In today’s evolving workplace, flexible working has become increasingly important for employees seeking a better work-life balance. UK law provides employees with the right to request flexible working, but this is subject to employer approval. This article explains who can apply, how to make a request, and what remedies are available if your request is refused.
Who can apply for flexible working?
Under the Employment Relations (Flexible Working) Act 2023, all employees in the UK have the right to request flexible working from day one of their employment. This replaces the previous rule that required 26 weeks of continuous service before making a request.
Flexible working can include:
Remote or hybrid working
Part-time hours
Compressed hours (working full-time hours over fewer days)
Flexitime (choosing start and finish times)
Job sharing
Annualised hours (working a set number of hours per year with flexibility on when)
How to apply for flexible working
Employees must make a formal written request, including:
1. The date of the request.
2. The type of flexible working arrangement requested.
3. The start date for the change.
4. How the proposed change may affect the business and possible solutions.
5. Whether a previous request has been made (employees can make two requests per year under the new law).
Employers must respond within two months, either approving or rejecting the request.
When can an Employer refuse a flexible working request?
Employers can only refuse a request for one of the following reasons:
It would cost too much.
The work cannot be reorganised among existing staff.
It would negatively affect quality or performance.
It would impact customer demand.
There is not enough work available during the requested times.
The business is planning structural changes.
Employers are encouraged to consult with employees and explore alternative arrangements before rejecting a request outright.
What to do if your request for flexible working is refused
If your request is denied, you have several options:
1. Appeal the decision
While there is no legal requirement for an employer to allow an appeal, many workplaces have an internal appeals process.
You should explain why you believe the decision was unfair or how it could work differently.
2. Raise a grievance
If you believe the decision was unfair, you can raise a formal grievance under your employer’s grievance procedure.
This is a way to challenge the decision while staying within company policies.
3. Claim for unfair treatment or discrimination
You may have legal grounds to challenge a refusal if:
o The employer did not follow a fair process or respond within two months.
o You were treated unfairly for making the request.
o The decision indirectly discriminates against you (e.g., if you are a parent, carer, or disabled worker).
4. Take your case to an Employment Tribunal
If all internal options fail, you can take your case to an Employment Tribunal for:
o Failure to follow the correct process.
o Unfair dismissal (if you were dismissed for making a flexible working request).
o Discrimination (if refusal disproportionately affects certain groups, such as parents or disabled employees).
You must contact ACAS (Advisory, Conciliation and Arbitration Service) first for Early Conciliation before proceeding to a tribunal.
The right to request flexible working is now available from day one of employment, giving all workers more opportunities to balance their job with personal responsibilities. While employers can refuse a request on business grounds, they must follow a fair and reasonable process. If a request is unfairly refused, employees have several options, from appealing internally to taking legal action.
This article was brought to you by Kidd Rapinet’s employment solicitors. You can book an appointment with any of the employment lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided or seek support from ACAS, or trade unions
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