Flexible working requests in 2026

If you’ve noticed more flexible working requests hitting your desk lately, you’re not alone. Since the law changed in April 2024, every employee now has the statutory right to request flexible working from their very first day on the job. No more waiting periods, no more service requirements.

For many UK employers, this shift has raised plenty of questions. How do you handle these requests fairly? What happens if you need to say no? And how do you make sure you’re staying on the right side of the law whilst running your business effectively?

We’ll walk you through everything you need to know about flexible working requests in 2026, from understanding the legal changes to managing the process step-by-step. Whether you’re dealing with your first request or your fiftieth, you’ll find practical advice that helps you get it right.

What counts as a statutory flexible working request?

Let’s start with the basics. A statutory flexible working request is when an employee formally asks to change how they work. This could mean adjusting their hours, changing when they start and finish, or altering where they work (like shifting from office-based to home-based or hybrid).

Common examples include working from home a few days a week, switching to a four-day working week with longer hours, changing shift patterns to fit around childcare, or moving to part-time hours. The key point is that it’s about changing the ‘when and where’ of work rather than what work gets done.

The legal landscape: what’s changed and why it matters

Before April 2024, employees needed to clock up 26 weeks of service before they could make a statutory flexible working request. That’s all gone now. From day one on the job, any employee can submit a formal request, and you’re legally required to handle it properly.

There are a few other important changes worth knowing about. Employees can now make two statutory requests in any 12-month period instead of just one. You’ve also got a shorter window to make your decision, which is two months instead of three (including any appeal). And perhaps most significantly, you’re now required to consult with the employee before refusing their request, rather than simply turning it down.

These changes are part of a wider shift in employment law, including the Employment Rights Act 2025, which puts employee rights and workplace flexibility front and centre.

Your step-by-step process for handling requests

Right, so a flexible working request lands in your inbox. What next? Here’s how to handle it properly from start to finish.

Step one: check it’s a valid request

A proper statutory request should include specific details such as what change the employee wants, when they’d like it to start, confirmation that it’s a statutory request, and details of any previous requests they’ve made. If something’s missing, you can ask the employee to provide it, but don’t use this as a reason to delay unnecessarily.

Step two: assess the impact

Take an honest look at how the request would affect your business. Think about the team, the workload, customer needs and operational requirements. But don’t stop there, as you also want to consider the benefits. Could this arrangement boost retention, improve productivity or help you attract talent? Many employers find that flexible working delivers real business advantages when they give it a fair chance.

Step three: have a conversation

This is where the consultation requirement comes in. Unless you are happy to simply grant the request in full, you need to meet with the employee (whether in person or remotely) to discuss their request properly. Rather than seeing it as a box-ticking exercise, see it as an opportunity to explore options, understand their needs and work out a solution that could benefit everyone.

Keep clear notes of the discussion and be open to alternatives. Perhaps they’ve asked for three days at home, but two would work better for the business. Maybe a different start time would be more practical than the one they’ve suggested. The conversation is where you find the middle ground.

Step four: make your decision

You’ve got two months from receiving the request to give your answer, unless you and the employee agree to extend this. Whatever you decide, put it in writing. If you’re approving the request, confirm the new working arrangement and when it starts. If you’re refusing it, you need to explain which business reason applies and why.

The eight reasons you can refuse (and how to use them safely)

The thing about flexible working requests is you don’t have to say yes. But you can only refuse if one of eight specific business reasons applies, and you need to show you’ve thought it through properly.

The statutory reasons are the burden of additional costs, detrimental effect on the 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 periods the employee proposes to work, and planned structural changes.

The key word here is “business”. You need a genuine operational reason; things like “I prefer people in the office” or “it’s always been done this way” won’t cut it. And here’s where it gets tricky: even if you have a valid business reason, you need to watch out for discrimination risks.

If someone’s requesting flexible working because of a disability, caring responsibilities or pregnancy, refusing their request could land you in hot water under the Equality Act, even if you’ve followed the flexible working procedure to the letter. When you’re dealing with these situations, it’s worth getting proper HR services or employment law advice before you make your final decision.

Linking flexible working to your wider people strategy

Flexible working isn’t just about compliance, it’s about creating an environment that actually works for your team. Done well, it can boost employee engagement, help you hold onto your best people and make you more attractive to top talent.

The post-pandemic shift has changed expectations permanently. For many employees, some element of flexibility is now a deal-breaker when they’re considering a role. If you’re still treating flexible working as a rare perk rather than a normal part of how you operate, you might find yourself struggling to compete for talent.

That said, flexibility needs to work both ways. You need clear expectations around availability, communication and performance. Regular check-ins become even more important when people aren’t all in the same place at the same time. Focus on outputs rather than presenteeism, and make sure your managers have the skills to lead remote or hybrid teams effectively.

Getting your policy and processes up to scratch

If your flexible working policy still mentions 26 weeks’ service or talks about one request per year, it’s time for an update. Your policy needs to reflect the current law, and it should also fit with your wider approach to things like homeworking, health and safety and performance management.

Make sure your line managers understand the process too. They need to know how to handle requests fairly, when to escalate to HR and how to document decisions properly. A consistent approach across your organisation is essential for avoiding discrimination claims and maintaining employee trust.

When to bring in expert support

Sometimes you need an extra pair of hands or an expert view on a tricky situation. If you’re dealing with a high volume of requests, complex roles, potential discrimination issues, or you’re not confident your policies are up to date, that’s when external HR support can really pay off.

At Vero HR, we’ve been helping UK businesses navigate employment law changes for more than 20 years. Whether you need help updating your flexible working policy, advice on a specific request or training for your management team, contact us, and we’re here to make sure you get it right.