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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 July 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 July 2026 · © UK Work Rights Ltd · Company No. 17228507