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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 and Hogan Lovells

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 author

Brightmine

With more than 10,000 customers, Brightmine is a leading global provider of people data, analytics and insight – empowering HR leaders to deliver brighter business outcomes.

For more than two decades, Brightmine, formerly XpertHR, has continued to help HR leaders confidently navigate the evolving world of work through our unique combination of critical workforce data, AI-enabled technology, and trusted HR expertise.

Brightmine is a division of LexisNexis Data Services within RELX®, a global provider of information-based analytics and decision tools. RELX serves customers in 180+ countries with 35,000+ employees. Ticker: London: REL; Amsterdam: REN; New York: RELX.

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