| Acas

1 . The right to request

Important: This advice reflects the current law. We will update this advice in 2024 when new flexible working law comes into force. Read more about the new flexible working law on GOV.UK.

Some employees will have a legal ('statutory') right to ask for a change to their contract with a 'flexible working request'.

For example, they might ask to:

reduce their hours to work part time
change their start and finish time
have flexibility with their start and finish times (sometimes known as 'flexitime')
do their hours over fewer days ('compressed hours')
work from home or elsewhere ('remote working'), all or part of the time
share the job with someone else

The change could be for:

all working days
specific days or shifts only
specific weeks only, for example during school term time
a limited time, for example for 6 months only

Who has the right to request

Employees have the right to make a flexible working request if:

you've employed them for at least 26 weeks
they're legally classed as an employee
they've not made another flexible working request in the last 12 months

If the request is from a parent or carer

The right to request flexible working applies to all employees, including those who are:

parents
carers
women returning from maternity leave

Requests from parents or carers should not be prioritised over requests from other employees.

There might be other ways parents or carers can take time off work. For example, using parental leave or time off for dependants.

If the request is from an employee who's disabled

You should encourage employees to make any type of request that relates to a disability as a reasonable adjustment request.

The main reasons for this are that:

a reasonable adjustment request is often the fastest and most effective way to address a disability-related request
equality law might require you to respond to a disability-related request faster than your flexible working process allows
disability-related requests fall under equality law – you should consider them separately from flexible working requests

If an employee makes a flexible working request and you think it might relate to disability, ask them if this is the case. You should do this sensitively, such as in a private chat.

If it does relate to disability, see if they want to make a reasonable adjustment request instead. If they do not, or if the request is not related to disability, continue to treat it as a flexible working request.

For example, a disabled employee asks for time off on Wednesdays to provide childcare for a relative's child. You should treat this as a flexible working request.

2. Considering a request

Important: This advice reflects the current law. We will update this advice in 2024 when new flexible working law comes into force. Read more about the new flexible working law on GOV.UK.

If your employee has the right to make a flexible working request, it's important to:

ask for the request in writing
consider the request fairly
discuss it with your employee
look at other options if the request is not possible
make a decision based on facts and not personal opinion
only turn down the request if there's a valid business reason
give your employee a decision within 3 months of receiving the request

If you need more time to make a decision, you can extend the time limit if your employee agrees.

If you approve your employee's request, this will usually change the terms of the employment contract.

The importance of following the Acas Code

When making a decision on a flexible working request, you should follow the Acas Code of Practice on flexible working requests.

If a flexible working request case reaches an employment tribunal, judges will take into consideration whether you have followed the Acas Code of Practice on flexible working requests.

The Acas Code applies to those legally classed as employees with 26 weeks' service.

Check your workplace’s policy

You might have your own code or policy with some differences that:

better suits your workplace
allows employees with less than 26 weeks' service to make a request
allows requests from those not legally classed as an employee

It's a good idea to check your policy before making a decision on a flexible working request.

If you do not have a flexible working policy

The Acas Code of Practice on flexible working requests is the minimum you must follow. It's also a good idea to have your own policy for flexible working requests. It can be stand-alone or part of a wider flexible working or equality policy.

Having your own policy can:

help you make the process suit your workplace
help you treat all requests in the same way
make it easy for employees to find out how to make a request

It's best to get input from your employees when you develop a new policy, including employee representatives or trade unions. This can help make sure your policy supports your business and your employees.

Once you have a policy, it's a good idea to:

share it with all employees
train your line managers on how to manage flexible working requests
review it periodically, for example every 12 months

Download an example flexible working policy

Training for employers and managers

To learn more about the Acas Code and how to handle flexible working requests, you can book Acas training on flexible working.

If there's more than one request

You should look at each flexible working request in the order you received them.

If you get the same request from different employees

If you approve a flexible working request for one employee, you do not necessarily have to approve the same request for other employees.

You should make a decision based on whether the business can support the change they've requested.

Example

You get a flexible working request from 2 of your employees at the same time. They've both asked to work the morning shift 5 days a week.

You look at the business and realise you can only support one employee doing the morning shift 5 days a week.

You could either:

explain your dilemma to the 2 employees and see if a compromise is possible, as long as you get their permission to discuss it with each other
approve the first request you received
choose one employee randomly, as long as you’ve made it clear to your employees your policy is to make a random selection

Discussing the request

You should set up a meeting to discuss the request with your employee before making a decision.

It can help to talk about:

the change they're asking for
why they want the change
any problems you see with making the change
any other options, if the change is not possible

It's a good idea to hold the meeting somewhere private, where you can talk confidentially. If you cannot meet face to face, you could also discuss it over the phone.

To acknowledge the request and tell your employee the next steps, you can use our flexible working request response letter template.

If your employee wants to bring someone to the meeting

Your employee might ask to bring someone to a flexible request meeting, for example a co-worker or trade union representative.

There's no legal right for them to bring someone, but it's good practice to allow it.

Allowing the employee to bring someone can:

show your process is open and fair
make the meeting more relaxed
reduce anxiety or stress for your employee
give your employee someone to talk through their options with

3. Agreeing to a request

Important: This advice reflects the current law. We will update this advice in 2024 when new flexible working law comes into force. Read more about the new flexible working law on GOV.UK.

It’s a good idea to give your employee a decision as soon as possible.

There is a time limit of a maximum of 3 months of receiving a request for you to give a decision.

If you need more time, you can only extend the time limit if your employee agrees.

If you agree to the request

If you approve the request, it’s a good idea to confirm it in writing, including:

the agreed change
when the change will start
how long the change will last, if for a fixed period of time
a review date, if the change will be looked at to see how it’s going

When changes must be in writing

If the change affects anything that must legally be in your employee’s employment contract, you’ll need to put it in writing. You must do this within a month of the change taking effect.

This includes changes to:

working hours
pay
job location
holiday entitlement

4. Turning down a request

Important: This advice reflects the current law. We will update this advice in 2024 when new flexible working law comes into force. Read more about the new flexible working law on GOV.UK.

You can only turn down a flexible working request if there's a valid business reason. It’s important to make your decision based on facts and not personal opinion.

By law, a request can only be turned down if:

it will cost your business too much
you cannot reorganise the work among other staff
you cannot recruit more staff
there will be a negative effect on quality
there will be a negative effect on the business' ability to meet customer demand
there will be a negative effect on performance
there's not enough work for your employee to do when they've requested to work
there are planned changes to the business, for example, you intend to reorganise or change the business and think the request will not fit with these plans

Example

Colin works in a small call centre answering calls from customers in the United States. He asks to change his hours, to start at 7am instead of 11am each day so he can finish earlier.

Colin's employer reviews the request and looks at the call patterns. There are only a few calls between 7am and 11am, and making the change would mean there’d be fewer people to cover peak call times later in the day.

Colin's employer cannot agree to the request because there's not enough work for him to do and it would have a negative effect on meeting customer demand.

Consider other options

If your employee's request is not possible, there might be a way to find another option.

Trying to find a compromise can help keep good working relationships and keep staff. For example:

if you cannot make a change permanently, you could look at making the change for 6 months only
if you cannot have someone working part-time every week, you could look into a fortnightly part-time work pattern
if you cannot make a change on all working days, you could look at making the change on some working days only

It's a good idea to talk to your employee and:

explain why you cannot make the changes they initially requested
listen to their reasons for requesting the change
suggest any other possible options
ask if they have any ideas for other options

Example

Angela is an experienced mechanic working at a small garage. She wants to reduce her hours to spend more time with her grandchildren so she makes a flexible working request to her employer.

The other mechanics are junior and Angela's employer is concerned they cannot handle difficult repair jobs yet.

Angela's employer decides to turn down her request because there will be a negative effect on quality and the business’ ability to meet customer demand.

But they agree to look at the request again after the other mechanics have been up-skilled. Angela's employer confirms in writing that she can make another flexible working request in 6 months’ time.

If you're not sure how a change will work in practice, a trial might help make a decision.

Example

Raj is an estate agent working at a small estate agency. He asks to work compressed hours over 4 days. This means he would work 7am to 7pm over 4 days so he can have Thursdays off to study.

Raj’s employer is worried the business will lose sales and get complaints if Raj is not available on Thursdays. For these reasons, Raj’s employer considers refusing his request. However, his employer values Raj and wants to keep him.

Raj and his employer agree to try the compressed hours for 10 weeks, and then make a decision.

During the trial, other staff successfully deal with customer enquiries on Thursdays and Raj's meets his sales targets. Raj's employer also finds some customers like being able to reach Raj outside normal office hours Monday to Wednesday.

As the trial is a success, Raj's employer agrees to continue with the new working hours.

Discrimination and flexible working requests

It's usually against the law to turn down an employee's flexible working request because of their:

age
disability
race
gender reassignment
marriage and civil partnership
pregnancy and maternity
religion or belief
sex
sexual orientation

If you cannot make the change your employee has asked for, you should look at other ways to support them and avoid discrimination.

For example, if your employee makes a flexible working request because of a disability they have, you could treat this as a reasonable adjustment request instead. This means you look at your employee’s request in context of their disability and how you can best support them.

Find out more about discrimination

If you turn down the request

You must let your employee know, and give the reason for turning down their request.

It’s a good idea to do this in writing.

5. If an employee appeals

Important: This advice reflects the current law. We will update this advice in 2024 when new flexible working law comes into force. Read more about the new flexible working law on GOV.UK.

It's a good idea to listen to an appeal if your employee:

has information that was missed or not available when you made the decision
feels you did not follow your workplace's policy or the Acas Code of Practice on flexible working requests

There's no legal right for an employee to appeal a flexible working request. But if you consider their appeal, it can help resolve any issues your employee might have, without them taking it further.

If you have an appeal meeting

If you set up an appeal meeting about a flexible working request, your employee might ask to bring someone with them, for example a co-worker or trade union representative.

There's no legal right for them to bring someone, but it's good practice to allow it.

Allowing the employee to bring someone can:

show your process is open and fair
make the meeting more relaxed
reduce anxiety or stress for your employee
give your employee someone to talk through their options with

Responding to an appeal

If you look at an appeal, it should be dealt with as quickly as possible.

There is a time limit of a maximum of 3 months of receiving a request for you to give a decision, including any appeal. If you need more time, you can only extend the time limit if your employee agrees.

If an agreement cannot be reached

If an agreement cannot be reached through the appeal process your employee might take further action. Depending on the situation they could:

take legal action against you
use arbitration
reach an agreement with you through mediation

If your employee takes legal action

Your employee might be able to make a claim to an employment tribunal if they feel their flexible working request:

was not handled in line with the Acas Code of Practice on flexible working requests
was turned down without a valid business reason as set out in the Acas Code of Practice on flexible working requests
was handled in a way that legally discriminated against them

An employer must not cause an employee 'detriment' because they:

made a flexible working request
intend to make a flexible working request

Detriment means they experience one or both of the following:

being treated worse than before
having their situation made worse

Examples of detriment could be:

their employer reduces their hours
they experience bullying
they experience harassment
their employer turns down their training requests without good reason
they are overlooked for promotions or development opportunities

If they feel they have experienced detriment or have been dismissed because of a flexible working request, they might be able to make a claim to an employment tribunal.

Instead of going to an employment tribunal

If your employee has made a legal claim or has a potential legal claim, it might be possible to use Acas arbitration for some flexible working cases. This is instead of going to an employment tribunal.

Reaching an agreement through mediation

Mediation can be used to try and reach agreement over a flexible working request.

Mediation involves an independent, impartial person helping both sides to find a solution. The mediator can be someone from inside or outside your business. If they're from outside your business, you might need to pay.

Both sides will need to agree to mediation.

Your employee is likely to consider employment tribunal time limits when deciding whether to take part in mediation.

Find out more about mediation