Flexible Working Rights UK 2026 — Day-One Right Explained
Your right to request flexible working from day one of employment. How to make a request, what your employer must do, and what happens if they refuse.
·4 min read
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