Flexible Working Rights 2026

Since April 2024, all employees have a day 1 right to request flexible working (previously required 26 weeks service). Employees can make 2 requests per year and employers must respond within 2 months. The Employment Rights Act 2025 will further strengthen this right, expected later in 2027, by requiring employers to show refusals are reasonable.

Last updated: July 2026

Day 1 (none)

Qualifying service

2

Requests per year

2 months

Response deadline

What the Law Says

The Employment Relations (Flexible Working) Act 2023 amended the Employment Rights Act 1996 to make flexible working a day 1 right from April 2024. Employers must consult with the employee before refusing and can only refuse on one of 8 statutory business grounds. The requirement to explain how the change would affect the business was removed.

Your Obligations as an Employer

  • Consider all flexible working requests reasonably
  • Consult with the employee before refusing a request
  • Respond within 2 months (reduced from 3)
  • Only refuse on one of 8 statutory business grounds

What to Include in Contracts

Include a flexible working policy reference, specify the process for making requests, note that it is a day 1 right, and list the statutory grounds for refusal to ensure transparency.

View related contract template

Common Mistakes

  • Still requiring 26 weeks service before accepting requests
  • Not consulting with the employee before refusing
  • Failing to update policies after April 2024 changes

FAQ

What are the 8 grounds for refusing flexible working?

Burden of additional costs, detrimental effect on ability to meet customer demand, inability to reorganise work among existing staff, inability to recruit additional staff, detrimental impact on quality or performance, insufficiency of work during proposed periods, planned structural changes, and any other ground the Secretary of State may specify.

Can an employer impose flexible working?

No. Flexible working is a right to request, not a right to have. However, employers cannot unilaterally change working patterns without the employee's agreement. Any change to hours or location should be agreed through contract variation.

Related Topics

Working Time Regulations

Right to Disconnect

Discrimination at Work

Stay compliant with UK employment law

AccountsOS generates compliant contracts and keeps you updated on your obligations. From £10/month.

Get Started Free

This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

View all employment law topics