Right to Request Flexible Working: 2024 Law Changes Explained

The right to request flexible working is a statutory employment right in the UK. Major changes in April 2024 made it easier and faster for employees to request flexibility. Here's everything you need to know.

What Is the Right to Request?

The statutory right to request flexible working gives employees the legal right to ask their employer to change their working arrangements.

Important: It's a right to request, not a right to have flexible working.

Employers must:

• Consider the request properly
• Consult with the employee
• Only refuse for valid business reasons
• Complete the process within 2 months

Employers cannot:

• Ignore the request
• Refuse without proper consideration
• Refuse for arbitrary reasons
• Penalize employees for asking

April 2024 Changes

What Changed

On 6 April 2024, the law changed significantly:

Before April 2024:

• 26-week qualifying period (had to work for 26 weeks first)
• 1 request per 12 months
• 3-month deadline for employer
• Employee had to explain impact on business and suggest solutions
• No requirement to consult before refusing

From April 2024:

• Day one right - no qualifying period
• 2 requests per 12 months
• 2-month deadline for employer
• Employee doesn't need to explain impact or suggest solutions
• Consultation required before refusing

Why the Changes?

Government aims:

• Make flexible working more accessible
• Support parents and carers
• Improve work-life balance
• Boost productivity
• Increase workforce participation

Who Can Request Flexible Working?

Employees

All employees have the right to request flexible working from their first day of employment.

"Employee" means: Someone with an employment contract (not self-employed, not a casual worker).

Includes:

• Permanent employees
• Fixed-term employees
• Part-time employees
• Probationary employees
• Agency workers (if employed by the agency)
• Zero-hours employees (if they have employee status)

Who Cannot Use the Statutory Right?

Workers (not employees) don't have the statutory right.

Self-employed people cannot make a statutory request (but may negotiate anyway).

Contractors don't have the right (depends on employment status).

However: Anyone can still ask informally, even if they don't have the statutory right.

No Qualifying Period

Day One Right (Since April 2024)

You can make a flexible working request on your first day of employment.

No need to wait:

• No 26-week qualifying period
• No probation period requirement
• No minimum service

Example: Start new job on Monday. Can submit flexible working request on Tuesday.

During Probation

The right applies during probation.

Employees on probation can request flexible working immediately.

Employers should:

• Consider the request properly
• Not use probation as a reason to refuse
• Apply same process as for confirmed employees

How Many Requests Can You Make?

Two Per Year (Since April 2024)

Employees can make 2 statutory requests in any 12-month period.

Rolling 12 months: Not calendar year. If your last request was on 10 March 2024, you can make another from 11 March 2025.

Previous Request Must Be Dealt With

You can only make a second request once the first has been:

• Agreed
• Refused
• Withdrawn

Cannot: Make 2 simultaneous requests.

What If You Need More Changes?

Statutory limit: 2 requests per 12 months.

But: You can still have informal discussions about flexible working outside the statutory process.

Example:

• Made 2 statutory requests already
• Circumstances change again
• Speak to manager informally
• They may agree without formal process

What Can You Request?

Changes to Hours, Times, or Location

You can request any change to:

• Hours: Number of hours worked (e.g., full-time to part-time)
• Times: When you work (e.g., earlier start, later finish, different days)
• Location: Where you work (e.g., home instead of office)

Examples of Requests

Part-time:

• Reduce from 5 days to 3 days per week
• Work 25 hours instead of 37.5

Compressed hours:

• Full-time hours over 4 days instead of 5

Flexitime:

• Flexible start between 7am-10am

Remote working:

• Work from home full-time

Hybrid:

• 2 days office, 3 days home

Different pattern:

• Term-time only
• Job share
• Shift changes

Multiple Changes

You can request multiple changes in one request.

Example: "I'd like to work 4 days per week (reduce hours) and work from home on Fridays (change location)."

This counts as one request, not two.

You Don't Need to Justify

No Need to Explain Impact (Since April 2024)

Previously: Employees had to explain:

• What effect the change would have on the employer
• How the employer could deal with those effects

Since April 2024: You don't need to explain this.

Just state:

• What change you want
• When you want it to start

Why This Matters

Reduces burden on employees to predict business impacts.

Employer's job to assess business impact, not yours.

Fairer: Employees often don't have full visibility of business operations to accurately assess impact.

Protection from Detriment

You Cannot Be Penalized

Employers cannot treat you unfavorably for:

• Making a flexible working request
• Having made a request in the past
• Exercising your right to request

"Detriment" includes:

• Blocking promotion
• Reducing hours or pay (beyond what's agreed)
• Giving worse shifts
• Dismissal
• Any other unfavorable treatment

Automatic Unfair Dismissal

Dismissal because of a flexible working request is automatically unfair.

No qualifying period needed to claim unfair dismissal in this situation.

Rights of Different Groups

Parents

Same rights as everyone else. No special parental category.

But: Parents are more likely to request flexible working, so refusals may risk indirect sex discrimination (most primary carers are women).

Carers

Same statutory right as everyone else.

Practical note: Employers should be sensitive to caring responsibilities when considering requests.

Disabled Employees

Can use statutory flexible working process.

But: May also request flexible working as a reasonable adjustment under Equality Act 2010.

Difference:

• Reasonable adjustment has a higher threshold (employer must make adjustment unless genuinely not reasonable)
• Flexible working request can be refused for 8 business reasons

Best practice: Consider both frameworks if employee is disabled.

Older Workers

Same statutory right.

Common requests: Phased retirement (reducing hours gradually).

Returning from Maternity Leave

Very common time to request flexible working.

Employers must:

• Consider carefully
• Be aware of indirect sex discrimination risk
• Not assume mothers are less committed
• Explore options thoroughly

Refusing without good reason can lead to discrimination claims.

Requests During Specific Circumstances

During Redundancy Consultation

Flexible working (e.g., reducing hours) may be an alternative to redundancy.

Employee should request it during consultation.

Employer should consider it as an alternative.

When Returning from Long-Term Sick Leave

Flexible working may help someone return to work.

Example:

• Phased return (part-time at first, building up)
• Different hours to avoid rush hour stress
• Working from home to manage health condition

If condition is a disability: May be required as reasonable adjustment.

After Adoption Leave

Same as maternity leave - common time to request flexibility.

What If Your Request Is Refused?

Employer Must Have Valid Reason

Employer can only refuse for one of 8 specified business reasons (see separate guide on refusal grounds).

You Can Appeal

Most employers offer an internal appeal process.

If still refused after appeal:

• Cannot force employer to agree
• But can claim at tribunal if process wasn't followed properly

Tribunal Claims

You can claim at tribunal if:

• Employer refused for a reason not in the 8 grounds
• Employer didn't consult with you before refusing
• Employer didn't respond within 2 months
• Employer didn't follow proper procedure

You cannot claim just because employer refused for a valid reason.

Compensation: Up to 8 weeks' pay (capped, currently max £5,600).

Discrimination Claims

Separate from flexible working claim:

If refusal amounts to discrimination (e.g., indirect sex discrimination), you can claim under Equality Act.

No cap on compensation for discrimination.

Informal Flexible Working

Not All Flexible Working Needs a Formal Request

Informal arrangements:

• Agreeing one-off changes
• Temporary flexibility
• Ad-hoc working from home

Formal statutory request:

• When you want a permanent change
• When you want legal protection
• When employer might refuse

When to Use Statutory Process

Use statutory process if:

• You want the change to be permanent (in your contract)
• You think employer might refuse
• You want the legal protections
• Previous informal discussions didn't work

Informal may be fine if:

• Employer is supportive
• You have a good relationship
• It's a temporary arrangement
• Both parties happy with informal agreement

Once Your Request Is Agreed

Becomes Contractual

If your flexible working request is agreed:

• It becomes a permanent change to your contract (unless agreed as temporary)
• Employer cannot unilaterally change it back
• Your new working pattern is now your contract terms

Can Be Varied Later

With mutual agreement: You and employer can agree to change again later.

Further request: You can make another request (within the 2-per-year limit).

Revert: If you want to go back to old pattern, you'd need to request that as a new flexible working request.

Key Differences from Pre-2024

Feature	Before April 2024	From April 2024
Qualifying period	26 weeks	None (day one)
Requests per year	1	2
Deadline	3 months	2 months
Employee must explain impact	Yes	No
Consultation required	No	Yes

Common Questions

Q: Do I have to be employed for 6 months first?

A: No, not since April 2024. You can request from day one.

Q: Can I request flexible working in my job application?

A: You can mention it, but the statutory right doesn't apply until you're employed. Some employers may agree upfront as part of your offer.

Q: What if I'm on a fixed-term contract?

A: You have the same right. Length of contract doesn't affect the right to request.

Q: Can I request flexible working for health reasons?

A: Yes. If related to a disability, also consider reasonable adjustments (stronger protection).

Q: Does my employer have to give me a reason for refusal?

A: Yes. They must state which of the 8 grounds applies and explain why.

Practical Tips for Employees

Tip 1: Check Your Contract First

See if your contract already allows the flexibility you want (e.g., some contracts already include flexible hours).

Tip 2: Be Specific

Clearly state:

• Exactly what change you want
• When you want it to start
• Whether it's permanent or a trial

Tip 3: Be Prepared to Compromise

Employer may suggest modifications. Be open to discussion.

Tip 4: Follow the Process

Make request in writing, dated, stating it's a statutory flexible working request.

Tip 5: Document Everything

Keep copies of:

• Your request
• Employer's response
• Meeting notes
• Any correspondence

Key Takeaways

• Day one right - no qualifying period since April 2024
• 2 requests per 12 months - up from 1
• All employees can request (permanent, fixed-term, part-time, probation)
• Don't need to explain impact on business
• Employer must consult before refusing
• 2-month deadline for process
• 8 specified reasons employer can refuse
• Protection from detriment - cannot be penalized for requesting
• Right to request, not right to have - employer can refuse for valid reasons

The right to request flexible working is a valuable employment protection, made stronger by the 2024 reforms. Knowing your rights helps you make informed requests and understand what employers must do.