Since April 2024, any employee can submit a flexible working request from their very first day in the job, and employers no longer have the option of waiting until someone has built up service before considering one. For owner-managed businesses, this has changed the way requests need to be handled. The process is governed by statute, it runs to a strict timetable, and mishandling it can lead to a tribunal claim even where the underlying business decision was sound.
GAP HR Services has been advising small businesses on employment law since 2003, when Carolyne Wahlen founded the company to give owner-managed organisations access to the expertise that larger employers take for granted.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Counts As A Flexible Working Request?
A flexible working request is an application by an employee to change their terms and conditions relating to their hours of work, the times they work, or the place they work. That covers a wide range of arrangements, including part-time hours, compressed hours, staggered start and finish times, job sharing, term-time working, homeworking, and hybrid arrangements.
It is worth distinguishing between statutory and informal requests. An employee may simply ask their manager for a change, and many arrangements are agreed that way without any formal process. A statutory request, by contrast, triggers legal obligations and timescales. If an employee makes a request that meets the statutory requirements, the procedure applies whether or not either party labels it as such.
When Can An Employee Make A Request?
Since 6 April 2024 it has been a day-one right, so there is no longer any qualifying period of service. For example, an employee who started work on Monday can submit a request on Tuesday.
Employees may make two statutory requests in any rolling 12-month period, and only one request can be live at any given time. A request made while an earlier one is still being considered does not count as a valid second application. Employers should keep a record of when requests are received, because the 12-month period runs from the date of the earlier application.
What Must A Valid Request Contain?
The application must be in writing, must be dated, and must state that it is a statutory request for flexible working. It should specify the change the employee is asking for and the date on which they would like it to take effect. The employee must also confirm whether they have made a previous statutory request and, if so, when.
One point often missed is that employees are no longer required to explain what effect the proposed change would have on the business or how that effect might be managed. That requirement was removed in April 2024. An employer cannot reject a request as invalid simply because the employee has not addressed the operational impact.
How Long Does An Employer Have To Decide?
The employer must deal with the request within two months of receiving it. Importantly, that two-month period covers the entire process, including any appeal, not just the initial decision. The period can be extended, but only where the employee agrees to the extension.
This timetable is tighter than many employers expect, and it is one of the most common sources of difficulty. Diarising the deadline as soon as a request arrives is a simple step that avoids a great deal of trouble.
How Will The Employment Rights Act 2025 Change Flexible Working Requests?
The Employment Rights Act 2025 received Royal Assent in December 2025 and will tighten the framework considerably, although the substantive provisions have not yet commenced and are currently expected in 2027.
The core mechanics described above are not being replaced. The day-one right, the two requests per year, and the two-month decision period all remain. What changes is the level of scrutiny applied to the employer’s response. Refusals will need to be reasonable rather than merely grounded in a permitted business reason, employers will need to explain in writing why a refusal is reasonable, and regulations will prescribe the consultation steps that must be followed first. The power to make those regulations came into force on 6 January 2026, and a Government consultation closed on 30 April 2026.
What Options Does An Employer Have?
A request does not have to be accepted or refused outright. An employer can agree to the request in full, agree to part of it, or propose an alternative arrangement that meets the business’s needs while still offering the employee some flexibility. Discussing alternatives is good practice and often produces a workable result.
A trial period is another useful option, allowing both parties to test an arrangement before committing. Where a change is agreed, it will usually amount to a permanent variation of the employee’s contract unless the parties expressly agree otherwise, so the position should be confirmed in writing.
How Can GAP HR Help You Handle Flexible Working Requests?
We deal with flexible working requests for owner-managed businesses across the UK, from the initial acknowledgement through to the decision letter. We can advise on whether a request is valid, help you work through the operational implications, and make sure the paperwork protects you.
Since 2003, our purpose has been to keep small businesses legally compliant and tribunal-free. All initial enquiries are free of charge and without obligation.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
