Home working is no longer a temporary arrangement for many — but the right to it depends on your contract and the flexible working request process, not a statutory entitlement.
What Changed in April 2024
The Employment Relations (Flexible Working) Act 2023 made significant changes:
| Before April 2024 | From 6 April 2024 |
|---|---|
| Must have 26 weeks’ service | Can request from day one |
| One request per year | Two requests per 12 months |
| Employer had 3 months to respond | Must respond within 2 months |
| No duty to consult before refusing | Must consult before refusing |
These changes make flexible working requests more accessible but do not create an automatic entitlement to home working.
The 8 Grounds for Refusal
Your employer can still refuse if one of these applies:
- 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 proposed hours/location
- Planned structural changes
If none of these genuinely apply, the refusal may be challengeable.
If Your Contract Already Includes Home Working
If home working is a contractual term (written into your contract or an agreed variation), your employer cannot remove it without your consent — the same rules on contract variation apply.
Disabled Employees
If home working is a reasonable adjustment for a disability, the employer’s duty to make reasonable adjustments under the Equality Act 2010 applies — even without a formal flexible working request. Refusing a reasonable adjustment is disability discrimination.
Making a Flexible Working Request
Since April 2024, employees have a day-one right to request flexible working (previously required 26 weeks’ service). You can request working from home as a type of flexible working arrangement.
The process:
- Submit the request in writing to your employer
- Employer must respond within 2 months (down from 3 months since April 2024)
- Employer can agree, refuse, or propose an alternative
- If refused, the employer must give a genuine business reason from the statutory list (e.g. burden of additional costs, inability to reorganise work among existing staff)
- You can appeal the refusal
There is no legal right for an appeal to succeed — the right is the right to request and have the request properly considered, not the right to work from home unconditionally. However, an employer who refuses without a valid business reason, or who refuses without following the statutory procedure, may face an employment tribunal claim.
If you need to work from home due to a disability, an additional layer of protection applies under the Equality Act 2010 — allowing homeworking may be a reasonable adjustment, which carries stronger weight than a flexible working request.