UK Flexible Working Request FAQ Post-2024 Amendment

The right to request flexible working has been substantially reshaped by the Employment Relations (Flexible Working) Act 2023 (in force from 6 April 2024) and accompanying secondary legislation. By 2026, every UK private limited company (Ltd) employing staff in Great Britain must have a process that satisfies the Acas Statutory Code on Flexible Working Requests and the new statutory architecture in Part 8A of the Employment Rights Act 1996 (sections 80F–80I). This FAQ answers the questions a Gyoseishoshi (行政書士) hears most often from UK Ltd directors managing teams.

Q1. What is a flexible working request?

A statutory request, under section 80F of the Employment Rights Act 1996 (ERA 1996), for a change to:

• Hours worked
• Times when required to work
• Place of work (between home and place of business)

The request must be a change to the employee’s terms and conditions of employment.

Primary source: https://www.legislation.gov.uk/ukpga/1996/18/part/VIIIA

Q2. Who can make a request?

Since 6 April 2024, the right is a day-one right for employees. The previous 26-week qualifying period has been abolished by the Employment Relations (Flexible Working) Act 2023 (which amended section 80F).

Workers (genuine self-employed) and contractors do not have the right under section 80F. They may have similar rights under the Workers (Predictable Terms and Conditions) Act 2023 — see our companion article on zero-hours contracts.

Q3. How many requests can an employee make per year?

Under the 2024 amendment, an employee may make up to two statutory requests in any 12-month period (previously one). This is in section 80F(4) ERA 1996.

Q4. What must the employee include in the request?

Section 80F(2) ERA 1996 requires the request to be:

• In writing
• Dated
• State that it is a statutory request under section 80F
• Specify the change applied for
• Specify the date the change should take effect
• (No longer required as of 2024) explain the effect of the change on the employer

The 2024 amendment removed the obligation to explain the impact on the employer — the burden now sits with the employer to consider and consult.

Q5. How long does the employer have to respond?

Under the Flexible Working Regulations 2014 (SI 2014/1398) as amended by the Flexible Working (Amendment) Regulations 2023 (SI 2023/1273), the employer must:

• Deal with the request within 2 months of receipt (reduced from 3 months in the previous regime)
• Consult with the employee before making a decision (new requirement under the 2023 regulations)
• Notify the employee of the decision in writing

The 2-month period can be extended only by mutual agreement in writing.

Reference: https://www.gov.uk/flexible-working

Q6. What grounds can the employer use to refuse?

Section 80G(1)(b) ERA 1996 sets out eight specified grounds:

1. The burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficiency of work during the periods the employee proposes to work
8. Planned structural changes

The employer must refuse on at least one of these grounds. Other reasons (e.g., a general policy against home working) do not satisfy section 80G unless they fit a statutory ground.

Q7. Must the employer consult before refusing?

Yes — since April 2024, the regulations require the employer to consult the employee before making a decision. Consultation should:

• Be a meeting (in person or virtual)
• Discuss the request and consider alternatives (full vs partial granting, trial period)
• Take place reasonably promptly within the 2-month window

Failure to consult can support a tribunal claim of “not handled in a reasonable manner” under section 80H.

Q8. What is the Acas Statutory Code of Practice?

The Acas Statutory Code of Practice on Requests for Flexible Working came into force on 6 April 2024. The Code:

• Sets standards of “reasonableness” in handling requests
• Covers consultation, response, appeal, evidence
• Is admissible in tribunal proceedings under section 207 of TULRCA 1992
• Failure to follow the Code does not by itself give rise to a claim, but tribunals must take it into account

Reference: https://www.acas.org.uk/acas-code-of-practice-on-requests-for-flexible-working

Q9. Is there a right of appeal?

The statute itself does not require an appeal, but the Acas Code recommends offering one as part of “reasonable” handling. Best practice:

• Offer an appeal to a manager who was not involved in the original decision
• Provide a written response to the appeal
• Consider any new information

Many tribunal cases involving flexible working hinge on the absence of an appeal stage.

Q10. What happens if the employer agrees?

If accepted, the change takes effect from the date specified (or agreed). The employer should:

• Issue a written variation to the contract under section 4 ERA 1996
• Update the section 1 statement
• Communicate the change to payroll and HR systems
• Update any team-level rota or arrangements

The change is permanent unless agreed as a trial period (which the Code encourages where there is uncertainty).

Q11. What can the employee do if refused?

Under section 80H ERA 1996, the employee can present a tribunal claim that:

• The request was not dealt with in a reasonable manner; or
• The decision to reject was based on incorrect facts; or
• The reason given was not one of the eight statutory grounds

Tribunal can order:

• Reconsideration of the request
• Compensation up to 8 weeks’ pay (capped at the statutory week’s pay — £719 for 2025-26, £730 from April 2026; max compensation ≈ £5,840 for 2026-27)

Q12. Can a refused request also be a discrimination claim?

Yes — and this is often the more valuable claim. If the request was made because of a protected characteristic (e.g., a request to reduce hours to manage childcare often correlates with sex; a request related to disability), refusal can be:

• Indirect discrimination under section 19 of the Equality Act 2010 (e.g., requirement to attend the office indirectly disadvantages women with childcare responsibilities)
• Failure to make reasonable adjustments under section 20 (disability cases)
• Direct discrimination under section 13 (rare)

Equality Act compensation is uncapped and includes injury to feelings (Vento bands).

Q13. What about hybrid/remote-working specifically?

Hybrid and remote arrangements are now the most common subject of section 80F requests post-pandemic. Tribunals look at:

• Genuine business need vs blanket “return to office” policy
• Equality Act dimension (women, disabled, carers)
• Whether the role can in fact be performed remotely (job analysis)
• Track record during pandemic remote working

A blanket return-to-office mandate without case-by-case consideration is high risk.

Q14. Common Mistakes — Gyoseishoshi View

Q15. What’s coming next?

The Employment Rights Bill 2025 proposes:

• Strengthening the right to request to a right to flexible working unless the employer can show it is not reasonably practicable
• Mandatory consultation regardless of size
• Extended definition of flexible working (compressed hours, etc.)

Implementation is expected through 2026-2027 by regulations.

Conclusion — From Request to Default

The trajectory of UK flexible working law is clear: from a limited right to request (2014) to a day-one right with stricter procedural safeguards (2024) to a presumption of flexibility (2025+). UK Ltds that build robust processes now will be ready for the 2025 Bill regime.

A Gyoseishoshi cannot represent UK employers or employees in tribunal. Scrib🐮 produces the documents that drive compliant handling: section 80F response templates, Acas Code-aligned consultation frameworks, and section 4 contract variation forms.

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Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not UK solicitors.

Sources

• Employment Rights Act 1996 Part 8A: https://www.legislation.gov.uk/ukpga/1996/18/part/VIIIA
• Flexible working (employer guidance): https://www.gov.uk/flexible-working
• Acas Code on flexible working: https://www.acas.org.uk/acas-code-of-practice-on-requests-for-flexible-working
• Flexible Working (Amendment) Regulations 2023: https://www.legislation.gov.uk/uksi/2023/1273/contents/made