The law now
- Employees can make a statutory request from their first day in the job.
- They can make up to two requests in any 12 month period.
- You must give a decision within two months, including any appeal, unless you both agree to extend.
- You must consult the employee before refusing a request.
- You can only refuse for one or more of eight business reasons set out in law.
The eight business reasons
- The burden of additional costs.
- A detrimental effect on ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Inability to recruit additional staff.
- A detrimental impact on quality.
- A detrimental impact on performance.
- Insufficient work during the periods the employee proposes to work.
- Planned structural changes.
How to handle a request well
- Acknowledge it quickly and arrange to talk.
- Meet and listen. Understand what they need and why it matters. Explore options together.
- Look for a yes. If the full request won't work, could part of it? Could a different pattern? Could you try it?
- Consider a trial period with a review date, so you can both see how it works in practice.
- Decide in writing. If you agree, confirm the new terms and start date. If you refuse, explain which business reason applies and why, in plain words.
- Offer an appeal, within the two month window.
Watch for discrimination
Refusing requests linked to childcare can be indirect sex discrimination if it can't be justified. Requests linked to a disability may also be a request for a reasonable adjustment. Be consistent across your team, and keep notes of how you reached your decision.
What's changing in 2027
The Employment Rights Act 2025 will tighten the rules, so that refusals must be reasonable as well as fitting one of the business reasons. The government consulted on the new framework, and the details and start date are still being confirmed. Get into good habits now: a real conversation, a genuine look at options, and a clear written reason.
Want your managers confident in these conversations?
The Manager Capability Training walks managers through absence, conduct, performance, flexible working and more, with real scenarios and a certificate at the end.
Common questions
Can employees ask for flexible working from day one?
Yes. Since 6 April 2024, employees can make a statutory request from their first day.
How long do I have to decide?
Two months from receiving the request, including any appeal, unless you both agree a longer time.
Do I have to meet the employee?
You must consult them before refusing. A conversation is the best way to do that.
What reasons can I use to refuse?
Only the eight business reasons set out in law, such as extra costs or an inability to meet customer demand.
References: GOV.UK, Flexible working; Acas, Code of Practice on requests for flexible working; GOV.UK, Employment Rights Act 2025 implementation.