Will flexible working become a day 1 right?

Employees in Great Britain used to need 26 weeks’ service before they could make a statutory request for flexible working. Since 6 April 2024, flexible working has been a day-one right to request, so an employee can ask to change their working pattern from their first day in a new job.

The change followed a campaign by the CIPD, the professional body for HR, and was made by the Employment Relations (Flexible Working) Act 2023 and related regulations. It applies in both Scotland and England.

What counts as flexible working?

Flexible working means a change to the hours you work, the times you work or the place you work. Examples include part-time hours, compressed hours, flexitime, job sharing, and home or hybrid working.

What changed on 6 April 2024

• The 26-week qualifying period was removed, so the right to request applies from the first day of employment.
• Employees can make two statutory requests in any 12-month period, rather than one.
• Employers must make a decision, including any appeal, within two months of receiving the request, unless the employee agrees to a longer period. The previous limit was three months.
• Employers must consult the employee before refusing a request.
• Employees no longer have to explain in their request what effect the change might have on the business or how that might be dealt with.

An updated Acas Code of Practice on flexible working requests also took effect on 6 April 2024, and tribunals take it into account.

A right to request, not a right to have

The day-one right is a right to ask, and to have the request handled properly. An employer can still say no, but only for one of eight business reasons set out in law:

1. the burden of additional costs
2. a detrimental effect on the ability to meet customer demand
3. an inability to reorganise work among existing staff
4. an inability to recruit additional staff
5. a detrimental impact on quality
6. a detrimental impact on performance
7. insufficient work during the periods the employee proposes to work
8. planned structural changes

If an employer does not deal with a request reasonably, misses the deadline or refuses for a reason not on the list, the employee may be able to bring a tribunal claim, although compensation is limited to eight weeks’ pay, subject to the statutory cap on a week’s pay.

A refusal can also lead to other claims. Turning down a request to reduce hours for childcare reasons may be indirect sex discrimination unless it can be justified, and a disabled employee may be entitled to a change in working pattern as a reasonable adjustment. Our discrimination solicitors can tell you whether this applies to you.

What the Employment Rights Act 2025 will change

Under the Employment Rights Act 2025, from changes expected in 2027, an employer will only be able to refuse a request if it is reasonable to do so on one of the statutory grounds, and it will have to explain to the employee why it considers the refusal reasonable. Until then, the current rules continue to apply.

A four-day working week is not a legal right. You can ask for compressed or reduced hours through a flexible working request, but there is no right to work four days for full pay. You can read more in our article on whether the UK is moving closer to a four-day week.

Tips for employees making a request

• Put your request in writing, date it, say it is a statutory flexible working request and set out the change you want and when.
• Suggest how the arrangement could work, and offer a trial period if your employer is unsure.
• Keep a note of any meetings and of the reasons given for the decision.

If your request has been refused and you are unsure whether it was handled properly, our employment law advice for employees can help you decide on your next steps.

Tips for employers handling a request

Employers who handle requests openly often see benefits in recruitment and retention, as we discuss in our article on the benefits of flexible work hours. Have a written policy, respond within two months, meet the employee before refusing and record your reasons.

An agreed change is a permanent change to the employment contract unless you agree otherwise, so confirm it in writing. Our advice for employers covers policies and difficult requests.

Whether you are making a flexible working request or responding to one, you can book a free 30-minute consultation with our employment solicitors or call 0141 471 9166.