Flexible working rights — day one requests and how to challenge refusal

The Employment Relations (Flexible Working) Act 2023 overhauled the regime. The 26-week wait is gone. You get two requests per year. And employers must consult you before refusing. If they get any of this wrong, you can go to tribunal.

Flexible working refused? Understand your rights under the 2024 changes

Know your flexible working rights

When can I request flexible working?

Since 6 April 2024, you have a right to request flexible working from your first day of employment. The previous 26-week qualifying period was removed by the Employment Relations (Flexible Working) Act 2023.

How many flexible working requests can I make per year?

Since April 2024, you can make two statutory flexible working requests in any 12-month period, up from one. Each request triggers the employer's duty to respond within two months.

On what grounds can an employer refuse a flexible working request?

Employers can only refuse on one of eight specified business grounds: 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; detrimental impact on performance; insufficiency of work during the proposed hours; planned structural changes.

What if my flexible working request is refused?

If refused, you should receive written reasons. You can appeal internally. If the refusal was not based on one of the eight permitted grounds, or the employer failed to follow the correct procedure, you can bring a claim to the Employment Tribunal. If the refusal amounts to discrimination (e.g. disadvantaging disabled people or women with caring responsibilities), you have a separate discrimination claim.

Can I be dismissed for requesting flexible working?

Dismissal because you made a flexible working request is automatically unfair under the Employment Rights Act. If the dismissal is also connected to a protected characteristic (disability, sex, etc.), it is discrimination as well.

Flexible Working — 2024 Changes

Flexible working rights — day one requests and how to challenge refusal

Last updated: April 2026 — reflects Employment Relations (Flexible Working) Act 2023

Right to request from your first day — no waiting period since April 2024

You can make two requests per 12-month period

Your employer must respond within 2 months

What "flexible working" covers

A flexible working request can ask for changes to your hours, times, or location of work. Common requests include:

The 8 grounds on which an employer can refuse

An employer can only refuse a flexible working request on one or more of these eight statutory grounds. They cannot simply say "it doesn't suit the business" — they must identify which ground applies and explain why:

The refusal must also follow consultation with you before the final decision. Since April 2024, this is a mandatory step — not just good practice.

When a refusal may amount to discrimination

Even a refusal that cites a valid business ground may still be unlawful discrimination if the flexible working pattern is more likely to be needed by employees who share a protected characteristic. For example:

Flexible working questions answered

Flexible working refused without proper reasons?

Start My Claim helps you work out whether the refusal was lawful, whether it amounts to discrimination, and what to do next — free to start.

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