How to handle a statutory flexible working request

Before you start

Legal basis. Employment Rights Act 1996, sections 80F to 80I, and the Flexible Working Regulations 2014 [3][4][5][12]. There has been no qualifying period since 6 April 2024 [6]. The Acas Code of Practice on requests for flexible working applies from the same date [7]. The Equality Act 2010 applies alongside. This guide covers Great Britain.

Who to involve. The line manager, with authority to decide; HR; a second manager for appeals; payroll.

What you need. The request; your flexible, hybrid and home working policies; the role's requirements; rotas and cover data; any request the employee made in the past 12 months.

Step 1: Check the request and log the date received

A statutory request must be in writing and dated, say it is a statutory request, and set out the change, the start date wanted and any earlier request [2][5][7]. The change can be to hours, times or place of work [4].

Check the person is an employee. Acas says the right does not usually cover agency or casual workers or people on zero-hours contracts [8]. An employee can make two requests in any 12 months, and only one at a time [4].

A request counts as made on the day you receive it [5]. The decision period is two months beginning with that day, and includes any appeal [3][7].

Worked example. Inputs: request received Monday 21 September 2026; no extension. Result: decision, including any appeal, due by Friday 20 November 2026. Computed in Python.

Step 2: Assess the request

You must deal with the request in a reasonable manner [3], and agree it unless there is a genuine business reason not to [7]. Weigh the effect on the employee and the business, including of a refusal [8]. Don't discriminate unlawfully. If the request relates to a disability, also consider it as a reasonable adjustment, which is a separate duty [7].

Step 3: Hold a consultation meeting

Unless you agree the request in full, you must consult the employee first [3][7]. The Code says to meet without unreasonable delay and in private, with notice, in person, by video or, failing both, by phone. The person holding it should have authority to decide, and you should keep an accurate written record [7].

If the employee misses a meeting and a rearranged one without good reason, you may treat the request as withdrawn. Tell them in writing [2][7].

Step 4: Discuss alternatives and trial periods

If you can't agree in full, discuss changes to the request, other patterns, and whether a trial would help [7]. In the lumi reward benchmark, the patterns organisations operate as standard include flexitime with accrual (41.4%), core hours (32.3%), compressed hours (25.2%) and annualised hours (17.7%); 31.6% operate none (n = 266).

The government says employers can already trial an arrangement; discussing a trial will not become a legal requirement [10].

Worked example. Inputs: request received 21 September 2026; 12-week trial from Monday 2 November 2026. The trial ends Sunday 24 January 2027, after the decision period ends (20 November 2026). Before 20 November, agree in writing an extension to, say, Friday 19 February 2027, leaving three weeks for a review, decision and appeal. Computed in Python.

Step 5: Decide, using only the business reasons

You can refuse only for [3]: the burden of additional costs; a detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; a detrimental impact on quality; a detrimental impact on performance; insufficient work during the periods the employee proposes to work; or planned structural changes.

Check the facts: a refusal based on incorrect facts can be challenged at a tribunal [12].

The Employment Rights Act 2025 adds a test: refuse only where it is reasonable to do so on that ground, and state the ground and why it is reasonable [11]. The government intends this, with set steps for a meeting before refusal, to apply from autumn 2027 [10][15]. Acas will publish a draft updated Code for public consultation, to be laid before Parliament in early summer 2027 and to take effect with the legislation [10].

Step 6: Confirm the decision in writing

Confirm the decision in writing without unreasonable delay [7].

If you agree, set out the arrangement and offer to discuss next steps, such as start and review dates [7][8]. GOV.UK says to change the contract no later than 28 days after approval [2].

If you refuse, give the business reason or reasons, as much relevant explanation as you reasonably can, and how and by when to appeal [7][8].

Step 7: Offer an appeal inside the same two months

There is no statutory right of appeal, but Acas calls allowing one good practice [7]. Decide it within the two months unless extended. Ask for written grounds and, where possible, use a manager not involved so far. Record the meeting and confirm the outcome and reasons in writing [7].

Step 8: Keep a record of every request

An employee can complain to a tribunal if you fail to deal with a request reasonably, consult or decide in time, wrongly treat it as withdrawn, or rely on incorrect facts [12]. A tribunal can order reconsideration and award up to 8 weeks' pay [5][12], with a week's pay capped at £751 for events on or after 6 April 2026 [13]. The time limit is three months, becoming six months where the relevant date is on or after 1 October 2026, throughout Great Britain [14]. The later Scottish date of 9 November 2026 applies only to breach of contract claims, not to flexible working claims [17]. Detriment or dismissal for making a request is also unlawful [7].

Worked example. Inputs: illustrative weekly pay of £600, then £900. Maximum awards: 8 × £600 = £4,800; 8 × £751 (capped) = £6,008. Computed in Python.

Record the date received, meeting notes, alternatives and trials discussed, the decision, its reason and facts, any extension or withdrawal, the appeal and the contract change. From autumn 2027 the government plans to require written notice of the outcome and decision, but not detailed minutes [10].

Step 9: Line up your hybrid and remote policies

A hybrid or home working policy sets what is normally available. It doesn't remove the statutory right. Acas suggests it explains how to request and how you will respond [16].

In the lumi reward benchmark, for roles that support remote working, 40.0% of organisations expect attendance 3 or more days per week, the common answer, and 25.5% expect 1–2 days, an alternative; 21.6% say attendance varies widely (n = 255). 60.5% let remote employees work anywhere in the UK, the common answer (n = 210). See the full findings.

Checklist

• Request logged with the date received and the two-month deadline
• Employee status, content and the two-in-12-months limit checked
• Equality duties and reasonable adjustments considered
• Consultation meeting held, with notice, a decision-maker and a written record
• Alternatives and any trial discussed and recorded
• Any extension agreed and confirmed in writing
• Any refusal based only on the eight business reasons, with facts checked
• Decision in writing, with the appeal route and deadline
• Contract changed no later than 28 days after approval
• Hybrid and remote policies point to the statutory route
• Templates reviewed when the 2027 regulations are published

Related

• Flexible, hybrid and remote working: UK benchmark 2026 — the benchmark findings behind the figures in this guide.
• How to calculate holiday pay for irregular-hours and part-year workers
• How to run an annual pay review: process and governance
• How lumi works: methodology — how these figures are collected and calculated.