The statutory right to request flexible working lives in Part 8A of the Employment Rights Act 1996, introduced by section 80F and amended most recently by the Employment Relations (Flexible Working) Act 2023. Since 6 April 2024 the right applies from the first day of employment, removing the old twenty-six-week service requirement, and an employee may now make two statutory requests in any rolling twelve-month period rather than one. To qualify as a statutory request, the application must be in writing, must state that it is a flexible working request, must describe the change sought and the date it should take effect, and should say whether the employee has made a previous request and when. Employees are no longer required to explain the effect the change would have on the business, a burden the 2023 reforms deliberately removed.
The employer's obligations are equally precise. A decision must be reached within two months of the request unless both parties agree an extension in writing, and the employer must consult the employee before refusing. Refusal is only lawful on one or more of eight statutory business grounds, including the burden of additional costs, a detrimental effect on quality or performance, an inability to meet customer demand, or insufficient work during the periods the employee proposes to work. The Employment Rights Act 1996 also protects employees from suffering a detriment or dismissal for making a request, and compensation for a mishandled request is capped at eight weeks' pay subject to the statutory weekly limit. Looming reforms tighten this further: employers will increasingly need to show that any refusal is reasonable, not merely grounded. For the authoritative procedural detail, the ACAS statutory Code of Practice on requests for flexible working sets the standard a tribunal will measure you against. Where flexible working overlaps with caring or health needs, the Equality Act 2010 can give stronger, separate protection that no internal policy can override.