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📋 Toolbox Talk · Employment Rights

Flexible Working:
Your Day One Right

How to request flexible working from day one, how the process works, what counts as a valid refusal, and how to appeal.

📅 Last reviewed: August 2026📚 ERA 1996 · Employment Relations Act 2023🇬🇧 England, Wales & Scotlandukworkrights.co.uk

⬇ Download free PDF

The right

What changed in 2023 and 2025

From 6 April 2024 all employees have the right to request flexible working from day one of employment — no qualifying period
You can make 2 requests per year (previously 1)
Your employer must respond within 2 months (previously 3)
Your employer must now consult with you before refusing — they cannot simply decline in writing
ERA 2025 will tighten the rules on refusing requests, but the government's timeline puts these flexible working changes in 2027
You can request: different hours, different times, different location (e.g. home working), compressed hours, part-time

💡 From day one

The qualifying period was removed in April 2024. You can submit a flexible working request on your first day of employment.

Valid refusal grounds

When can your employer say no?

The burden of extra costs that would damage the business
Inability to reorganise work among existing staff
Inability to recruit additional staff
Detrimental impact on quality
Detrimental impact on performance
Detrimental effect on the ability to meet customer demand
Insufficient work during the proposed hours
Planned structural changes to the business

⚠ Not a rubber stamp

Your employer must genuinely consider your request and consult with you. Ticking a box and citing a ground is not enough — they must explain how it applies to your specific request.

✅ Right to appeal

You have the right to appeal any refusal. Your employer should have an appeals process in their flexible working policy.

Making a request

How to request flexible working

Put your request in writing

Include: the date, what change you want and when you want it to start, a statement that this is a statutory request, and whether and when you made any previous request.

Your employer arranges a meeting

They must consult with you before making a decision. This is now mandatory — they cannot refuse without first discussing it with you.

They respond within 2 months

The full process — meeting, decision, appeal — must be completed within 2 months of your request unless you agree to extend.

If refused, request the reason in writing

They must state which of the 8 statutory business grounds they are relying on and explain why it applies.

Appeal if you disagree

Use the internal appeals process. If still refused and you believe the process was not followed correctly, you can bring a claim at an Employment Tribunal.

Common questions

Frequently asked questions

Can I request to work from home?

Yes — remote or hybrid working is a form of flexible working you can request. Your employer must consider it seriously and can only refuse on one of the 8 statutory business grounds. Post-pandemic, employers face greater scrutiny when refusing home working requests without good reason.

What if I'm refused because of my caring responsibilities?

If you believe your employer has refused in a way that indirectly discriminates against you because of a protected characteristic (e.g. sex, if you're a primary carer), you may have a discrimination claim in addition to any flexible working complaint.

Can I withdraw my request?

Yes, at any time before the decision is made. Note that it may still count as one of your two annual requests — check with your employer.

What if my employer ignores my request?

Failing to deal with a request within 2 months is a breach of the statutory procedure. You can bring a claim at an Employment Tribunal — compensation of up to 8 weeks' pay is available for procedural failures.

Free rights guidance

Check your flexible
working rights

Get plain-English guidance on your rights and your employer's legal duties.

ACAS

0300 123 1100

acas.org.uk

Working Families

Free helpline

workingfamilies.org.uk

Citizens Advice

0800 144 8848

citizensadvice.org.uk

UK Work Rights — Free guide

Flexible Working Requests in England, Wales and Scotland 2026

ukworkrights.co.uk/guide-flexible-working-gb.html

General rights guidance only — not legal advice · © UK Work Rights Ltd · Company No. 17228507 · ICO Registration No. ZC239465 · Registered office: 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ · hello@ukworkrights.co.uk
Published by UK Work Rights Ltd
Drafted with AI assistance, using official sources.
Contains public sector information licensed under the Open Government Licence v3.0.

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