How should employers handle flexible working requests?
Employees can make a statutory flexible working request from day one, up to twice in any 12 months. Employers must handle it reasonably, consult the employee before refusing, and decide within 2 months, including any appeal. Refusal must rest on a listed business reason. A stricter reasonableness test is expected from October 2027.
The current process
Requests can cover hours, start and finish times, working days and place of work. A statutory request must be in writing, give its date, say it is a statutory request, set out the change and start date, and mention any previous request.
The Acas Code of Practice says the employer should hold a private consultation meeting without unreasonable delay, discuss alternatives or a trial period, keep a written record and confirm the decision in writing. There is no statutory right of appeal, but Acas calls offering one good practice. An agreed change should go into the contract within 28 days.
Grounds for refusal
- Extra costs that will damage the business.
- Work cannot be reorganised among other staff, or people cannot be recruited to do it.
- Detrimental effect on quality, performance or meeting customer demand.
- Not enough work during the proposed times.
- Planned structural changes to the workforce.
What is changing in 2027
The government's timeline expects the Employment Rights Act 2025 flexible working changes in October 2027, subject to Parliament. Acas's draft updated Code says employers will be able to refuse only where it is reasonable to do so for a statutory business reason, must explain why, and must follow mandatory consultation steps set out in regulations. Until then, employers should follow the current Code.
Tribunal claims about requests now usually have a 6-month time limit for issues arising from 1 October 2026. Flexible working rules differ in Northern Ireland.
The law
“make more than two applications under this section to the same employer during any period of 12 months…”
Sources
- Flexible working · GOV.UK
- Acas Code of Practice on requests for flexible working · Acas
- Acas consultation: draft Code of Practice on requests for flexible working · Acas
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Tribunal time limit increased from 3 to 6 months
- Flexible working reasonableness test and mandatory consultation steps expected (subject to Parliament)
Future dates are expected dates and depend on Parliament.
What employers can do
- Publish a flexible working policy that follows the Acas Code.
- Log each request's date so the 2-month deadline, including any appeal, is met.
- Hold a consultation meeting before any refusal and keep a written record.
- Record the evidence behind each business reason relied on.
- Offer an appeal heard by a manager not previously involved.
- Review the policy against the Acas draft Code ahead of October 2027.
Related answers
- Do employers need a hybrid working policy? No law requires a standalone hybrid working policy, but Acas says employers should have one. It helps managers handle requests consistently under the statutory flexible working rules, explains how hybrid arrangements work, and links to health and safety, data protection and contract terms. Flexible working changes under the Employment Rights Act 2025 are expected in October 2027.
- What is carer's leave? Carer's leave is a day-one right for employees to take up to one week of unpaid leave every 12 months to give or arrange care for a dependant with a long-term care need. It can be taken in half days, full days or a whole week, and employers can postpone it but not refuse it.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.