Flexible working requests: what parents are entitled to ask for

6-12 months · Wellbeing · Reviewed 20 June 2026 · All articles

Returning to work after having a baby often means reassessing how, when, and where you do your job. For many parents, the hours and pattern that worked before a child simply do not fit the reality afterwards. The good news is that UK law gives employees a formal right to ask their employer to change their working arrangements, and since April 2024 that right applies from the very first day of employment. This article explains exactly what you are entitled to request, how the process works, what employers can and cannot do, and what steps are available to you if things go wrong.

The statutory right to request flexible working

The right to request flexible working is set out in the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023. The most significant recent change came into force in April 2024: employees no longer need to have 26 weeks of continuous service before making a request. The right now applies from day one of employment.

You can make up to two formal flexible working requests in any 12-month period. This is an increase from the previous limit of one request per year, giving employees more opportunity to renegotiate their arrangements if circumstances change. The right belongs to employees, not workers or self-employed contractors. If you are on a zero-hours contract, your status may affect whether you qualify, and it is worth checking with ACAS or Citizens Advice if you are unsure.

Importantly, you do not need to give a reason for your request. You are not required to explain that you need to collect your child from nursery or that you are struggling with the current commute. However, providing context can help your employer understand your situation and may support a more constructive conversation, particularly where the request would require changes to team operations.

The right is a right to ask, not a right to receive. Your employer must consider your request seriously and follow the correct procedure, but they can decline if they have a valid business reason. The strength of your case and the quality of your proposal can make a real difference to the outcome.

What counts as flexible working

Flexible working is not limited to working from home. The statutory definition covers a broad range of arrangements, and you can request any single arrangement or a combination of several.

Part-time hours involve reducing the total number of hours or days you work each week. This is one of the most common requests from parents returning after parental leave and can range from a small reduction (dropping one afternoon) to a substantial change (moving from five days to three).

A compressed working week means doing the same total number of hours but condensed into fewer days. A common example is working five days of hours across four days and taking a day off. This suits parents who want a full day free for childcare without reducing their income.

Remote or hybrid working means performing some or all of your role from home or another location rather than at the employer's premises. Since the widespread adoption of home working during the pandemic, hybrid arrangements have become much more common and many employers already have policies in place.

Flexitime allows you to vary your start and finish times within agreed core hours. You might start at 7am and finish by 3pm to cover a school run, provided you are available during the core window in the middle of the day.

A job share involves two people splitting one full-time role between them. Each person works part-time and shares the responsibilities of the position. This can require a willing partner, which sometimes makes it harder to set up, but it preserves career continuity while reducing hours.

Term-time only working means you work during school terms and take unpaid leave during school holidays. This is particularly common in roles where demand follows an academic calendar, but can be requested in any sector.

Staggered hours and annualised hours are also covered. Staggered hours involve different start and finish times on different days. Annualised hours set a total for the year, giving more flexibility in how that time is distributed week to week.

Note: Since April 2024, the right to request flexible working applies from day one of employment (previously 26 weeks). Employers must respond within 2 months.

The formal request process

A flexible working request must be made in writing, whether as a letter, an email, or another written format. The request should include your name, the date, the change you are requesting, when you would like it to start, and an explanation of the effect you think it will have on the employer and how that might be dealt with. You should also confirm that you have not exceeded the limit of two requests in the previous 12 months.

Once the employer receives a valid written request, they have two months to deal with it. This period covers any meetings held to discuss the request, any appeal, and the final decision. The employer must notify you of their decision within this two-month window, though you can agree to extend this timeframe if you both want more time to explore options.

The employer must hold a meeting with you before making a decision, unless they intend to accept the request in full. This meeting is your opportunity to discuss the proposal, answer any concerns the employer raises, and explore alternatives or trial arrangements if the original request cannot be accommodated exactly as put.

If the employer refuses, they must do so in writing and must give at least one of the eight statutory business reasons (see the next section). A blanket refusal with no reason given is not legally sufficient. You then have the right to appeal the decision, and the employer must handle any appeal within the overall two-month window.

Once accepted, the change becomes a permanent amendment to your contract unless you both agree to a trial period or a fixed-term arrangement. If your employer agrees to a trial, make sure the terms of what happens at the end of the trial are clear before you begin.

The eight statutory grounds for refusal

An employer cannot refuse a flexible working request for arbitrary or personal reasons. They must cite at least one of the following eight statutory business reasons, and they must show how that reason applies specifically to your case, not just in general terms.

• Burden of additional costs. The requested arrangement would cost the employer significantly more than the current arrangement and that cost is not reasonably justified.
• Detrimental effect on ability to meet customer demand. The employer cannot serve customers adequately if the arrangement changes. This is often cited in customer-facing roles with fixed peak times.
• Inability to reorganise work among existing staff. The tasks currently performed by the employee cannot be redistributed within the existing team without disproportionate disruption.
• Inability to recruit additional staff. Filling any gap created by the arrangement would require hiring, and the employer is genuinely unable to do so, for example due to a specialist skills shortage or budget constraints.
• Detrimental impact on quality. The requested arrangement would materially reduce the quality of the work produced or the service delivered.
• Detrimental impact on performance. There is a genuine reason to believe the arrangement would reduce the employee's output or effectiveness in the role.
• Insufficient work during the proposed working times. The employee is proposing to work hours when there is genuinely not enough work to justify their presence.
• Planned structural changes. The employer has concrete plans to change the structure of the business, such as a reorganisation or redundancy programme, that make the proposed arrangement incompatible.

The employer must not only name the applicable reason but explain how it applies in your situation. A refusal that says only "this does not work for the business" without connecting it to one of these eight reasons is procedurally flawed and can be challenged.

What to do if your request is refused or the process is not followed

If your employer refuses your request, the first step is to check whether they followed the correct procedure and whether they cited a valid statutory reason. If they did not hold a meeting with you, did not respond within two months, or gave a reason that does not correspond to one of the eight statutory grounds, the refusal is procedurally flawed.

You also have the right to appeal internally if you believe the decision was based on incorrect facts. For example, if the employer said the arrangement could not be covered by existing staff but you know that other team members have capacity, you can raise that in an appeal. Use the appeal to present any evidence you have and to clarify anything that may have been misunderstood.

If the internal appeal fails and you believe the refusal was unlawful, you can bring a claim to an Employment Tribunal. The Tribunal can consider two types of claim: one for failure to follow the statutory procedure, and one where the refusal was based on a discriminatory reason. If, for example, your request was refused in circumstances where a male colleague making a similar request was treated more favourably, there may be a sex discrimination claim separate from the flexible working claim itself.

Before going to a Tribunal, you must contact ACAS and go through early conciliation. This is a free service where an ACAS conciliator will speak to both parties and try to help them reach a resolution without the need for formal proceedings. Many cases are resolved at this stage. ACAS also operates a helpline (0300 123 1100) where you can get free and impartial advice on your options before deciding how to proceed.

If your request is simply ignored and your employer does not respond within two months, this also constitutes a failure to follow the statutory procedure, and the same routes are available to you. Document all communications, keep copies of your written request and any responses, and note the dates of any meetings held.

Citizens Advice is another practical resource. They can help you understand your rights, review correspondence from your employer, and advise on whether your situation warrants further action. Their online chat and in-person bureau services are free to use.

How to make a strong request

The law requires employers to consider your request seriously, but a well-prepared proposal significantly increases the chance of a positive outcome. The most effective requests are framed in terms of what works for the business, not only what works for you.

Start by thinking through the role. Which parts of your job require you to be physically present or available during specific hours? Which parts could be done differently without affecting output or colleagues? Identifying this yourself, before the meeting, shows that you have thought about the employer's perspective.

Propose a trial period if you think full acceptance might be a stretch. A three-month trial removes the sense of permanence that can make employers hesitant, and it gives both parties evidence to evaluate. Make clear that you are open to reviewing how the trial is going and adjusting if necessary.

Anticipate the objections. If your role involves client contact, think about how you would ensure continuity when you are not available. If you are part of a small team, consider how cover would work. Addressing these points proactively in your written request shows good faith and makes it harder for the employer to point to unaddressed concerns.

Put everything in writing, even if you have had informal conversations first. The formal process begins with the written request, and having a clear record of what you asked for and when you asked protects you if the process later becomes disputed.

If you are pregnant and requesting flexible working

Making a flexible working request during pregnancy is legally protected. You are entitled to make a request in the same way as any other employee, and your employer is not permitted to treat you detrimentally because you have made or are considering making a request. Doing so could amount to pregnancy discrimination under the Equality Act 2010, which is a separate and serious matter with its own remedies.

In practice, many parents make a flexible working request before or around the time they start maternity or shared parental leave, so that the arrangement is agreed and in place when they return. This is entirely reasonable and commonly done. Your employer should engage with the request in the same way as they would at any other time.

If you are on maternity leave when you want to submit a request, you can still do so. The two-month window for the employer to respond runs from the date the request is received, not from the date you return to work.

Enhanced rights in some sectors and employers

The statutory framework sets the legal floor, not the ceiling. Some employers go significantly beyond the minimum, either because of sector-wide agreements, trade union negotiations, or their own flexible working policies.

Public sector employers, including the NHS, central government departments, and local authorities, often have more generous flexible working policies than the statutory minimum requires. In some cases, these policies include a right to work flexibly unless there is a specific operational reason why it is not possible, which places a higher bar on refusals than the statutory framework alone. If you work in the public sector, check your employer's HR policies before assuming the statutory process is all that applies.

Larger private sector employers in sectors such as financial services, technology, and professional services often have similar enhanced policies following the expansion of remote and hybrid working. Check your contract of employment and your employer's internal HR policies, as these may give you additional routes for requesting changes or appealing refusals that go beyond what the law requires.

Trade union members may also have access to collective agreements that provide stronger protections or a more structured process. If you are a union member, speak to your representative before making a formal request. They can advise on what the collective agreement says and may be able to accompany you to any meetings.

Frequently asked questions

Who has the right to request flexible working?

Since April 2024, all employees in the UK have the right to request flexible working from the first day of their employment. Previously the right only applied after 26 weeks of service. You can make one formal request every 12 months. The right applies regardless of your reason for requesting; you do not need to explain why you want to work flexibly, though doing so may strengthen your case.

What counts as flexible working?

Flexible working covers a wide range of arrangements. These include part-time hours, a compressed working week (for example, five days compressed into four), remote or hybrid working, flexitime (choosing when within core hours you work), a job share, term-time only working, staggered hours, and annualised hours. You can request any one or a combination of these arrangements.

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

An employer can only refuse a formal flexible working request by citing one of eight statutory business reasons. These are: the burden of additional costs, a detrimental effect on the ability to meet customer demand, an inability to reorganise work among existing staff, an inability to recruit additional staff, a detrimental impact on quality, a detrimental impact on performance, insufficient work during the proposed working times, or planned structural changes. The employer must explain how the reason applies in your specific case.

What can I do if my flexible working request is refused?

You should first check whether the employer followed the correct procedure and cited a valid statutory reason. If they did not, or if the decision was based on incorrect facts, you can appeal internally. If the internal appeal fails and you believe the refusal was procedurally flawed or based on discriminatory grounds, you can make a claim to an Employment Tribunal. ACAS offers a free early conciliation service before tribunal proceedings and a helpline for guidance. Citizens Advice can also help you understand your options.

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