed new working pattern, the start date, and confirmation that this constitutes a permanent change to the employee's terms and conditions (unless a trial period is agreed)
- If refusing — which of the eight statutory business reasons applies, a clear explanation of why that reason applies to this specific request, and confirmation that you held a consultation meeting (include the date)
- Appeal rights — information about how the employee can appeal the decision, including the deadline for submitting an appeal and who it should be addressed to
- Date of response — to demonstrate compliance with the two-month deadline
Keep the tone professional and respectful regardless of the outcome. Even where you are refusing, acknowledge the employee's request positively and explain your reasoning clearly. A well-written refusal letter reduces the risk of a grievance or tribunal claim.
How to Handle Requests: Step by Step
Here is the process you should follow from the moment a request lands on your desk:
Acknowledge Promptly in Writing
Send a written acknowledgement within a few days of receiving the request. Confirm the date you received it (this starts the two-month clock), let the employee know you will be arranging a consultation meeting, and give an indicative timeline for your decision.
Hold the Consultation Meeting
This is now mandatory before any refusal. Meet with the employee to discuss their request, understand their reasons, explore alternatives or compromises, and explain any concerns you have. Take notes and keep a written record of the discussion.
Consider Genuinely
Assess the request against the needs of the business. Consider whether a trial period might work — agreeing to try the arrangement for three months reduces risk for both sides and demonstrates good faith. Look at what adjustments you could make even if the full request is not feasible.
Respond in Writing Within Two Months
Send your formal written response using the template structure above. If you need more time, you can agree an extension with the employee in writing — but do not simply let the deadline pass.
Offer Appeal If Refused
If you refuse the request, provide clear information about the appeal process. The appeal should ideally be heard by a different, more senior manager. Keep the process straightforward and timely.
Common Mistakes Employers Make
Flexible working requests are one of the most common sources of employment tribunal claims related to process failures. Here are the mistakes we see most often:
Avoid These Pitfalls
- Treating all refusals the same — using a generic refusal letter without explaining how the specific business reason applies to this particular employee's request. Every refusal must be individualised.
- Missing the two-month deadline — under the 2026 rules, if you fail to respond within two months (without an agreed extension), the employee can take the matter to an employment tribunal. Diarise the deadline the moment you receive the request.
- Not holding the consultation meeting — this is now a mandatory step before refusal. Skipping it is a procedural failure that will almost certainly result in a successful tribunal claim, regardless of whether your business reason was valid.
- Not keeping records — failing to document the request, the consultation meeting, your decision-making process, and the outcome. If a claim is brought, you need a clear paper trail showing you followed the correct process.
Getting the process right is not difficult — it just requires attention to timelines and a genuine willingness to consider each request on its merits. Most requests can be accommodated with some adjustment, and the businesses that embrace flexible working tend to see improved retention and engagement.
Managing Different Working Patterns with TimeTally
Once you approve a flexible working request, the practical challenge begins: how do you track hours, calculate holiday entitlement, and manage schedules when your team is working a mix of patterns?
TimeTally is built for exactly this. Our time tracking handles different working patterns seamlessly — whether someone works compressed hours, a job share, or a hybrid arrangement. The holiday calculator automatically adjusts entitlements when working patterns change mid-year, and the pro-rata holiday calculator handles part-time staff who move from full-time to reduced hours (or vice versa) as a result of an approved flexible working request.
Combined with our leave management software, you get a complete picture of who is working when, how much holiday they have left, and whether your team coverage is where it needs to be.
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