UK Flexible Working Request (2026/27): Day-One Right + How to Win the Conversation
Flexible working requests 2026/27 in Great Britain: day-one right, 2 requests a year, 2-month decision, the 8 refusal grounds and what changes under the Employment Rights Act 2025.
What changed on 6 April 2024
- Day-one right - the 26-week qualifying period was removed (Flexible Working (Amendment) Regulations 2023).
- 2 requests in any 12 months - up from 1 (Employment Relations (Flexible Working) Act 2023).
- No need to explain the impact - employees no longer have to set out the effect on the employer or how to deal with it.
- 2-month decision period - down from 3 months, including any appeal.
- Consultation before refusal - the employer must consult you before refusing (ERA 1996 s.80G(1)(aza)).
The employer still decides. The law requires a fair process and one of the 8 statutory grounds for a refusal, not acceptance. These rules cover England, Wales and Scotland; Northern Ireland has separate legislation.
The 8 statutory refusal grounds
| Ground (ERA 1996 s.80G(1)(b)) | Example |
|---|---|
| The burden of additional costs | For example extra supervision, equipment or cover. |
| Detrimental effect on ability to meet customer demand | For example reduced cover during opening hours in a customer-facing role. |
| Inability to reorganise work among existing staff | Gaps left by the requested pattern cannot be covered by the current team. |
| Inability to recruit additional staff | Extra or replacement cover cannot be found. |
| Detrimental impact on quality | The pattern would reduce the quality of the work. |
| Detrimental impact on performance | The pattern would reduce performance. |
| Insufficiency of work during the periods the employee proposes to work | There is not enough work at the requested times. |
| Planned structural changes | A planned reorganisation would make the pattern unworkable. |
A refusal must rest on one or more of these grounds and be notified with the business reasons. The Secretary of State can add grounds by regulations.
Making a strong request
- Include what the law requires - the date, a statement that it is a statutory request, the change you want and when it should start, and whether and when you made a previous request.
- Propose a specific pattern - "office on Monday and Wednesday, home Tuesday, Thursday and Friday" is easier to agree than "more flexibility".
- Address likely concerns - no longer required, but explaining how meetings and cover will work makes agreement easier.
- Offer a trial - if agreed, put in writing that it is a trial and what happens at the end, because an agreed statutory request otherwise changes your contract.
- Offer alternatives - a second-choice pattern gives the employer something to agree to.
- Get it in writing - the outcome letter and the contract change.
- Keep notes - of meetings and what was said, in case a dispute arises later.
Related guides
- UK Shared Parental Leave 2026/27 - returning from parental leave + flex requests.
- UK Employment Contract Red Flags 2026/27 - mobility clauses + flexible working.
- UK Probation Period Rights 2026/27 - flex request during probation.
- UK Working From Home Tax Relief 2026/27 - tax implications of WFH.
- UK Salary Negotiation 2026/27 - negotiating flex alongside pay.
Frequently asked questions
When can I make a flexible working request?
From your first day with an employer. Since 6 April 2024 there is no 26-week qualifying period, you can make 2 statutory requests in any 12-month period, and you no longer have to explain what effect the change would have on the employer or how to deal with it. These rules apply in England, Wales and Scotland; Northern Ireland has its own rules.
What can I ask for?
A change to the number of hours you work, when you start or finish, the days you work, or where you work. That covers part-time work, job sharing, compressed hours (such as a 9-day fortnight), flexitime, annualised or staggered hours, and remote or hybrid working. If the employer agrees, it must change your contract, so an agreed statutory request is a permanent change unless you agree otherwise, for example a trial period or a time limit.
How long does the employer have to decide?
The employer must make its decision, including any appeal, within 2 months of the request, unless you agree a longer period. It must discuss the request with you before refusing it and deal with it in a reasonable manner. You can complain to an employment tribunal if the employer does not notify a decision within that period.
On what grounds can the employer refuse?
Only on one or more of the 8 grounds in Employment Rights Act 1996 s.80G(1)(b): the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods proposed; planned structural changes. The test is that the employer considers a ground applies. A tribunal claim cannot be brought just because the request was refused, but it can if the refusal was based on incorrect facts or the request was not handled reasonably.
Can I appeal a refusal?
There is no statutory right of appeal, but many employers offer one and GOV.UK gives offering an appeal as an example of handling a request reasonably. You can complain to an employment tribunal if the employer did not handle the request reasonably, refused it on incorrect facts, wrongly treated it as withdrawn, or treated you badly because you asked. The tribunal can order the employer to reconsider and award compensation of up to 8 weeks' pay, with a week's pay capped at £751 from 6 April 2026 (a maximum of £6,008). Discrimination claims under the Equality Act 2010 are separate and their compensation is not capped.
Can a refusal be discriminatory?
It can be. Refusing a request can be indirect sex discrimination if a working requirement puts women at a particular disadvantage, for example because of childcare, and the employer cannot show it is a proportionate means of achieving a legitimate aim. Refusing a pattern that would be a reasonable adjustment for a disabled employee can breach the duty to make adjustments. Get advice from Acas or a solicitor on your facts.
What should a written flexible working agreement cover?
GOV.UK says the employer should write to you with a statement of the agreed changes and a start date, and change your contract no later than 28 days after the request was approved. It is also worth recording the exact days, hours and location, any review or trial arrangement, how bank holidays work for your pattern, and any effect on pay, holiday or pension if your hours change.
What does the Employment Rights Act 2025 change?
Section 9 of the Employment Rights Act 2025 amends section 80G so that an employer may refuse only if it considers a listed ground applies and it is reasonable to refuse on that ground, and the refusal notice must state the ground and explain why refusing is reasonable. legislation.gov.uk shows these amendments commenced on 6 January 2026 only for specified purposes (SI 2026/3), so check whether they are in force for requests before relying on them.