Do I have a right to flexible working from day one?

Yes — since April 2024, every employee in the UK has the right to request flexible working from day one of employment. Previously you needed 26 weeks of service. You can make up to 2 requests in any 12-month period. Your employer must deal with your request within 2 months (unless you agree a longer timeframe) and can only refuse for one of 8 specific business reasons set out in law.

Can my employer refuse a flexible working request?

Yes, but only for one of 8 specific statutory 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 periods proposed, or planned structural changes. Your employer must consult with you before refusing and explain which reason applies. If you believe the refusal is unfair, you can appeal internally or take the matter to an employment tribunal.

What types of flexible working can I request?

Flexible working covers any change to your working pattern, including: part-time hours, compressed hours (e.g. 4 longer days instead of 5), flexitime (choosing start/finish times), job sharing, remote working or working from home, hybrid working (mix of office and home), staggered hours, annualised hours, and term-time working. You can request any arrangement — there's no set list of what counts.

Can I be dismissed for requesting flexible working?

No — dismissing someone or treating them unfavourably for making a flexible working request is automatically unfair dismissal. You don't need any qualifying service to bring this claim. If your employer treats you badly because of a flexible working request, you can bring a claim to an employment tribunal.

Flexible Working Rights UK 2026 — Day-One Right Explained | PocketWise

Since April 2024, every employee in the UK has the right to request flexible working from their very first day. Here’s how it works and what your employer must do.

Key Facts

Feature	Detail
Right to request	From day one of employment
How many requests per year	2
Employer response deadline	2 months (unless you agree longer)
Must employer agree?	No — but must consult you and give a valid statutory reason if refusing
Who can request	Any employee (not workers or self-employed)
What you can request	Any change to hours, times, or location of work

Types of Flexible Working

Type	What it means
Part-time	Fewer hours per week than full-time
Compressed hours	Full-time hours in fewer days (e.g. 4 × 10-hour days)
Flexitime	Choose your start and finish times within core hours
Remote working	Work entirely from home or another location
Hybrid working	Split time between office and home
Job sharing	Two people share one full-time role
Staggered hours	Different start/finish/break times from colleagues
Annualised hours	Total hours calculated over the year with flexibility in when you work them
Term-time working	Work only during school term times (unpaid during holidays)

How to Make a Request

Step-by-step

Step	Action
1	Put your request in writing (email is fine)
2	State it’s a “statutory flexible working request”
3	Include the date of the request
4	Describe the change you want and when you’d like it to start
5	Explain how any impact on the business could be managed
6	State whether you’ve made a previous request and when
7	Keep a copy for your records

What to Include in Your Request

Element	Example
Type of change	“I’d like to work from home on Mondays and Fridays”
Start date	“From 1 June 2026”
Impact on work	“I can attend all team meetings via video call and my output won’t be affected”
How to manage impact	“My colleague X can cover in-person queries on those days”
Previous requests	“I have not made a flexible working request in the last 12 months”

What Your Employer Must Do

Requirement	Detail
Consult with you	Must discuss the request with you before making a decision
Respond within 2 months	Including any appeal (unless you agree to a longer timeframe)
Give a valid reason if refusing	Must cite one of the 8 statutory grounds
Not treat you unfavourably	For making a request
Consider the request reasonably	Not just automatically refuse

The 8 Statutory Reasons for Refusal

Reason	What it means
1. Burden of additional costs	The change would cost too much
2. Detrimental effect on meeting customer demand	Customers would be affected
3. Inability to reorganise work among existing staff	Other staff can’t cover the work
4. Inability to recruit additional staff	Can’t hire someone to cover
5. Detrimental impact on quality	Quality of work would suffer
6. Detrimental impact on performance	Output/productivity would drop
7. Insufficiency of work during proposed periods	Not enough work at the times you want to work
8. Planned structural changes	Business reorganisation is planned

Your employer cannot refuse for reasons outside this list. “We’ve never done it before” or “it wouldn’t be fair to others” are not valid legal reasons.

If Your Request Is Refused

Step	Action
1	Ask for the refusal in writing with the specific statutory reason
2	Appeal internally if your employer has an appeal process
3	Contact ACAS for early conciliation (required before tribunal)
4	Consider an employment tribunal claim if you believe the refusal was unreasonable

What You Can Claim At Tribunal

Claim	Detail
Failure to deal with request properly	Employer didn’t follow correct procedure
Refusal based on incorrect facts	The stated reason isn’t supported by evidence
Automatic unfair dismissal	If you were dismissed for making a request
Compensation	Up to 8 weeks’ pay for procedural failures
Discrimination	If the refusal is linked to a protected characteristic (e.g. sex, disability) — unlimited compensation

Flexible Working and Discrimination

Situation	Potential discrimination
Mother’s request for part-time refused, father’s wasn’t	Sex discrimination
Disabled employee’s request for home working refused without considering reasonable adjustments	Disability discrimination
Older worker’s request for reduced hours refused where younger workers’ requests were granted	Age discrimination
Pregnant employee’s request refused	Pregnancy/maternity discrimination

If flexible working is refused and it disproportionately affects people of a particular sex, age, or disability status, this could be indirect discrimination — which carries unlimited compensation.

Trial Periods

Detail	Information
Can you request a trial?	Yes — often a good way to persuade a reluctant employer
How long?	Typically 3–6 months
What happens after?	Review with your employer — make permanent, adjust, or revert
Is employer obliged to offer a trial?	No — but it’s good practice and ACAS recommends it

Practical Tips

Tip	Why
Frame it around business benefit	Employers respond better to “how this helps” than “what I want”
Suggest a trial period	Reduces employer risk
Be specific	Vague requests are easier to refuse
Put it in writing	Creates a paper trail and makes it a formal statutory request
Know your rights	An employer who doesn’t follow the process is already breaking the law
Keep records	Save emails, meeting notes, and any response

Flexible Working Rights UK 2026 — Day-One Right Explained

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