Guide

Flexible working requests: Employer obligations under the new rules

Learn what UK employers must do when staff request flexible working.

Written by Shaun Quarton—Accounting & Finance Content Writer and Growth Marketer. Read Shaun's full bio

Published Friday 21 August 2026

Key takeaways

Every UK employee has the right to request flexible working from day one of employment.
You must consult with the employee and respond to a flexible working request within two months.
The Employment Rights Act 2025 introduces a reasonableness test that makes it harder to refuse requests without evidence.
Non-compliance can lead to employment tribunal claims and compensation of up to eight weeks' pay (currently capped at £751 per week, making the maximum award £6,008)

What is a flexible working request?

A flexible working request is a formal application from an employee asking to change when, where, or how they work. As a small business owner, you're likely to receive these requests more often as flexible working becomes the norm across UK workplaces.

Types of flexible working

Flexible working covers a broad range of arrangements. Your employee might ask for any of the following changes.

Part-time hours: reducing the number of hours worked each week
Compressed hours: working the same total hours over fewer days, such as a four-day week
Flexitime: choosing when to start and finish work, within agreed limits
Remote or hybrid working: working from home or another location for some or all of the week
Job sharing: splitting a full-time role between two people
Staggered hours: different start, finish, and break times from other staff

Statutory and informal requests

There's a difference between a statutory flexible working request and an informal arrangement. A statutory request is made in writing and triggers specific legal obligations for you as the employer. An informal request, on the other hand, is a casual conversation about adjusting a working pattern without going through the formal process.

Both types matter, but this guide focuses on statutory requests because those carry legal responsibilities you need to follow.

Who can make a flexible working request?

Every employee in the UK has the legal right to request flexible working from their first day of employment. This day-one right came into effect on 6 April 2024 under the Employment Relations (Flexible Working) Act 2023, replacing the old rule that required 26 weeks of continuous service.

Here's what you need to know about eligibility.

Any employee can apply. The right covers all employees, regardless of their role, hours, or length of service.
They can make two requests per year. An employee can make up to two statutory flexible working requests in any 12-month period.
There’s no need to explain business impact. Employees are no longer required to set out how their request might affect your business. They simply need to state what change they want and when they'd like it to start.

This means you should expect requests from day one. Having a clear process in place helps you respond quickly and stay compliant.

What are your obligations as an employer?

When you receive a flexible working request, you must handle it in a reasonable manner and respond within two months. This is not optional. The law sets out specific duties you must follow, and failing to meet them could result in a tribunal claim.

Your core obligations include the following.

Consult before refusing. You must discuss the request with the employee before turning it down. A refusal without consultation is likely to be considered unreasonable.
Consider each request on its merits. You cannot apply blanket policies such as 'no one works from home' or 'all staff must be in the office five days a week'. Each request must be assessed individually.
Explore alternatives. If you cannot agree to the exact request, you should consider whether a modified arrangement could work, such as a trial period or a partial change.
Respond in writing. Your decision, along with the reasons behind it, must be communicated in writing within two months of receiving the request.
Provide an appeal process. If you refuse a request, the employee should have a way to appeal your decision.

Consultation process

Consultation is at the heart of handling a flexible working request properly. It's not enough to read the request, decide it doesn't work, and send a rejection letter.

A genuine consultation involves these steps.

Meet with the employee to discuss their request and understand what they need.
Consider the impact on your business, including workload, customer demand, and team capacity.
Explore alternative arrangements if the original request is not feasible.
Give the employee a chance to respond to any concerns you raise.
Make your decision based on the full picture, not assumptions.

Keeping a written record of each stage protects you if the decision is later challenged. Even a short email confirming what was discussed can serve as evidence that you followed a fair process.

What changes does the Employment Rights Act 2025 bring?

The Employment Rights Act 2025 introduces a new reasonableness test that requires you to justify why refusing a flexible working request is reasonable. These changes are expected to come into force through secondary legislation, with implementation anticipated in 2027.

Under the current rules, you can refuse a request by citing one of eight permitted business reasons. The new law goes further: you'll need to show that your refusal is not only based on a valid reason but that the refusal itself is reasonable in the circumstances.

Here's what this means in practice.

Use evidence-based reasoning. You'll need to explain why the specific request cannot work for your business, with reference to actual operational evidence rather than general assumptions.
Avoid blanket refusals. Standard-form rejection letters that cite a business reason without further explanation are likely to be challenged successfully.
Document your decision-making. Keeping records of the consultation, the factors you considered, and why you reached your conclusion will be essential.
Prepare for enhanced tribunal remedies. If a tribunal finds you acted unreasonably, the remedies available to the employee may be stronger under the new framework.

For small businesses, this shift means you should start reviewing your processes now rather than waiting for the regulations to take effect. Building a habit of consulting properly and documenting decisions will put you in a strong position when the new rules arrive.

When can you refuse a flexible working request?

You can refuse a flexible working request, but only for one of eight permitted business reasons set out in employment legislation. You must also show that your refusal is reasonable, particularly once the Employment Rights Act 2025 changes take effect.

The eight grounds for refusal are as follows:

The burden of additional costs
A detrimental effect on your 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
Insufficient work during the proposed working hours
Planned structural changes to the business

Simply naming one of these reasons is not enough. You should be able to point to specific evidence, such as staffing rotas, customer service data, or financial projections, that supports your decision.

Common mistakes when refusing requests

Small businesses sometimes run into trouble by taking shortcuts. These are the most frequent errors to avoid.

Applying blanket policies: Refusing all remote working requests without considering each one individually is a common pitfall.
Skipping consultation: Sending a rejection without meeting the employee first leaves you exposed to a tribunal claim.
Failing to document reasons: If you cannot show what evidence you considered, a tribunal may conclude you acted unreasonably.
Using generic template refusals: Copy-and-paste rejection letters that don't address the specific request are unlikely to hold up under the new reasonableness test.
Not exploring alternatives: Even if the exact request doesn't work, you should consider whether a modified version could. For example, if full-time remote working isn't feasible, a hybrid arrangement might be.

What happens if you get it wrong?

If you don't follow the correct process, your employee can take you to an employment tribunal. Tribunal claims related to flexible working requests are straightforward for employees to bring, and the consequences for employers can be significant.

Here's what you could face.

Compensation: up to eight weeks' pay (currently capped at £751 per week, maximum £6,008).
Reconsideration: the tribunal can require you to reassess the request again, following proper process this time.
Protection from detriment: employees cannot be treated unfairly for making a request; demotion, exclusion, or retaliation could trigger a separate claim.
Unfair dismissal: dismissal for making a flexible working request is automatically unfair, regardless of length of service.

Beyond the legal costs, getting it wrong can damage your reputation as an employer. Staff talk, and a pattern of mishandled requests makes it harder to attract and keep good people. For a small business, losing a valued team member over a poorly managed process is a cost you can avoid.

How to handle a flexible working request step by step

Following a clear process helps you meet your legal obligations and makes the experience smoother for everyone involved. Here's a practical guide you can follow each time you receive a request.

Acknowledge the request in writing. Confirm you've received it and let the employee know the next steps. Do this within a few days.
Arrange a meeting. Set up a time to sit down with the employee, either in person or remotely, to discuss the request in detail.
Consider the request against your business needs. Look at how the proposed change would affect staffing, customer service, workload distribution, and costs. Use real data where you can.
Explore alternatives. If the request as stated doesn't work, think about what could. A trial period, adjusted hours, or a partial arrangement might solve the problem for both sides.
Make your decision with documented reasoning. Write down the factors you considered, the evidence you relied on, and why you reached your conclusion. This protects you if the decision is later questioned.
Communicate the outcome in writing within two months. If you're approving the request, confirm the new working arrangement and when it starts. If you're refusing, set out the business reason and the evidence behind it.
Offer an appeal process. If the request is refused, let the employee know how they can appeal. This is good practice and demonstrates you're handling the process fairly.

Taking the time to follow these steps may feel like a lot when you're busy running your business. But a well-managed process protects you legally and shows your team that you take their requests seriously. You can find more guidance on the employment allowance to help with your staffing costs.

For additional detail on the statutory process, the Acas code of practice on flexible working is a helpful reference.

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FAQs on flexible working requests

Here are answers to common questions employers have about flexible working requests.

Can an employer refuse a flexible working request?

Yes, but only for one of eight permitted business reasons, and the refusal must be demonstrably reasonable. If an employee believes your reason is not genuine, they can raise a grievance or bring an employment tribunal claim.

How long does an employer have to respond to a flexible working request?

You must respond within two months of receiving the request, including completing any consultation and appeals within that period. You can extend this deadline if both parties agree.

Can an employee make more than one flexible working request?

An employee can make up to two statutory flexible working requests in any 12-month period. Each request must be handled separately and assessed on its own merits.

Does the right to request flexible working apply from day one?

Yes, the day-one right has applied since 6 April 2024, meaning you should be ready to handle requests from any employee regardless of how long they have been with you.

What is the Employment Rights Act 2025?

The Employment Rights Act 2025 is UK legislation that introduces a reasonableness test for flexible working refusals, requiring employers to justify why a refusal is reasonable rather than simply citing a business reason. The relevant provisions are expected to come into force in 2027.

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