Flexible working request UK 2026/27

Day 1 right (April 2024)

Removed 26-week qualifying period. All employees + workers with employment contract can request from day 1.

What can be requested

• Compressed hours (e.g. 5 days into 4)
• Part-time hours
• Job share
• Home working / hybrid
• Term-time only
• Shift changes
• Later start / earlier finish
• Reduced total hours

Request limits

• 2 requests per 12-month period
• Reasonable business reason for making request

Employer duties

• Handle reasonably (fair process)
• Respond within 2 months (extended if agreed)
• Consult with employee before refusal
• Written decision with reasons
• Right of appeal (best practice)

8 lawful refusal grounds

1. 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 proposed working times
8. Planned structural changes

Any other reason = potentially unlawful refusal.

Employee options if refused

1. Appeal via employer's process
2. ACAS Early Conciliation
3. Employment tribunal within 3 months

Tribunal can: - Order employer to reconsider - Award compensation up to 8 weeks' pay (capped at £700/week = £5,600 max in 2026)

Discrimination overlap

Refusal disproportionately affecting protected group = indirect discrimination: - Common example: refusing part-time to woman with childcare = potential sex discrimination - Discrimination claim uncapped compensation - Reasonable adjustments where disability

In short

Flexible working = day 1 right since 2024. 2 requests/year. 2-month response. 8 refusal grounds. Discrimination overlap uncapped.