Flexible Working Requests in 2026: What's Changed and How to Make a Strong Case

Every employee in the UK has had a day-one statutory right to request flexible working since 6 April 2024 — no waiting period required. From 6 April 2026, the process got a little faster and more employer-scrutiny is coming in 2027.

What's changed this year

Employers must now respond to a flexible working request within two months, down from three, unless you agree to an extension. You can still make up to two statutory requests in any 12-month period, and employers can only refuse using one of eight specific business reasons set out in law — cost, effect on quality or performance, inability to reorganise work among other staff, and so on.

What's coming in 2027

More significant reform is planned for 2027, following the government's "Make Work Pay: Improving Access to Flexible Working" consultation. A new "reasonableness test" will require employers who reject a request to explain, in writing, why the refusal is reasonable with reference to the specific statutory business reason relied on — not just cite the reason in the abstract. Regulations will also set out mandatory steps employers must follow before refusing, including allowing the employee to be accompanied at any meeting and keeping a written record of the discussion.

Checklist: making a strong flexible working request

• Put it in writing and state clearly that it's a statutory flexible working request under the Employment Rights Act framework.
• Specify exactly what you want — days, hours, location — and your proposed start date.
• Explain the business benefit, not just your personal reason: reduced commute costs for the business, coverage across more hours, or lower likelihood of you leaving.
• Anticipate the eight refusal grounds and address them pre-emptively (e.g. propose how quality or customer service would be maintained).
• Note the date you submitted it — your employer has two months to respond from this point.
• Ask for reasons in writing if refused, and check whether the refusal actually engages one of the eight legal grounds rather than a general preference.
• Know your limit — you can make two statutory requests in any 12-month period, so plan timing if your first attempt doesn't succeed.

International comparison

The UK's day-one, universal right to request is unusually strong internationally. In the US, there is no federal law granting a general right to request flexible work — only two states, Vermont and New Hampshire, have workplace laws of this kind that apply broadly, and San Francisco has a local ordinance covering caregivers at firms with 20+ staff. Federal employees have some flexibility rights under agency policy following the 2010 Telework Enhancement Act, but private-sector US workers largely depend on employer goodwill. The EU has a Work-Life Balance Directive giving parents and carers a right to request flexible working, but — unlike the UK — it isn't universal to all employees regardless of caring responsibilities.

Key Numbers

• 2 months — new response deadline from April 2026, down from three
• 2 requests — maximum statutory requests per 12 months
• 8 reasons — the only legal grounds an employer can use to refuse

Sources

• Flexible working requests: how are legal duties changing in 2026? — People Management
• New employment rights: Guidance for businesses and workers — business.gov.uk
• A Guide to US Flexible Working Laws — Remote Work Advocate

Educational content only — not financial advice.