Right to Request Flexible Working UK 2026: What Employers Need to Know
The right to request flexible working changed significantly in April 2024. Here is what the new rules mean for employers — including how to handle requests, the grounds for refusal, and the impact on leave management and scheduling.
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What Changed in April 2024
The Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024, making significant changes to the right to request flexible working in the UK. If you have not yet updated your processes, you need to do so now — these changes are already in effect.
Here are the key changes at a glance:
| Aspect | Before April 2024 | From April 2024 |
|---|---|---|
| Eligibility | 26 weeks' continuous service required | Day-one right — no qualifying period |
| Number of requests | One request per 12 months | Two requests per 12 months |
| Response deadline | 3 months | 2 months |
| Employer must explain impact | No requirement | Must consult with the employee before refusing |
| Employee must explain business impact | Employee had to explain how the request could be accommodated | No longer required |
The overall direction is clear: the government wants flexible working to be the default starting point, not something employees have to justify. As an employer, your obligation is to take every request seriously and only refuse it if you have a genuine business reason.
Types of Flexible Working
Flexible working is broader than most people assume. It does not just mean working from home. The law covers requests for any change to the terms and conditions of employment relating to:
- Hours of work — reducing hours (part-time), compressed hours (e.g. four longer days instead of five), or annualised hours
- Times of work — changing start and finish times, flexitime, or staggered hours
- Place of work — working from home, a different office, or a hybrid arrangement
- Pattern of work — job sharing, term-time working, or shift swaps
An employee might request any combination of these. For example, a parent might ask to work from home two days a week and finish at 3pm on Fridays. A carer might request compressed hours so they have Wednesdays free.
How to Handle a Flexible Working Request
When you receive a flexible working request, follow this process. For a ready-made form your employees can use, download our free flexible working request template.
Acknowledge the request promptly
Confirm receipt in writing. Note the date — you now have two months (not three) to make a decision, including any appeal.
Arrange a consultation meeting
This is now a legal requirement before refusing. Meet with the employee to discuss their request, understand their needs, and explore how it could work. The employee may bring a companion (a colleague or trade union representative).
Consider the request genuinely
Look at the practical implications. Could the role be done on the proposed pattern? What adjustments would be needed? Could a trial period work? Consider alternatives if the exact request is not feasible.
Make your decision
Either approve the request (in full or with modifications agreed with the employee), or refuse it on one of the eight permitted business grounds. Communicate the decision in writing.
Offer an appeal route
While not strictly required by law, offering an appeal process is good practice and reduces the risk of tribunal claims. Keep the appeal within the two-month deadline.
The Eight Business Reasons for Refusal
You can only refuse a flexible working request on one or more of these eight grounds, set out in the Employment Rights Act 1996:
Burden of additional costs
The change would impose costs that the business genuinely cannot absorb.
Detrimental effect on ability to meet customer demand
The proposed pattern would harm your ability to serve customers or clients at the times they need.
Inability to reorganise work among existing staff
There is no practical way to redistribute the employee's work to cover the proposed pattern.
Inability to recruit additional staff
You would need to hire someone to cover, but it is not feasible to do so (e.g. specialist role, budget constraints).
Detrimental impact on quality
The proposed arrangement would reduce the quality of the work or service delivered.
Detrimental impact on performance
The employee or the team's performance would suffer under the proposed arrangement.
Insufficiency of work during the periods the employee proposes to work
If the employee wants to work at specific times, there may not be enough work to justify those hours.
Planned structural changes
The business is planning changes that would conflict with the proposed arrangement.
Important: You Must Give Reasons
If you refuse a request, you must explain which of the eight grounds applies and why. A vague refusal such as “it would not work for the business” is not sufficient. Be specific about the operational impact. Keep records of your reasoning — if the decision is challenged at a tribunal, you will need to demonstrate that you considered the request properly and consulted with the employee.
Trial Periods
One of the most effective tools for handling flexible working requests is the trial period. Rather than making a permanent decision immediately, you can agree a trial of, say, three or six months to test whether the proposed arrangement works in practice.
Trial periods work well because they:
- Reduce the risk for both parties — neither side is locked in permanently
- Provide real evidence rather than speculation about whether the arrangement will work
- Make it easier to say “yes” to requests you are uncertain about
- Give you defensible grounds if you ultimately decide the arrangement does not work
If you use a trial period, agree clear success criteria upfront. What does “working” look like? How will you measure it? Schedule a review meeting before the trial ends.
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Impact on Leave Management
Flexible working has a direct impact on how you manage leave. When employees work different patterns, you need to adjust:
Annual Leave Entitlement
If an employee moves from full-time to part-time as part of a flexible working arrangement, their annual leave entitlement must be recalculated on a pro-rata basis. For example, an employee moving from five days to three days per week would have their entitlement adjusted from 28 days to 16.8 days (28 x 3/5). TimeTally's leave management software handles pro-rata calculations automatically, so you do not have to work these out manually. See our UK annual leave entitlement guide for the full picture.
Team Calendar and Coverage
When team members work different patterns, a shared team calendar becomes essential. You need to see at a glance who is working when, who is on leave, and where there are potential coverage gaps. A staff holiday tracker with a team calendar view makes this visible across the whole team.
Leave Approval
With varied working patterns, leave approval becomes more complex. A request for Monday off has different coverage implications depending on which team members work Mondays. Dedicated leave management software with approval workflows helps managers make informed decisions quickly.
Bank Holiday Adjustments
Part-time employees who do not work on a day when a bank holiday falls may be entitled to time off in lieu or a pro-rata number of bank holidays. Your policy needs to address this, and your leave tracking system needs to handle it correctly.
Common Employer Mistakes
Avoid these common errors when handling flexible working requests:
Mistakes to Avoid
- Refusing without consulting — since April 2024, you must consult with the employee before refusing. Skipping this step is a procedural failure.
- Missing the two-month deadline — if you do not respond within two months (including any appeal), the employee can take the matter to a tribunal.
- Using a reason not on the list — you can only refuse on the eight statutory grounds. “We have never done it that way” is not one of them.
- Treating it as a formality — rubber-stamping refusals without genuine consideration exposes you to tribunal claims and damages employee relations.
- Forgetting to adjust leave entitlement — if you approve a change to working hours or days, you must recalculate annual leave pro-rata.
- Inconsistency — approving flexible working for some employees but refusing similar requests from others without clear justification risks indirect discrimination claims.
Discrimination Considerations
Flexible working requests frequently intersect with protected characteristics under the Equality Act 2010. Be particularly aware of:
- Sex discrimination — women are more likely to request flexible working for childcare reasons. A blanket refusal policy could constitute indirect sex discrimination.
- Disability — flexible working may be a reasonable adjustment for a disabled employee. If so, refusing it may be unlawful disability discrimination, regardless of the eight business grounds.
- Age — older workers approaching retirement may request reduced hours. Consider these requests on their individual merits.
- Religion or belief — requests related to religious observance (e.g. finishing early on Fridays) should be considered carefully.
The safest approach is to consider every request individually on its merits, document your reasoning thoroughly, and seek legal advice if you are unsure.
Managing Flexible Teams Effectively
Once you have approved flexible working arrangements, the operational challenge shifts to managing a team with varied working patterns. This is where the right tools make a significant difference.
TimeTally's leave management software supports teams with diverse working patterns. It automatically calculates pro-rata leave entitlements, provides a team calendar showing who is working and who is off, handles approval workflows, and supports custom leave types. At £2 per employee per month with export to Xero, QuickBooks, or CSV, it gives you the visibility you need without the administrative burden.
Summary
The right to request flexible working is now a day-one right for all UK employees. As an employer, you need a clear process for handling requests, genuine consideration of each case, and the operational tools to manage teams with varied working patterns.
Key takeaways:
- Since April 2024, employees can request flexible working from day one — no 26-week qualifying period
- Employees can now make two requests per 12 months (up from one)
- You must respond within two months and consult before refusing
- You can only refuse on one of the eight statutory business grounds
- Trial periods are your friend — use them to reduce risk
- Flexible working directly impacts leave entitlements, so recalculate pro-rata when patterns change
- Use a team calendar and leave management software to maintain visibility across varied working patterns
Related resources:
- Leave Management Software
- Staff Holiday Tracker
- Leave Management for Small Business
- UK Annual Leave Entitlement Guide
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