Flexible working request

What you need to know

The plain-English guidance that comes with this document.

• This is a day-one legal right — take it seriously. Since April 2024, any employee can ask for flexible working from their very first day, and can make two requests in any 12-month period. It isn't a favour you're granting; it's a statutory process, and mishandling it can land you at a tribunal.
• You've got two months to decide — and you must actually deal with it. From the date of the request you have two months to make a decision (you can extend that only by agreement with the employee). "Dealing with it reasonably" means talking it through with them, not just firing back a no.
• You can only refuse for one of eight set reasons. The law lets you turn a request down only on specific business grounds: extra cost; a bad effect on meeting customer demand; not being able to reorganise work among existing staff; not being able to recruit; a hit to quality; a hit to performance; not enough work at the times they want to work; or planned changes to the business. If your reason isn't really one of these, you can't refuse on it.
• What's changing (Employment Rights Act 2025). New rules are coming that will require you to show your refusal is reasonable and to explain why — with more prescriptive steps for how you consult. They aren't fully in force yet, but they're the direction of travel, so getting into the habit now of giving a genuine, well-explained answer is the safe move.
• Mind the discrimination trap. Flexible working requests often come from people juggling childcare or managing a health condition. Refuse without real thought and you risk an indirect sex discrimination or disability claim on top of the flexible-working one. A trial period is often a sensible middle path.
• Put the outcome in writing, and keep it. Whatever you decide, confirm it on this form, give them a copy, and file it. A clear record protects both sides.
• Scotland is the same; check the Northern Ireland position. In England, Wales and Scotland the day-one right and the rules above apply. Northern Ireland has its own flexible working law, and the day-one change may not apply there in the same way — if you're in NI, check the current NI rules before you respond.