Flexible Working Request Refused? Your rights and what to do next

Flexible Working Request Refused? Your rights and what to do next

Flexible working can help you change when, where or how you work.

You might need different working hours because of childcare, caring responsibilities, travel, personal circumstances or because a different working pattern would make it easier for you to remain in employment.

If you are legally classed as an employee, you currently have the statutory right to request flexible working from the first day of your employment. You can make up to two statutory requests within a 12-month period, although you cannot normally have two statutory requests running at the same time.

Importantly, having a right to request flexible working does not currently mean your employer has to agree to every arrangement you propose.

However, your employer must follow the statutory process and consider your request reasonably.

The law is also changing again. New flexible-working provisions are due to introduce a reasonableness test in 2027, strengthening the framework for workers making statutory requests.

This Workers Union guide explains how to make a request, what your employer should do and what options you may have if your flexible-working request is refused.

Can I request flexible working from my first day?

Yes, if you have employee status.

Employees can make a statutory application for flexible working from their first day in a job.

This is an important change from the previous system, under which an employee generally needed 26 weeks of continuous employment before becoming eligible to make a statutory request.

The day-one right has applied since April 2024.

However, employment status can matter. If you are uncertain whether you are legally an employee, it may be sensible to establish your employment status before relying on the statutory procedure.

How many flexible-working requests can I make?

You can currently make two statutory flexible-working requests during any 12-month period.

You cannot make another statutory request while an earlier request is still proceeding.

This means it is worth giving careful consideration to the arrangement you request rather than submitting multiple variations without first discussing the situation with your employer.

How do I make a flexible-working request?

A statutory flexible-working request should be made in writing.

You can write to your employer or send an email. Your workplace may also have its own HR system or flexible-working application process.

Your written request should include:

• the date of your request;
• confirmation that you are making a statutory flexible-working request;
• the change you want to make;
• when you would like the change to begin; and
• whether you have previously made a statutory flexible-working request to the same employer and, if so, when.

Be clear.

For example, rather than writing:

“I would like more flexible hours.”

Explain exactly what you are requesting, such as changing your normal working hours from 9am–5pm to 8am–4pm, or working your contracted hours across four longer working days rather than five.

Your employer needs to understand the arrangement you are proposing before it can properly consider it.

Official GOV.UK guidance on applying for flexible working

How can I make my flexible-working request stronger?

You are not required to produce a detailed business plan to exercise your statutory right.

Nevertheless, preparing for the conversation can help.

Think about the arrangement you ideally want and whether there is an alternative you could accept if your first proposal cannot be accommodated.

You could also consider practical issues such as:

• customer or service coverage;
• meetings;
• shift changes;
• workload;
• communication with colleagues;
• supervision; and
• whether another arrangement could achieve a similar result.

For example, if working from home three days each week is not possible, would two days achieve much of what you need?

If reducing your hours would cause financial difficulties, could compressed hours provide greater flexibility while allowing you to retain your existing hours?

Thinking about alternatives does not mean you should automatically abandon your preferred arrangement.

It simply puts you in a stronger position to have a constructive discussion with your employer.

What happens after I submit my request?

Your employer should consider your statutory request in a reasonable manner.

Under the current rules, the employer must discuss the request with you before refusing it and must normally make a decision within two months, unless you both agree to a longer period.

If your employer agrees to the request, it should confirm the agreed changes and their start date.

The employer must then change your contractual terms and conditions to reflect the approved arrangement. GOV.UK states that this should be done as soon as possible and no later than 28 days after approval.

Can my employer refuse my flexible-working request?

Yes.

Under the current system, the right is a right to request flexible working rather than an unrestricted right to receive the arrangement you ask for.

However, an employer cannot simply reject a statutory request without relying on an appropriate business reason.

The recognised reasons for refusing a statutory request include:

• additional costs that would damage the business;
• an inability to reorganise the work among existing staff;
• an inability to recruit people to do the work;
• a detrimental effect on quality;
• a detrimental effect on performance;
• an inability to meet customer demand;
• insufficient work during the proposed working periods; or
• planned changes to the workforce.

Your employer must also discuss the request with you before refusing it.

GOV.UK guidance on what happens after a flexible-working application

My flexible-working request has been refused. What should I do?

A refusal does not necessarily have to be the end of the conversation.

Start by reading the employer’s decision carefully.

Identify exactly why your employer believes the arrangement cannot work.

Then consider whether:

• your employer has misunderstood your proposal;
• information used to reach the decision is incorrect;
• circumstances have not been properly considered;
• a modified working arrangement could solve the problem;
• an alternative working pattern could achieve what you need; or
• your employer has an internal appeal procedure.

It can be useful to respond to the specific reason given rather than simply resubmitting the same request.

For example, if your employer says your proposed hours would leave a particular period uncovered, you could consider whether slightly different start and finish times would solve that problem.

Keep copies of your request, the employer’s response and any subsequent correspondence.

Can I appeal against a refusal?

Check your employer’s flexible-working policy or staff handbook to see whether it provides an internal appeal process.

If an appeal is available, explain clearly why you believe the decision should be reconsidered.

This might be because relevant information was overlooked, factual information was incorrect or an alternative arrangement could address the employer’s concern.

An appeal should normally concentrate on the reason for the refusal rather than simply repeating your original application.

Can I go to an Employment Tribunal?

There are circumstances in which an employee may be able to make a complaint to an Employment Tribunal concerning the handling of a statutory flexible-working request. GOV.UK specifically notes that an employee may be able to complain to a tribunal where an employer disagrees with the request.

However, a disagreement over flexible working does not automatically mean you have a successful tribunal claim.

The facts, the statutory procedure followed and the legal basis for any complaint matter.

Workers considering formal legal action should therefore make sure they understand the relevant legal position and applicable time limits.

What if I am treated badly because I requested flexible working?

Keep a written record if you believe your treatment at work changed after making your request.

This could include:

• emails;
• messages;
• meeting notes;
• changes to duties;
• changes to shifts;
• changes to responsibilities;
• correspondence concerning the request; and
• your employer’s written decision.

Contemporaneous records can be important if a disagreement later develops about what happened or why a particular decision was made.

What if my request relates to a disability?

If you are asking for a change because of a disability, your situation may involve legal considerations beyond the statutory flexible-working procedure.

A flexible-working request and a request for a reasonable adjustment connected with disability are not necessarily the same thing.

You should therefore avoid assuming that the outcome of an ordinary flexible-working application automatically determines whether an employer has additional legal responsibilities relating to disability.

Where this applies to you, seek guidance based on your individual circumstances.

What if I have caring responsibilities?

Flexible working can be particularly important for workers balancing employment with responsibility for children, elderly relatives or other dependants.

Depending on the role, changes to working hours, shifts or working location could help someone remain in employment while meeting those responsibilities.

If caring responsibilities are driving your request, think carefully about what change would genuinely make your situation sustainable.

For some workers, that might mean different start and finish times. For others, it could involve fewer working days, compressed hours, part-time work or a different location.

You do not necessarily need the same arrangement as another employee. Flexible working is about considering what can reasonably operate in the circumstances of the individual job and workplace.

What is changing with flexible working in 2027?

This is where workers need to distinguish between their rights today and forthcoming reforms.

The Government confirmed the outcome of its flexible-working consultation on 15 September 2026. More than 1,000 responses were received from individuals, employers, representative organisations, legal organisations, academics and others.

The forthcoming framework introduces a new reasonableness test.

The Government has stated that this will mean employers must accept statutory flexible-working requests that are reasonable and feasible.

Where an employer considers refusing a request, consultation with the employee will remain important. If the employer ultimately rejects the application, it will have to explain why its decision is reasonable. The Government says the new test will come into force in 2027.

This is potentially an important strengthening of the current framework.

At present, employers can refuse statutory requests using one or more of the recognised business reasons.

The forthcoming system introduces the additional question of whether refusing the particular request is reasonable.

Workers should not, however, present the new reasonableness test to their employer as though it were already in force.

Until the new provisions commence, the existing statutory framework continues to apply.

Read the Government’s flexible-working consultation outcome

Before Making a Flexible-working Request

Before submitting your request, ask yourself:

What exactly do I want to change?

Be precise about the hours, days, times or location you are proposing.

When do I want the change to start?

Give your employer a clear proposed start date.

What could I accept as an alternative?

Consider whether another arrangement could achieve most of what you need.

What practical issues might arise?

Think about coverage, customers, colleagues, workloads or shifts.

Have I checked my employer’s policy?

Your organisation may have its own procedure or application form.

Have I kept a copy?

Keep your request and subsequent correspondence somewhere accessible.

Frequently Asked Questions

Need help with a flexible-working problem?

A flexible-working disagreement can become difficult when you believe your request has not been properly considered, the reasons given for refusing it do not reflect your circumstances or the situation begins to affect your relationship with your employer.

If you are a member of The Workers Union, you can use your membership to seek guidance about your individual workplace circumstances.

Before contacting us, it can help to have your:

• employment contract;
• original flexible-working request;
• employer’s written response;
• relevant workplace flexible-working policy; and
• subsequent correspondence.

Having this information available can help us understand what has happened and provide more focused support.

Get help from The Workers Union