Can I request flexible working from my first day?
Yes — since 6 April 2024 requesting flexible working is a day-one right, with no qualifying service needed. The basis is the Employment Rights Act 1996 as amended by the Flexible Working Act 2023. You can make two statutory requests in any 12-month period (one live at a time), and the employer must decide within 2 months (down from 3) unless you agree an extension, and must consult you before rejecting. A request can only be refused on one of eight statutory business grounds — such as cost, the burden of extra recruitment, an inability to reorganise work, or a detrimental effect on quality or customer demand. You no longer have to explain the effect on the business in your request. This is a right to request, not to obtain. In short: yes, from your first day.
📋 The rules
- Day-one right since 6 April 2024 — no service needed
- Two requests per 12 months (one live at a time)
- Employer must decide within 2 months
- Employer must consult before rejecting
- Refusal only on one of eight statutory grounds
🔓 Exceptions
- Employees only — workers, contractors and the self-employed are excluded
- A right to request, not to obtain — lawful refusal on a statutory ground
- Agency workers generally can't use the statutory scheme
⚠️ Penalties & fines
There's no general fine, but if the employer breaches the procedure (e.g. fails to consult, decides too late, or relies on a non-statutory ground), the tribunal can award up to 8 weeks' pay, with a week's pay capped at £751 (2026/27) — a maximum of about £6,008. You must claim within 3 months less one day. A refusal that's also discriminatory (for example penalising a request linked to childcare or disability) can trigger separate, uncapped claims. Beware a myth: "you must work somewhere 6 months before asking to work flexibly" is false since 6 April 2024 — it's now a day-one right. To make a request: put it in writing, propose the working pattern you want, and the employer must consider it reasonably and respond within two months.
📎 Official sources
- ACAS — Code of Practice on flexible working requests →
- GOV.UK — flexible working →
- ACAS — considering a flexible working request →
❓ Frequently asked
Can I ask for flexible working from day one?
Yes. Since 6 April 2024, the right to request flexible working is a day-one right, so you no longer need any minimum length of service before asking. It applies to employees and covers changes such as working from home, different hours, part-time work or compressed hours. It's a right to request, not an automatic right to get it.
How many requests can I make?
You can make up to two statutory flexible working requests in any 12-month period, although only one can be live at a time. This is an increase from the previous single request a year. The employer must deal with each request reasonably and within the statutory timescale before you can make another.
How long does my employer have to decide?
Your employer must decide on your request within two months of receiving it, including any appeal, unless you both agree to extend that period. This was reduced from three months. They must also consult you before turning a request down, rather than simply rejecting it without discussion.
Can my employer refuse?
Yes, but only on one of eight specific business grounds, such as the burden of additional costs, an inability to reorganise work among existing staff or to recruit more, a detrimental impact on quality, performance or customer demand, or insufficient work during the proposed periods. They must consult you first and explain which ground applies.
What if my employer handles it wrongly?
If your employer breaches the procedure — for example by failing to consult, deciding too late, or relying on a ground outside the eight statutory reasons — you can complain to an employment tribunal, which can award up to eight weeks' pay. A refusal that also amounts to discrimination can lead to a separate, uncapped claim.
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