Flexible Working

Introduction

Flexible working involves making a change to when, where or how you (as an employee) work.
Some form of flexibility can be built into almost all jobs, regardless of the organisation’s size or sector.
When considering flexible working, it’s best to start by thinking about what might be possible.

Types of flexible working

There are many different types of flexible working. 

For example:

  • part-time hours
  • staggered hours
  • remote working
  • working from home
  • hybrid working
  • flexitime
  • job sharing
  • compressed hours

While some might not be practical for every job, it’s likely other types will work.

Making a request for flexible working

When making a flexible working request, you must:

  • put the request in writing to your employer – either in a letter or email
  • say it’s a ‘statutory request’ for flexible working

Your request must also include:

  • the date of your request
  • the change you’re requesting – for example the change in your hours or place of work
  • when you’d like the change to start
  • if you have made any previous statutory flexible working requests to your employer
  • the date of any previous requests

Use the ACAS flexible working request letter template

How to agree flexible working

You and your employer can agree any flexible working arrangement that meets both your needs.
You have a statutory right to request flexible working. This applies from the first day of the job.

Your employer can accept, partially accept or reject a request. Your employer can only reject the request if there’s a genuine business reason.

If you make a statutory flexible working request, your employer must:

  • handle it in a reasonable way, in line with the Acas Code of Practice on requests for flexible working (If a case reaches an employment tribunal, the judge will consider whether the employer and employee have followed the Acas Code.)
  • accept the request unless there’s a genuine business reason not to
  • consult you and discuss any alternative options – unless they’ve agreed to the request in full
  • make a decision within a maximum of 2 months
  • not dismiss or cause you detriment because of your request

There will be an amendment to flexible working law in 2027. If an employer rejects a flexible working request because of a genuine business reason, they will have to:

  • state the reasons from a list of 8 acceptable reasons
  • explain why they believe their refusal is reasonable

Doing this is already good practice. But it will become a legal requirement. When handling a request, everyone should follow the Acas Code of Practice on flexible working. Acas will review its Code after the law changes.

Limits for making a request

As an employee, there are limits on the number of statutory requests you can make.

You can:

  • make a maximum of 2 requests during any 12-month period
  • only have one ‘live’ request with the same employer at a time

A request will stay live until any of the following happen:

  • your employer makes a decision
  • you withdraw your request
  • you and your employer agree an outcome
  • it’s been 2 months since the date of your request

A request will stay live during:

  • any appeal
  • any extension to the 2-month decision period, if you and your employer agreed to extend it

Protection from dismissal and detriment

By law, employees are protected from unfair dismissal and ‘detriment’ for statutory flexible working requests.

This protection applies when:

  • making a statutory flexible working request
  • planning to make a request
  • raising an issue with their employer related to their request
  • making a legal claim related to their request

Detriment means someone experiences one or both of the following:

  • being treated worse than before
  • having their situation made worse

Examples of detriment could be:

  • you experience bullying
  • you experience harassment
  • your employer turns down their training requests without good reason
  • you are overlooked for promotions or development opportunities
  • your employer reduces their hours without good reason

Discrimination

Under discrimination law (Equality Act 2010), your employer must not disadvantage you because of any of the following ‘protected characteristics’:

  • age
  • disability
  • gender reassignment
  • marriage and civil partnership
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation

This applies to flexible working requests, including:

  • the way your employer handles the request
  • the decision they make
  • how they handle any information you as an employee share

Discrimination due to ill-health

A medical condition is considered a disability if it has a “substantial” (more than minor) and “long-term” (lasts or likely to last 12 months or more) negative effect on normal daily activities. Progressive conditions like cancer, MS, or HIV are automatically covered.

Reasonable adjustments

A reasonable adjustment is a change that removes or reduces a disadvantage related to someone’s disability. By law (Equality Act 2010), every employer has a legal duty to make reasonable adjustments for disabled employees.

The legal duty to make reasonable adjustments is separate to the legal duty to consider a flexible working request.

If a disabled employee makes a flexible working request related to their disability, your employer must follow both:

  • the statutory procedure for flexible working requests
  • the law on reasonable adjustments when making a decision

Appeal the decision

There’s no legal right to appeal a statutory flexible working request decision. However, your employer should give you the option to appeal as part of a reasonable procedure.

You should follow your organisation’s flexible working policy if it says how to appeal. If not, you should raise your appeal in writing to your employer.

Depending on the reason for your appeal, write in a letter or email:

  • why you think the decision was not right – for example, if you felt the person making the decision missed some important information
  • why you think the procedure was not reasonable – for example, if you felt your employer did not consult you before refusing your request
  • what you would like to happen next – for example, you could ask your employer to review their decision, taking into account new information you’ve shared

You should send your appeal as soon as possible. Your employer must make a decision on your appeal within 2 months of your original request. This is unless you’ve agreed to extend this.

Last Updated on June 2, 2026 by Ashford Advice