The April 2024 changes make flexible working easier to request — but the right to have your request granted depends on your employer’s business case.
What Changed on 6 April 2024
| Before 6 April 2024 | From 6 April 2024 |
|---|---|
| Needed 26 weeks’ service | Day-one right |
| 1 request per 12 months | 2 requests per 12 months |
| Employer had 3 months to respond | Employer must respond within 2 months |
| No consultation requirement before refusing | Must consult employee before refusing |
How to Make a Valid Request
Your request must be in writing (email is acceptable) and include:
- The date of the request
- The change you are requesting
- The date you’d like the change to come into effect
- Whether you have made a previous flexible working request and, if so, when
- How the change might affect your employer and how it could be handled
You do not need to give a personal reason for the request, though some employees choose to include context.
The 8 Grounds for Refusal
| Ground | Example |
|---|---|
| Additional costs | Requires new equipment or workspace |
| Customer demand | Must be on-site to serve customers |
| Reorganising existing staff | Cannot cover reduced hours across team |
| Recruiting additional staff | Cannot fill the gap without new hire |
| Quality impact | Work quality requires full-time presence |
| Performance impact | Productivity would fall materially |
| Insufficiency of work | Not enough to fill proposed hours |
| Structural changes | Business is about to restructure |
After a Refusal
- Request a written decision citing the specific ground
- Appeal internally using your employer’s appeals process
- Consider whether the refusal is indirect discrimination (e.g. disproportionate impact on women with childcare)
- Contact ACAS if the process was not followed correctly
What Happens if Your Flexible Working Request Is Refused?
Since April 2024, employers must respond within 2 months. A refusal must be based on one or more of the eight statutory business reasons:
- Burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Insufficiency of work during the proposed hours
- Planned structural changes
If you believe the refusal is unreasonable:
- Appeal internally — you should have an appeal right within the employer’s procedure
- Raise a grievance if the procedure was not followed correctly (e.g. decision made without a meeting, without proper consideration)
- Employment tribunal — you can make a claim for failure to follow the statutory procedure; compensation is up to 8 weeks’ pay (capped at £643/week in 2025/26)
If refusal relates to a disability and homeworking or reduced hours would be a reasonable adjustment, the Equality Act provides stronger protection and uncapped compensation.