Any employee can ask their employer to change when, where or how much they work, and the request can be made from the first day of a job. This guide sets out how the statutory process runs, what an employer must do in response and what happens if a request is turned down.
What is a statutory flexible working request?
According to GOV.UK, all employees have the legal right to request flexible working, and they can do so “from their first day in a job”. The request can cover the number of hours worked, start and finish times, the days worked, or where the work is done.
It is a right to ask, not a right to receive. Employers must handle the request in a “reasonable manner”, and they may refuse it if there is a good business reason. That distinction shapes everything that follows: the law regulates the process and the permitted grounds for refusal, not the outcome in any individual case.
GOV.UK notes that the rules differ in Northern Ireland, so this guide describes the position in Great Britain.
How many requests can you make, and how do you make one?
Under the Acas Code of Practice, an employee can make two statutory requests in any 12-month period. GOV.UK gives the same limit. A request is “statutory” only if it is made in writing and says so, which is why the wording matters.
GOV.UK says the email or letter should include:
- the date of the request;
- a statement that it is a statutory request for flexible working;
- the working arrangement the employee wants and the proposed start date;
- whether a previous application has been made and, if so, when.
Acas provides a template, and employers may ask staff to use their own standard form. An informal chat with a manager can be perfectly sensible, but it does not start the statutory clock.
A worked example of the two-request limit
Illustrative arithmetic: an employee sends a statutory request on 1 March and another on 1 September. Both fall in the same 12-month window, so the allowance for that window is used up. A third request would have to wait until the earliest of the two has aged out of the 12-month period, which is 1 March the following year. Each request, including its appeal where one is offered, has to be settled within the two-month decision period described below, so a rejected employee is not left waiting indefinitely.
What must an employer do once a request arrives?
The Acas Code says employers “must not reject a request without first consulting the employee”, and that a consultation meeting should be arranged with the time and place notified in advance. GOV.UK describes the same duty: an employer must have discussed the request with the employee before refusing it, and should assess the advantages and disadvantages and discuss possible alternatives.
The decision must be communicated within two months of the employer first receiving the request. According to the Acas Code, that period covers any appeal as well, and it can be extended only if both sides agree, ideally confirmed in writing.
If the request is accepted, GOV.UK says the employer writes with a statement of the agreed changes and a start date, and updates the contract as soon as possible and no later than 28 days after approval.
Which reasons can an employer lawfully give for saying no?
A refusal must rest on one or more of the reasons set out in the rules. GOV.UK lists eight:
| Permitted reason | In plain terms |
|---|---|
| Extra costs | The change would add costs that damage the business |
| Reorganising work | The work cannot be shared out among other staff |
| Recruitment | People cannot be recruited to do the work |
| Quality | The change would harm quality |
| Performance | The change would harm performance |
| Customer demand | The business could not meet demand |
| Lack of work | There is not enough work in the proposed periods |
| Planned changes | The business is planning workforce changes |
Acas provides outcome letter templates for both decisions. A sensible refusal names the specific reason and explains it, which also puts the employer in a stronger position if the matter is later examined.
Is there a right of appeal?
Not by statute. GOV.UK states that employees no longer have a statutory right to appeal, and the Acas Code says plainly that “there is no statutory right of appeal against a decision about a request for flexible working”. The Code nonetheless treats an appeal as good practice, preferably heard impartially by a manager who was not previously involved.
In practice, that means checking the employer’s own policy. If one exists, GOV.UK says the employee must follow the company’s procedures for appealing.
When can a tribunal get involved?
A tribunal cannot overturn a refusal simply because the employee disagrees with it. GOV.UK states that employees “cannot complain to a tribunal just because their flexible working request was refused”. A complaint is possible where the employer:
- did not handle the request in a reasonable manner;
- wrongly treated the application as withdrawn;
- dismissed the employee or treated them poorly because of the request, such as refusing a promotion or pay rise;
- refused the application based on incorrect facts.
On timing, GOV.UK says a complaint must usually be made within six months of hearing the decision, hearing that the request was treated as withdrawn, or the date the employer should have responded but did not. It adds that if the problem happened before 1 October 2026, the employee may need to complain within three months. Because deadlines are strict, anyone in this position should seek advice early, for example from Acas on its helpline (0300 123 1100, as listed on its website).
The Code also explains one way a request can lapse: if an employee misses a consultation meeting and a rearranged one without good reason, the employer may treat the request as withdrawn, but must say so in writing.
How does flexible working connect to other workplace rights?
Flexible working rarely sits alone. Arrangements can be a practical response to health needs, as discussed in our guide to menopause at work and the support employers can offer. They matter around family leave too, since a return from leave is a common moment to ask for different hours; the statutory maternity leave and pay explainer covers the leave itself.
There is a wider context as well. Working patterns are one of the reasons pay and progression differ between groups, a subject unpacked in what the gender pay gap figure measures. And if a request is met with unwelcome behaviour, separate duties apply, which are covered in the sexual harassment duty changes taking effect on 30 October 2026.
What makes a request easier to grant?
The law does not prescribe how to word a request, but the structure of the process suggests a few habits that help:
- Be specific. State the exact hours, days or location and the proposed start date, as the required contents imply.
- Anticipate the listed reasons. Since an employer can refuse only on the grounds above, addressing cost, cover and customer demand in advance answers the questions likely to arise at consultation.
- Offer alternatives. GOV.UK lists discussing alternatives as part of reasonable handling, so a fallback position keeps the conversation open.
- Keep it in writing. Dates matter for the two-month window, the 12-month allowance and any tribunal deadline.
- Attend the meeting. Missing consultation meetings without good reason can lead to the request being treated as withdrawn.
A right to ask, with rules about how the answer is reached
The statutory right is narrower than it sounds but more useful than it first appears. It guarantees a written request, a genuine discussion, a decision within two months and an answer that rests on one of eight listed grounds. It does not guarantee the outcome. Acas has said it will update its Code to reflect law changes expected in 2027, so the detail is worth rechecking on the official pages before acting.
This article is general information based on published guidance, not legal advice. For help with a specific situation, contact Acas, a trade union or a legal adviser.
Sources: GOV.UK (Flexible working: overview); GOV.UK (Flexible working: applying); GOV.UK (Flexible working: after the application); GOV.UK (Flexible working: appeals); Acas (Code of Practice on requests for flexible working)
