How to handle a flexible working request

The basics

Every employee can ask for flexible working from their first day. That covers changes to their hours, the times they work, or where they work, such as part-time hours, compressed hours, a different shift, or working from home some of the time.

They can make 2 statutory requests in any 12 months. The request must be in writing, dated, say it's a statutory request, and set out the change and when they'd like it to start. They don't have to explain how it would affect your business.

You must deal with it reasonably, talk to them before refusing, and give your decision, including any appeal, within 2 months of receiving it. You can agree a longer period with them, in writing.

Step by step

1. Acknowledge the request in writing, and work out your decision date: 2 months from the day you received it.
2. Arrange a meeting to talk it through. They can bring a colleague or a trade union representative.
3. At the meeting, find out exactly what they're asking for, look at how it could work, and talk about any concerns and alternatives, including a trial period.
4. Decide. Agree it, agree a different arrangement or a trial, or refuse it for one or more of the 8 business reasons.
5. Write to them with the decision. If you agree, set out the new arrangement and that it's a permanent change, unless it's a trial. If you refuse, give the reasons and explain why they apply.
6. If you offer an appeal, deal with it within the same 2 months, unless you've agreed more time.

If they miss the meeting and a rearranged one without a good reason, you can treat the request as withdrawn. Tell them in writing if you do.

The 8 business reasons

You can only refuse for one or more of these reasons:

• the burden of additional costs
• a detrimental effect on ability to meet customer demand
• inability to re-organise work among existing staff
• inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes

Naming a reason isn't enough on its own. Explain, with facts, why it applies to this request: which days are busiest, how many people you need, what you tried. That's what a tribunal looks at, and it's what the employee needs to understand the decision.

Trial periods

If you're not sure it will work, agree a trial: say how long, what you'll look at, and when you'll review it. During the trial the contract doesn't change.

If the trial runs past your 2-month decision date, agree a later date with the employee in writing before the deadline passes.

Discrimination risks

Refusing can be indirect sex discrimination, for example where the request is for childcare. Think about whether a refusal is a proportionate way to meet a real business need.

If the employee is disabled, you have a separate and stronger duty to make reasonable adjustments, which may include changing their hours or place of work. Don't treat it only as a flexible working request.

What's changing in autumn 2027

Under the Employment Rights Act 2025, you'll only be able to refuse if refusing is reasonable, and you'll need to follow a set procedure: tell the employee the purpose of the meeting in advance, discuss how the request could work and any alternatives, and confirm the outcome in writing. Acas will update its Code of Practice before then.

The government expects this to start in autumn 2027. If you already explain your reasons properly and look at alternatives, you're most of the way there.

If it goes wrong

An employee can bring a tribunal claim if you don't deal with the request properly, miss the deadline without agreement, or refuse for a reason that isn't one of the 8. Compensation is up to 8 weeks' pay, capped. A discrimination claim has no cap.

They can't be treated badly or dismissed for making a request. See tribunal time limits for how long they have to claim.