Flexible working is no longer a perk for favoured staff. Since 6 April 2024, every employee in England, Scotland and Wales has had a statutory right to ask for flexible working from their first day in the job — and as a small employer you must handle each request on a two-month clock, or face a tribunal claim. This guide explains the rules as they stand in 2026: who can ask, what they can ask for, the deadlines, the only eight lawful reasons to refuse, and the changes coming in autumn 2027.
What is a flexible working request?
A statutory flexible working request is a formal, written application from an employee to change how, when or where they work. It is a right to request, not a right to receive: you do not have to agree to every request. But you must deal with each one in a “reasonable manner” and give a decision within two months. The framework sits in the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023, with the Acas Code of Practice as the practical standard tribunals apply. The rules cover England, Scotland and Wales; Northern Ireland has separate rules.
Who can ask, and how often?
The April 2024 reforms swept away the old restrictions. Any employee can make a statutory request from day one of employment — there is no longer a 26-week qualifying period, so a new starter can ask in their first week. Employees can make up to two statutory requests in any 12-month period, with only one live at a time, and since April 2024 they no longer have to explain the effect on your business. The right belongs to employees only. Because a request can arrive at any point, keep a clear flexible working policy in your handbook — our guide to how to hire your first employee covers the legal steps for every hire.
What can employees ask for?
A statutory request can ask for a change to working hours, working times or place of work: part-time working, with pay and holiday reduced pro rata; flexitime or staggered hours; compressed hours, such as four longer days instead of five; hybrid or home working; job sharing; term-time working; or annualised hours. It cannot ask for a change to pay, duties or grade, although fewer hours will usually mean pro-rated pay and leave.
What must a request contain?
A statutory request must be in writing — an email is fine — and must include the date, the change requested, the start date they want, and whether they have made a previous application to you and when. If a detail is missing, it may not be valid — but rejecting a request over a technicality when you understood what was wanted will look like unreasonable handling to a tribunal. Point out the missing detail, ask them to confirm it in writing, and start the clock from the corrected request.
Your duties: the two-month clock
Once a valid request arrives, three duties apply. First, deal with it in a reasonable manner, following the Acas Code of Practice. Second, consult the employee before refusing: a flat written refusal with no discussion breaches the statutory procedure. Third, give your decision — including any appeal outcome — within two months, unless you and the employee agree in writing to extend the period. Two months passes quickly in a small business, so diarise the deadline on day one. The Acas Code recommends written records of every discussion, decisions in writing, and an opportunity to appeal — there is no separate statutory right of appeal, but a tribunal will notice if you did not offer one. When you agree a request, update the contract and give written notice of the change within one month; our guide to UK employment contract requirements explains what a compliant contract must contain.
The eight lawful reasons to refuse
You can only refuse for one or more of eight business reasons set out in the legislation: the burden of additional costs that would damage the business; a detrimental effect on the 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 periods the employee proposes to work; and planned structural changes to the business. A refusal based on any other reason is unlawful — “I would rather not” is not on the list. These are not magic words to paste into a refusal letter: at a tribunal you must show the ground was genuine and that you actually considered the request, so keep a short written note of why it applies — which customers would be affected, what cover you tried to arrange, what the cost would be. And a refusal can be lawful under the flexible working rules yet still be unlawful discrimination: refusing reduced hours can disproportionately affect women with childcare responsibilities, and an indirect sex discrimination claim has no cap on compensation.
Trial periods and alternatives
Many requests do not need a simple yes or no. A trial period — say, three months of the new pattern, with a review date agreed in writing — lets both sides test whether it works before it becomes permanent. If you cannot agree to the exact pattern, discuss alternatives: different days, a shorter trial, a hybrid split, or a later start date. Put trial terms in writing so there is no argument later about what was agreed.
What happens if you get it wrong?
An employee cannot complain to a tribunal just because their request was refused. They can complain if you handled it unreasonably, wrongly treated their application as withdrawn, dismissed them or treated them badly because of the request, or failed to decide within two months. A successful complaint can lead to an order to reconsider the application, or compensation of up to eight weeks’ pay — a week’s pay is capped at £751 from 6 April 2026, so the maximum award is £6,008. The time limit is six months less one day from the date the employee heard your decision, where the act happened on or after 1 October 2026 (before that date it was three months), and employees must contact Acas for early conciliation first. The award is modest, but the real cost is management time, damaged trust, and the risk of an uncapped discrimination claim. The same discipline — written records, a fair process, decisions explained in writing — protects you in a disciplinary procedure, where the Acas Code sets the standard a tribunal judges you against.
What changes in autumn 2027?
The Employment Rights Act 2025 will tighten the rules further. The government’s consultation response of 15 September 2026 confirmed two changes expected from autumn 2027, likely October 2027: a new reasonableness test — you will only be able to refuse where it is reasonable to do so, and must explain why relying on one of the eight grounds is reasonable — and a statutory meeting before any refusal, within the two-month period. Acas consulted on a revised Code of Practice from 1 October 2026 and is expected to publish guidance on the reasonableness test before the end of 2026. None of this is in force yet, but the safest course is to handle requests the 2027 way now: always meet the employee, discuss alternatives, and write down why a refusal is reasonable.
A practical process for small employers
A simple written process keeps you compliant. When a request arrives: acknowledge it in writing the same day and diarise the two-month deadline; check it is valid and ask promptly for anything missing; meet the employee within a week or two to discuss the request and alternatives; test the business impact honestly — cover, cost, customer demand and quality; decide and write to the employee within two months, stating the decision, the reasons and the right to appeal; hear any appeal promptly and confirm the outcome in writing; and update the contract within one month, keeping the whole file. Requests often arrive alongside other sensitive situations — an employee returning after long-term sickness absence may ask for reduced hours or a phased return, which can overlap with your duty to consider reasonable adjustments.
Common mistakes small employers make
- Refusing without a meeting. A paper refusal with no discussion is a breach of the procedure.
- Missing the two-month deadline. The clock includes any appeal, so start immediately.
- Using a reason that is not one of the eight. “It would set a precedent” is not a lawful ground.
Frequently asked questions
How long do I have to decide?
Two months from the date you receive the request, including any appeal, unless you and the employee agree a longer period in writing.
Can I refuse because I prefer everyone in the office?
No — a preference is not one of the eight statutory grounds. You need a genuine business reason, and from autumn 2027 the refusal must also be reasonable.
Flexible working is one of those areas where good process is good business. Employees who feel their request was heard fairly — even when the answer is no — are far more likely to stay. Put a short policy in your handbook, diarise every deadline, and treat each request as a conversation, not a confrontation.
Related reading: our guides to UK employment contract requirements, the disciplinary procedure for small businesses, managing long-term sickness absence and return to work, and how to hire your first employee in the UK.
