From 6 April 2024, UK employees now have a day-one statutory right to request flexible working. Employers must consult before refusing, and respond within two months (unless an extension is agreed in writing).
What changed?
Day-one right to request (no qualifying period)
Up to two requests in any 12 months (not at the same time)
No need for employees to explain how their request affects the business
Employers must consult before refusing
Decisions must be issued within 2 months unless extended
What can be requested?
Employees can request changes to:
Hours (e.g. part-time, compressed hours)
Times (e.g. start/end times)
Location (e.g. home working, hybrid, job share)
Refusals: Only 8 reasons allowed
You can only refuse for these business reasons — and you must explain why:
Additional costs
Impact on customer demand
Trouble reorganising work
Can’t recruit cover
Quality suffers
Performance suffers
Not enough work at requested times
Planned structural changes
Legal and risk watch
Missing the deadline? Risk up to 8 weeks’ pay + tribunal order to reconsider.
Unreasonable process? Risk 25% uplift if Acas Code not followed.
Discrimination risk: Indirect or disability-related claims can lead to uncapped awards.
Automatic unfair dismissal and detriment protection for making a request.
HR to-do list
Update policies to reflect day-one rights and 2-month deadline
Log requests, track dates, and note appeals or decisions
Train managers on process, Acas Code, and refusal reasons
Always consult before refusing — and explore alternatives or trials
Keep written records of requests, decisions, and discussions
Update contracts within 28 days if permanent changes are made
Common scenarios
Probation-period requests: Treat like any other — no automatic refusal
Disability-related requests? Check if it’s a reasonable adjustment issue
Multiple team requests? Avoid first-come-first-served unless justifiable
Trial periods: Great for testing feasibility — just agree an extension first
Tip: Offer an appeal even if not required. It shows reasonableness and helps defend your process.
