29 June 2025
Now that it has been a few months since the new flexible working rules came into force on 6 April 2024 in Great Britain, employers should ensure they understand how to respond effectively to flexible working requests. This guide outlines key points and practical tips to help you manage these requests in line with current legislation.
What is a flexible working request?
A flexible working request is when an employee asks to change:
- The hours they are required to work
- The times they are required to work
- Where they work (e.g. remote or hybrid working)
These requests are governed by the Acas statutory Code of Practice, which outlines the correct procedure employers must follow.
When can an employee make a flexible working request?
Since 6 April 2024, employees have the right to request flexible working from day one of their employment.
Note for hiring managers: If a candidate asks to change their working days during the interview process, it's acceptable to explain that they can only make a formal request once they become an employee.
How many flexible working requests can be made?
Employees can now submit two statutory requests within any 12-month period (an increase from one).
Example:
An employee who submitted requests in November 2023 and April 2024 cannot submit another request in September 2024, even though the new rules are in place. That's because the November 2023 request still falls within the current 12-month period. They'll need to wait until 10 November 2024 to make another request.
What must a flexible working request include?
A valid statutory request must:
- Be in writing
- State it is a statutory flexible working request
- Be signed and dated
- Provide the proposed start date of the new arrangement
- Describe the requested working pattern
- Include details of any previous requests (and when they were made)
Do employees need to explain the impact of the request?
Under the new rules, employees no longer have to explain the impact of their proposed working arrangement or how challenges might be overcome.
However, while employers can't require this, they can ask, but it must be made clear that the request won't be judged based on whether this information is provided. This can be helpful in understanding the role-specific implications.
How should employers handle the consultation process?
If the request isn't approved immediately, a meeting should be arranged to discuss it in more detail. This meeting is an opportunity to:
- Talk through the potential benefits or challenges
- Explore alternatives
- Consider whether a trial period would be helpful
What if there are any conflicting requests?
When multiple requests are received and only one can be approved, the Code of Practice advises:
- Requests should be considered in the order they are received
- The same procedure should be followed for each
- Do not prioritise based on personal circumstances - unless it involves a reasonable adjustment for a disability
On what grounds can a request be refused?
The eight statutory reasons for refusing a flexible working request remain unchanged:
1. Burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficient work during proposed hours
8. Planned structural changes
If one or more of these reasons applies, the request can be refused - but only after consultation with the employee.
What is the timeframe for handling requests?
The full process, including any appeal, must be completed within two months, unless both parties agree to an extension. Acting promptly ensures legal compliance and helps maintain positive employee relations.
Final tip: Stay updated with the Acas Code of Practice and ensure managers are trained on handling flexible working requests fairly and consistently.