Flexible working request advice

Every employee can ask for flexible working from their first day in the job: different hours, compressed hours, part time, job sharing or working from home. Your employer does not have to agree, but it must deal with the request properly and can refuse only for set business reasons. We help you make a request that is hard to turn down, and act if it is refused unfairly. We advise employees across England and Wales by phone and video, and in person at our Manchester office.

Your rights now

You can make a statutory flexible working request from day one of employment.
You can make up to two requests in any 12 months.
Your employer must give a decision within two months of the request, including any appeal, unless you agree to more time.
Your employer must consult you before refusing.
A refusal must be for one of the eight business reasons below.
You must not be treated badly or dismissed for asking. Dismissal for making a request is automatically unfair, with no qualifying service needed.

The eight reasons an employer can rely on

The extra costs would be a burden.
It would harm the ability to meet customer demand.
The work cannot be reorganised among existing staff.
Extra staff cannot be recruited.
It would harm quality.
It would harm performance.
There is not enough work during the periods you want to work.
Planned structural changes.

How to make a request

Put it in writing, date it and say it is a statutory request under section 80F of the Employment Rights Act 1996.
Say what change you want and when you want it to start.
Say whether you have made a request in the last 12 months, and when.
Explain how it could work. You no longer have to deal with the effect on the business, but a practical plan (cover, handover, a trial period) often gets a yes.
Keep a copy and note the two-month deadline.

If your request is refused

Ask for the reason in writing and appeal if your employer has an appeal process.
A tribunal can award up to eight weeks' pay, capped at £751 a week (£6,008), where the employer did not follow the procedure, did not decide in time, or based the refusal on wrong facts. It cannot judge whether the business reason was a good one.
Often the stronger claim is discrimination. Refusing a request linked to childcare can be indirect sex discrimination, and refusing a change needed because of a disability can be a failure to make reasonable adjustments. Those claims have no cap. See discrimination at work.
For anything that happened on or after 1 October 2026 you have six months less one day to start a tribunal claim, and you must contact Acas for early conciliation first. For earlier events the limit was three months, so check the date with us straight away.

Changes coming under the Employment Rights Act 2025

The Act will require an employer's refusal to be reasonable, and to explain why it is reasonable. The government expects this to start during 2027; no date has been set. Until then the rules above apply.

How we help

We draft your request, prepare you for the consultation meeting, write the appeal, and advise whether a refusal gives you a claim. If the dispute ends your employment, we look at constructive dismissal and settlement agreements.

What it costs

The first consultation is £80 for half an hour or £200 for an hour, by phone, video or at our office. We then give you a written estimate before each stage. Typical costs for employment claims are on our fees page.

Questions people ask

Can my employer refuse because the role has always been full time?

Not on that basis alone. The refusal has to fit one of the eight business reasons and must follow a proper process. If you need the change for childcare or a disability, a blanket refusal may also be discrimination.

Can I ask for a trial period?

Yes, and it is often a good idea. A trial lets both sides test the arrangement before it becomes permanent.

Does agreeing to flexible working change my contract permanently?

A statutory request, if accepted, is a permanent change unless you agree otherwise. If you want a temporary arrangement, say so in the request.

My employer has not replied. What now?

If two months have passed (or any agreed extension) without a decision, that is a breach in itself and you can bring a claim. Tell us the dates.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment. Call 0161 222 5860, Monday to Friday, 9.30am to 5.30pm.