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Right to request flexible working

Explains the statutory right to request flexible working, including eligibility, how requests should be made, how employers must respond, and the legal risks of non‑compliance.

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By Jo Broadbent
Brightmine editor: Laura Merrylees

This guide explains the statutory right to request flexible working and the procedure that employers must follow when an employee makes a flexible working request.

In this guide, learn about:

  • Right to apply for flexible working
  • Meaning of flexible working
  • Eligibility to make flexible working request
  • Application for flexible working
  • Employer’s response to flexible working request
    • Complying with Acas code of practice on requests for flexible working
  • Rejection of flexible working application
  • Withdrawal of flexible working application
  • Detrimental treatment related to flexible working request
  • Dismissal related to flexible working request
  • Remedies and penalties
    • Discrimination
    • Breach of statutory flexible working request procedure
    • Referral to Acas Arbitration Scheme
  • Future developments
    • Reforms to flexible working

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Latest updates

Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.

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About the authors

Jo Broadbent

Counsel Knowledge Lawyer, Hogan Lovells

Jo Broadbent is a counsel knowledge lawyer in the employment team at law firm Hogan Lovells. In addition to keeping clients and the team up to date with legal developments, she has extensive experience of developing and presenting internal and external client training courses and workshops.

Jo is a former chair of the Employment Lawyers Association training committee. She is a co-author of the book “Informing and consulting employees: the new law” and frequently writes articles for the HR and legal press. She has a particular interest in shared parental leave and other family-friendly rights.


Laura Merrylees, Senior Legal Editor at Brightmine

Laura Merrylees
Senior Legal Editor, Brightmine

Having qualified as a solicitor in private practice, Senior Legal Editor Laura Merrylees spent fourteen years working in-house for a large telecommunications organisation, specialising in employment law. Laura advised on a broad range of employment law matters, both contentious and advisory. During her time in practice, Laura worked closely with HR professionals and senior management and delivered training to HR teams.

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