A change in caring responsibilities, health, commuting costs or the way a team operates can make a standard working pattern difficult to sustain. Knowing how to request flexible working gives you a structured way to propose a solution, rather than relying on an informal conversation or assuming that home working is the only option.
For employees in Great Britain, the statutory right to request flexible working applies from the first day of employment. It is a right to make a request and have it considered properly, not an automatic right to the exact arrangement you want. A clear, realistic application puts you in the strongest position and helps your employer assess the proposal fairly.
What flexible working can include
Flexible working is broader than working from home. It can involve changing the number of hours you work, the days or times you work, or where you carry out your work. For example, you may ask to work compressed hours over four days, reduce your hours, start and finish earlier, job share, work annualised hours, or split your time between home and the workplace.
The right arrangement depends on the role and the operational needs of the organisation. A request to work remotely five days a week may be workable for one role but not another. Equally, an employer should not reject a request simply because it differs from the current pattern or would require some planning. The question is whether the request can be accommodated without a genuine business difficulty.
How to request flexible working formally
Start by checking your contract, staff handbook and any flexible working policy. Your employer may offer a procedure that is more generous than the statutory minimum, such as a trial period, a faster timetable or the option to make more requests. Follow that process where possible, while making clear if you are submitting a statutory flexible working request.
Your application must be in writing and should be dated. It should say that it is a statutory request for flexible working, set out the change you want and state when you would like it to begin. It should also confirm whether you have previously made a statutory flexible working application. Although you no longer have to explain the effect you think the change will have on the business, doing so constructively can help.
A practical request usually explains how the arrangement could work day to day. You might address availability for meetings, contact with clients, handovers, supervision, equipment, service coverage or how work will be measured. This is not about doing your employer’s job for them. It is about showing that you have considered the realities of the role and are seeking a workable outcome.
Keep the request specific
Avoid asking generally for ‘more flexibility’ without explaining what that means. Specify your proposed hours, working days or location, whether the change is permanent, and the intended start date. If you would accept an alternative, such as hybrid working rather than fully remote working, say so.
It can also be sensible to propose a time-limited trial. A three-month trial may give both sides evidence of whether the arrangement works, particularly where concerns relate to team coordination, performance or customer demand. Be clear about what will be reviewed and what should happen at the end of the trial.
Use a professional and measured tone
Your request does not need to disclose personal information beyond what is necessary. However, where the request relates to a health condition, disability, pregnancy, childcare or caring responsibilities, that context may be relevant. It may help your employer understand why the request matters and identify whether other legal duties apply.
Keep a copy of your application and any replies. If the discussion later becomes disputed, a clear paper trail can be valuable.
What your employer must do
An employer must deal with a statutory request in a reasonable manner. They must consult with you before refusing it, consider the request, and make a decision within two months of receiving it, including any appeal. The period can be extended if you agree.
Employers can approve the request, agree a modified arrangement, offer a trial period or refuse it. They should not treat consultation as a box-ticking exercise. A meaningful discussion should explore the practical issues, any evidence relied upon and whether alternatives could meet both your needs and the business’s requirements.
An employer can refuse a request only for one or more of these statutory business reasons:
- the burden of additional costs;
- a detrimental effect on ability to meet customer demand;
- an inability to reorganise work among existing staff;
- an inability to recruit additional staff;
- a detrimental impact on quality;
- a detrimental impact on performance;
- insufficient work during the periods you propose to work; or
- planned structural changes.
These reasons are not a licence for a blanket ‘no’. A decision should relate to the actual request and the employer’s circumstances. A generic statement that remote working does not suit the business, without meaningful consideration of the role, may be difficult to justify.
How many flexible working requests can you make?
You can make up to two statutory flexible working requests in any 12-month period. Only one request can be live at a time. A request you withdraw will normally count towards that limit unless the employer agrees otherwise.
That limit applies to statutory requests. You may still be able to have informal discussions about temporary adjustments, a phased return after absence or a short-term change in circumstances. Employers should take care not to use the statutory limit as a reason to avoid reasonable conversations, particularly where health or disability is involved.
When flexible working becomes a discrimination issue
A rejected request is not automatically unlawful. However, the wider reason for the request and the way it has been handled can create legal risk. For example, rigid requirements to work full-time or in the office may place women with childcare responsibilities at a particular disadvantage and potentially give rise to an indirect sex discrimination claim.
Where an employee is disabled, an employer may have a duty to make reasonable adjustments. That can include considering adjusted hours, home working, changes to duties or flexibility around attendance. A request linked to pregnancy, religion or belief, age, sex, gender reassignment, or another protected characteristic may also require particular care.
Employers should assess each case on its facts, rather than applying assumptions about productivity, commitment or career progression. Employees should raise any relevant circumstances early, particularly where an adjustment is needed to manage a condition or remain in work.
If your request is refused
Ask for the decision in writing and review the reason given. If your employer has an appeal process, use it promptly. An appeal is an opportunity to challenge factual errors, provide further information, suggest alternatives or point out that the business grounds do not appear to have been properly applied.
A refusal may be worth challenging where there was no proper consultation, the decision was outside the two-month period, the employer relied on incorrect facts, or the stated reason does not genuinely relate to your proposal. Keep records of meetings, emails and proposed alternatives.
There are strict time limits for bringing an employment tribunal claim. A complaint about the statutory flexible working process is generally subject to a short time limit, and discrimination claims have their own deadlines. Early action matters. Before issuing most tribunal claims, you must notify Acas for Early Conciliation, which can affect the time limit.
For employers, the safest approach is a consistent process supported by accurate records. Managers should understand that a request cannot be dismissed because it is inconvenient or because other employees may also ask. The business should identify the specific impact, consult openly and consider whether a modified arrangement or trial period reduces the risk.
Flexible working requests often sit at the point where personal circumstances and operational pressures meet. A well-prepared request, and a properly reasoned response, can protect working relationships as well as legal rights. Where the stakes are high or the process has gone wrong, specialist employment advice can provide the clarity needed to decide the next step with confidence.
