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Flexible Working

At present, parents of children under 17 (or 18 if disabled) and carers of certain adults have the right to make a request for flexible working; allowing them to ask their employers whether they can change their hours, job share, work from home, switch to part-time or term-time working, or for any other change to their contractual working pattern.

Importantly, the law does not give parents the right to work flexibly, but makes it easier for an employee to make a request and have it properly considered.

To qualify for the right, employees must have worked for 26 weeks continuously for their employer at the date of the request. The employer is under a duty to follow a set procedure and properly consider the request. In practice, employers have a wide scope for rejecting requests if they have a valid business reason for doing so.

Your right to request flexible working

Since 6 April 2024, every employee has the legal right to request flexible working from their first day in a job (GOV.UK, correct as at October 2026). You no longer need 26 weeks’ service, and the right is not limited to parents or carers. This change was made by the Flexible Working (Amendment) Regulations 2023. The Employment Relations (Flexible Working) Act 2023 also means you can now make two requests in any 12-month period. Your employer must usually decide within two months, unless you both agree to a longer period (GOV.UK). An employer can still refuse a request if it has a good business reason.

How to make a request for flexible working

  • Your application must be in writing. If it is well thought out, this will increase the chances of your employer agreeing to the change.
  • Think carefully before you make a request. If granted, the change will be permanent unless agreed otherwise.
  • You can complain to an employment tribunal within 3 months if your employer fails to follow the set procedure or if they reject your application unfairly. The tribunal may order the employer to reconsider, or award compensation of up to 8 weeks' pay. You may also have an additional claim for indirect sex discrimination.

Get in touch with our employment law solicitors in Orpington

Our employment law solicitors in Orpington advise employees across Kent and London on flexible working requests. We can help you prepare a clear request, respond to a refusal, or consider your options if your employer has not followed the correct process. Call 01689 887887 or email cwj@cwj.co.uk to speak to our team.