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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.

✅ Verified August 2026📚 ERA 1996 · Employment Relations Act 2023🇬🇧 England, Wales & Scotlandukworkrights.co.uk
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 reinforces the duty to consider requests properly and give adequate reasons for refusal
  • 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

1
Put your request in writing

Include: the date, what change you want, when you want it to start, and the effect on your employer and how that might be dealt with.

2
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.

3
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.

4
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.

5
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

Describe your situation and get personalised guidance on making a request, handling a refusal, or appealing.

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 checker
Flexible Working Checker
ukworkrights.co.uk/flexibleworking.html

General rights guidance only — not legal advice · Verified August 2026 · © 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
Directed and published by Matt Thompson, founder
Content is produced with AI assistance and checked against primary sources including GOV.UK, ACAS and legislation.gov.uk before publication.
Contains public sector information licensed under the Open Government Licence v3.0.