UK Family Right · 2026
How do I request flexible working after maternity leave?
Statutory rights
Flexible Working Regulations 2014 (as amended 2023); Employment Relations (Flexible Working) Act 2023; Maternity and Parental Leave Regulations 1999 (no detrimental treatment for taking leave); Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.18 (pregnancy/maternity) + indirect sex discrimination under s.19 (hours arrangements with disproportionate impact on women).
How to exercise this right
1) Plan request 4-6 weeks BEFORE return date — strongest leverage. 2) Be specific: pattern, days, hours, location. 3) Frame as outcomes ('I'll deliver X with this pattern'). 4) Address concerns proactively: meeting attendance, response times, customer cover. 5) Ask for it in contract, not staff handbook. 6) Submit formally as Flexible Working request under Flexible Working Regulations 2014. 7) Employer must respond within 2 months (including consultation). 8) If refused: indirect sex discrimination claim under EqA s.19 is often available because childcare-related flexible requests have disparate impact on women.
Employer obligations
Consider request seriously; consult with you before refusing; respond within 2 months; provide written reasons for refusal grounded in 1 of 8 statutory reasons; consider alternatives during consultation; not discriminate against returners requesting flexibility (high indirect sex discrimination risk).
If your employer refuses
Two parallel claims often available: (1) Flexible Working Act claim — limited award (max 8 weeks' pay) but procedural; (2) Indirect Sex Discrimination under EqA s.19 — uncapped damages, particularly strong for women whose childcare-related requests have a disproportionate impact. The EqA claim is far more valuable; consider both. ACAS conciliation within 3 months.
Worked example
Sarah requested 4 days/week (Mon-Thu) before returning from maternity leave. Employer refused citing 'team coverage'. Sarah filed both a flexible working appeal AND indicated she'd file an indirect sex discrimination claim under EqA s.19 if refused, as she could show: (1) childcare arrangements primarily fall on women, (2) the 5-day pattern disproportionately disadvantages women returning, (3) the employer's reasoning wasn't proportionate. Employer reversed and granted the 4-day pattern with a 6-month review. The indirect discrimination angle was the leverage.
Recruiter pro tip
Indirect sex discrimination under EqA s.19 is the secret weapon for flexible working refusals after maternity leave. The legal logic: women bear disproportionate childcare responsibility (statistical fact); inflexible patterns disadvantage them; the employer must show their refusal is a 'proportionate means of achieving a legitimate aim'. Few employer refusals can survive this test. Reference s.19 EqA in your appeal — it dramatically strengthens your position.
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