UK Employer Rules · 2026
Can my employer refuse my flexible working request?
Legal basis
Flexible Working Regulations 2014 (as amended by Flexible Working (Amendment) Regulations 2023); Employment Relations (Flexible Working) Act 2023; ACAS Code of Practice on Flexible Working Requests (April 2024).
When they CAN do it
Your employer CAN refuse a flexible working request if it's based on one of 8 specific business reasons: (1) burden of additional costs; (2) detrimental effect on quality; (3) detrimental effect on performance; (4) detrimental effect on ability to meet customer demand; (5) inability to reorganise work among existing staff; (6) inability to recruit additional staff; (7) insufficiency of work during the proposed working times; (8) planned structural changes. They must consult with you first (introduced April 2024).
When they CANNOT do it
Your employer CANNOT: refuse without consulting you; refuse based on a reason outside the 8 statutory grounds; refuse for discriminatory reasons (e.g., disability, pregnancy, age, religion); take longer than 2 months to respond (including any appeal); fail to give written reasons for refusal; refuse a request because they 'just don't want to'.
What you should do
1) Make the request in writing, dated, with proposed start date. State it's a statutory flexible working request. 2) Specify what change you want (hours, days, location). 3) Suggest how concerns can be addressed. 4) Engage in consultation when offered. 5) If refused, ask for written reasons. 6) Appeal internally if a procedure exists. 7) For discrimination angle (disability, family status), an Equality Act claim is often stronger than a flexible working claim. 8) Tribunal claim possible within 3 months of decision; max award is 8 weeks' pay (capped).
Worked example
Mark (parent, 18 months' service) requested 4 days/week (down from 5) to do school pickup. Employer refused citing 'business needs' with no detail. Mark wrote back asking which of the 8 statutory reasons applied. Employer cited 'detrimental effect on customer demand' but had to back down when Mark showed his role was 90% internal. They settled at compressed hours over 4 days — same total hours, no pay impact, school pickup on time.
Red flags — when to escalate
🚨 Vague reasons like 'business needs' without specifying which statutory ground. 🚨 No consultation meeting offered. 🚨 Decision delayed beyond 2 months. 🚨 Pattern of similar requests being granted to others (potential discrimination angle). 🚨 Pregnancy or new parent status in the background.
Recruiter pro tip
Most flexible working refusals fail on procedure, not substance. The 2024 changes added a mandatory consultation step that many employers haven't adapted to. If your employer didn't meet with you to discuss alternatives before refusing, the refusal is likely unlawful. Discrimination angles (especially indirect sex discrimination for childcare requests) often have higher caps than the flexible working claim itself — get specialist advice if your situation involves protected characteristics.
Related questions
Can my employer change my contract without my agreement?
Generally no — your employer cannot unilaterally change a fundamental term of your contract (pay, hours, role,…
Can my employer force me to work extra hours or unpaid overtime?
Generally no. Your contract sets your hours, and your employer cannot force you to work beyond them unless you…
Can my employer cancel my approved annual leave?
Yes, but with proper notice — at least equal to the length of the holiday cancelled (e.g., 1 week's notice to …
Related across UK Rights & Guides