Flexible Working Request Guide UK 2025 — Day One Rights & How to Apply
From April 2024, employees have the right to request flexible working from day one of employment. You can make up to two requests per year. Employers must consider requests reasonably and can only refuse for one of 8 specific business reasons. This guide walks you through the process and your rights if refused.
Key changes from April 2024 (Employment Relations (Flexible Working) Act 2023): day 1 right to request; 2 requests per year (up from 1); employer must decide within 2 months; must consult before refusing; employee no longer needs to explain impact on employer. A refusal outside the 8 statutory grounds is unlawful.
The New Rights from April 2024
| Aspect | Before April 2024 | From April 2024 |
|---|---|---|
| Qualifying period | 26 weeks employment | Day one right |
| Requests per year | 1 per 12 months | 2 per 12 months |
| Decision deadline | 3 months | 2 months |
| Consultation before refusal | Not required | Required |
| Explain business impact | Employee must explain | No longer required |
How to Make a Flexible Working Request
- Write your request — email is sufficient. State it is a statutory flexible working request, describe the change, the proposed start date. You no longer need to explain the business impact.
- Employer must consult — before refusing, they must hold a meeting or discussion with you to explore whether the arrangement can work or whether alternatives exist.
- Decision within 2 months — the employer must give a written decision (accept, accept with modifications, or refuse with specific statutory reason) within 2 months.
- Appeal if refused — use the employer's internal appeal process. Put your appeal in writing.
- Tribunal if still refused — if the appeal fails and the refusal was procedurally wrong or discriminatory, contact ACAS for early conciliation.
The 8 Statutory Reasons for Refusal
| Ground | Meaning |
|---|---|
| 1. Additional costs | The change would impose significant extra costs |
| 2. Customer demand | Business cannot meet customer needs with the new arrangement |
| 3. Reorganising work | Cannot redistribute work among existing staff |
| 4. Recruiting additional staff | Cannot hire cover or replacement staff |
| 5. Quality impact | Work quality would suffer unacceptably |
| 6. Performance impact | Employee's own performance would suffer |
| 7. Insufficient work | Not enough work during the proposed new hours/days |
| 8. Structural changes | Planned business restructuring makes the request impractical |
Using Discrimination Law — Often More Powerful
The statutory flexible working claim is limited (max 8 weeks' pay award). But if the refusal indirectly discriminates — for example, refusing reduced hours disproportionately affects women with childcare responsibilities — you can bring an indirect sex discrimination claim under the Equality Act 2010. These claims are uncapped. Similarly, if you need flexibility as a disabled person and the employer refuses a reasonable adjustment, that is disability discrimination. Seek specialist advice if discrimination may be involved.
Frequently Asked Questions
A flexible working arrangement that is agreed becomes a contractual term. Your employer cannot unilaterally remove it without your agreement and following the proper variation of contract process. If they try to impose the change, you may have a breach of contract claim and potentially a constructive dismissal claim.
Yes — permanent remote working is a valid flexible working request. The employer must consider it reasonably and can only refuse on the 8 statutory grounds. However, this is one of the more commonly refused arrangements, particularly for roles where physical presence is genuinely needed. Consider requesting hybrid as an alternative if full remote is refused.
If the arrangement was agreed verbally and you relied on it, you may have an implied contractual term through custom and practice, or a promissory estoppel argument. The strength of this depends on how long the arrangement was in place, how consistently it was applied, and whether you acted in reliance on it. Get the arrangement confirmed in writing immediately, and take legal advice if the employer tries to unilaterally withdraw it.