Flexible Working Rights UK 2024: What You Need to Know

The rules around flexible working in the UK changed significantly in April 2024. If you're planning to return to work, currently employed and want to change your arrangement, or just want to understand your rights — this guide explains everything clearly.

What Is a Flexible Working Request?

A flexible working request is a formal written request to change your working pattern. This includes:

Reducing your hours (e.g. from full-time to part-time)
Changing your hours (e.g. to school-hours shifts)
Working from home or in a hybrid arrangement
Compressed hours (e.g. full-time hours over 4 days instead of 5)
Job sharing
Term-time working only

Previously, only employees with 26 weeks' service could make a request, and they were limited to one per year. All of that has now changed.

What Changed in April 2024

The Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024, introducing four key changes:

1. The Right Applies From Day One

Previously you needed 26 weeks of continuous employment before you could make a flexible working request. That requirement has been abolished. You can now make a request from your first day of employment — including before you've started, at the offer stage.

This is a significant shift. It means you can negotiate your working pattern as part of accepting a job, giving you far more leverage.

2. You Can Make Two Requests Per Year

Previously, employees could only make one flexible working request every 12 months. The new rules allow two requests in any 12-month period. This matters if your first request is refused and you want to try a modified approach, or if your circumstances change.

3. Employers Must Consult Before Refusing

Under the old rules, an employer could simply write back and refuse. Now, before any refusal, they must consult with you — hold a meeting to discuss the request and explore alternatives. This is a meaningful procedural protection.

4. Faster Response Time

The deadline for employers to respond has been reduced from 3 months to 2 months. You'll get a decision more quickly, and any process taking longer than 2 months without your agreement may be a breach of the statutory procedure.

The Eight Grounds for Refusal

An employer cannot refuse a flexible working request simply because they don't like the idea. They must cite one (or more) of eight statutory business grounds:

The burden of additional costs
A detrimental effect on the ability to meet customer demand
An inability to reorganise work among existing staff
An inability to recruit additional staff
A detrimental impact on quality
A detrimental impact on performance
Insufficiency of work during the proposed working hours
Planned structural changes to the business

Note that these grounds are somewhat broad — employers do have meaningful discretion. But they must apply one of these grounds specifically; a vague "it doesn't suit the business" is not sufficient.

How to Make a Request

Your request must be in writing and include:

The date of the request
What change you're requesting and when you'd like it to start
How you think the change will affect the business (and how that impact could be managed)
Whether you've made a previous request and when

You don't have to explain why you want the change. Since April 2024, you don't need to give any reason at all. However, many employment lawyers advise mentioning childcare responsibilities if they're relevant, as it creates a paper trail that supports an indirect discrimination claim if the request is refused.

ACAS has a free template letter available on their website which takes the guesswork out of the format.

If Your Request Is Refused

If your employer refuses after consultation, they must:

Give their decision in writing
State which of the eight grounds applies
Explain why that ground applies to your specific situation

You can then appeal the decision internally. If the appeal fails, you have the right to take the matter to an Employment Tribunal, though most disputes are resolved earlier through ACAS early conciliation, which is free.

Important: you have only 3 months from the date of the decision (or the end of any appeal) to bring a tribunal claim. Don't delay if you're considering this route.

Indirect Discrimination

Even if an employer follows the correct procedure, a refusal can still be unlawful indirect discrimination under the Equality Act 2010 if:

The refusal puts people with a particular protected characteristic at a disadvantage
The characteristic is relevant to why they need flexible working (e.g. childcare responsibilities, which disproportionately affect women)
The employer cannot show the refusal is a "proportionate means of achieving a legitimate aim"

This is a separate and often stronger claim than a flexible working request claim. Employment solicitors regularly bring both together.

The Right to Carer's Leave

Since April 2024, a separate right also came into force: the Carer's Leave Act 2023 gives all employees (from day one) the right to 5 days of unpaid leave per year to deal with caring responsibilities. This applies to caring for a spouse, civil partner, child, parent, or anyone who relies on you due to age, disability, or illness.

This is a separate right from flexible working and does not count against your flexible working request allowance.

Practical Tips

Put everything in writing — your request, the consultation meeting notes, the response. A paper trail is essential if things escalate.
Propose a trial period — this is often easier for employers to agree to than a permanent change. A 3-month trial with a review is a reasonable middle ground.
Frame benefits for the employer — fewer commute days can improve focus; consistent school-hours workers tend to have better attendance and retention. Make the business case.
Know your union — if you're in a union, involve your rep early. They've handled many of these requests and often know what precedents have been set.
Don't resign in frustration — if you resign before exhausting the formal process, you lose most of your employment rights in any subsequent claim.

Further Resources

ACAS (acas.org.uk) — free guidance and template letters
Working Families (workingfamilies.org.uk) — specialist charity with a free legal advice line
Citizens Advice — free in-person and online legal guidance
Maternity Action — specific to maternity, paternity and return-to-work rights

Your rights have never been stronger. If you need flexible working to make your return to work viable, use them.