Employees in the UK are legally allowed to make a flexible working application to their employer. To help you understand how you should respond to your employees’ request to work flexibly, we’ve created this guide and template, which covers a range of different outcomes.
Flexible working is any working arrangement that is different from the standard hours, times or location set out in an employee's contract. Instead of their current working pattern, employees might want to switch to part-time hours, compressed hours, flextime, job sharing, or remote working to give them more control over when, where, or how much they work.
A flexible working request is a formal, written application from an employee that describes how they’d like to change their working hours, times, or location. This request is a statutory right, meaning you’re legally required to consider it properly and respond within a fixed timeline. If an employee makes a flexible working request verbally, ask them to put it in writing so you can treat it as a formal request.
The law around flexible working has changed under the Employment Relations (Flexible Working) Act 2023, which came into effect in April 2024. The new law provides strict guidelines and timeframes for each part of the flexible work application process.
Day one: Employees can request flexible working arrangements from their very first day in the job. Previously, employees must have worked continuously for 26 weeks before applying to work flexibly.
Two requests per year: Employees can make up to two statutory flexible working requests in any 12-month period (previously just one).
Two-month decision window: You must make and communicate your decision within two months of receiving the request.
Consult before deciding: You must now consult with the employee before making a decision (unless you’re approving in full).
Refusals need a valid reason: You can only refuse a request on specific business grounds set out in the legislation.
This template gives you three ready-to-use letter options, one for each possible outcome of a flexible working request:
You can choose the option that matches your situation and delete the other two sections. Remember to remove and replace the text coloured in blue with the correct information.
[Today's date]
Dear [Employee's name],
Re: Your flexible working request dated [date of request]
Thank you for your flexible working request. We've considered it carefully and are happy to let you know that we can approve it [in full/based on the trial details below, if applicable.]
Your new working arrangement
Your new working pattern will be as follows:
This change will take effect from [start date].
As this is a permanent contract change, we'll send you a written confirmation of the updated terms within one month of you starting the new arrangement. Please sign and return a copy to confirm your agreement.
Trial period (optional – delete if not applicable)
We'd like to start with a trial period of [X weeks/months] to make sure the arrangement works well for you and the team. We'll review it together before confirming it permanently.
If you have any questions, please don't hesitate to get in touch.
Best wishes,
[Your name]
[Job title]
[Organisation name]
[Contact details]
Signed (employee): ___________________________ Date: ____________
[Today's date]
Dear [Employee's name],
Re: Your flexible working request dated [date of request]
Thank you for your flexible working request. We've considered it carefully, including our conversation on [date of consultation meeting], and I want to share our decision.
While we can’t approve your request in full, we'd like to propose an alternative arrangement that we hope works for you.
The arrangement we're proposing
Based on our discussions, we'd like to offer the following:
If you're happy to proceed, this would take effect from [start date].
Why we can’t approve the original request
We weren't able to approve your original request because of the following business reason(s). [Please mark the applicable reason(s) with an “X”.]
| 1. The cost of the change would be too high for the business | |
| 2. The change would make it harder to meet customer needs | |
| 3. There's no practical way to redistribute the work among the rest of the team | |
| 4. The role can't be covered by bringing in additional staff | |
| 5. The change would have a negative impact on the quality of work | |
| 6. The change would have a negative impact on individual or team performance | |
| 7. There won't be enough work available during the hours the employee has proposed | |
| 8. The business is going through structural changes that make the arrangement unworkable right now |
Your right to appeal
If you'd like to appeal this decision, please let us know in writing within [X days/weeks]. We'll follow a similar process to our initial consultation and consider your appeal fairly.
We're committed to supporting flexible working wherever we can and we genuinely appreciate you raising this with us. Please do get in touch if you'd like to talk things through.
Best wishes,
[Your name]
[Job title]
[Organisation name]
[Contact details]
Signed (employee): ___________________________ Date: ____________
[Today's date]
Dear [Employee's name],
Re: Your flexible working request dated [date of request]
Thank you for your flexible working request. We've considered it carefully, including our conversation on [date of consultation meeting], but unfortunately, we're not able to approve this request at the moment. I know that's not the news you were hoping for, and I want to make sure you understand the reasons behind our decision.
Why we're unable to approve this request
After careful consideration, we've made this decision for the following business reason(s). [Please mark the applicable reason(s) with an “X”.]
| 1. The cost of the change would be too high for the business | |
| 2. The change would make it harder to meet customer needs | |
| 3. There's no practical way to redistribute the work among the rest of the team | |
| 4. The role can't be covered by bringing in additional staff | |
| 5. The change would have a negative impact on the quality of work | |
| 6. The change would have a negative impact on individual or team performance | |
| 7. There won't be enough work available during the hours the employee has proposed | |
| 8. The business is going through structural changes that make the arrangement unworkable right now |
To explain our decision further:
[Optional: steps taken to explore whether the request could be accommodated]
[Optional: any practical aspects of the role that prevented approval]
[Optional: alternatives considered before reaching this decision]
Your right to appeal
If you'd like to appeal this decision, please let us know in writing within [X days/weeks]. We'll follow a similar process to our initial consultation to make sure your appeal gets a fair hearing.
We're sorry we couldn't say yes on this occasion. We'd encourage you to stay in touch about any future requests; circumstances can change and we'll always look at requests on their own merits.
Best wishes,
[Your name]
[Job title]
[Organisation name]
[Contact details]
Guidance note: This template is provided for guidance purposes only and does not constitute legal advice. Flexible working law can be complex, particularly where disability, caring responsibilities or discrimination law is involved. If you're unsure about any aspect of handling a flexible working request, we always recommend seeking advice from a qualified HR professional or employment solicitor.
* Learn more about the eight valid reasons to refuse flexible working in this government guide.
Handling flexible working requests fairly and confidently as a line manager is one of those things that gets much easier once you know the process. If you'd like to build on what you've learned here, you'll find more free employment law resources and practical tools for line managers on the Breathe Growth Academy.
Having the right systems in place to manage flexible working also makes a real difference. Breathe's HR software includes a dedicated flexible working request feature, so you can track, respond to and store requests in one place. It helps you keep everything organised and provides a clear audit trail if you ever need it.
Who is eligible to make a flexible working request?
All employees are eligible to make a flexible working request from the first day of their employment. Since the law changed in April 2024, any employee can make a statutory flexible working request regardless of how long they've been with you, up to a maximum of two requests in any 12-month period.
Can an employer take away flexible working?
No, once a flexible working request is approved, it becomes a permanent change to the employee's contract. Reversing it requires the employee's agreement, so you can't withdraw it without their consent. This is one reason why trialling an arrangement before making it permanent is often a good idea.
Do I have to approve every flexible working request?
No, you don’t have to approve every flexible working request. But you can only refuse them based on one of eight specific business grounds set out in law, which are:
The cost of the change would be too high for the business
The change would make it harder to meet customer needs
There's no practical way to redistribute the work among the rest of the team
The role can't be covered by bringing in additional staff
The change would have a negative impact on the quality of work
The change would have a negative impact on individual or team performance
There won't be enough work available during the hours the employee has proposed
The business is going through structural changes that make the arrangement unworkable right now
You can't refuse simply because it's inconvenient. If you don’t know whether your reason qualifies, take HR or legal advice before responding.
What if the request is linked to a disability or childcare?
If the flexible work request overlaps with a disability or childcare need, tread carefully, as these requests carry additional legal risk. A disability-related request may trigger your duty to make reasonable adjustments under the Equality Act 2010, and refusing a request linked to childcare can amount to indirect sex discrimination. Always seek HR or legal advice in these situations.
Can I offer a trial period instead of a permanent decision?
Yes, starting with a flexible work trial is often a sensible approach. A trial lets both sides assess the arrangement before committing to a permanent contract change. If you choose this route, confirm the length of the trial in writing and agree how and when you'll review it.
Does an employee have to explain why they're requesting flexible working?
No, employees aren't required to explain why they wish to work flexibly. But understanding the context can help you find a solution that works for your employee and the business. It's fine to ask during your consultation meeting, as long as you're exploring options rather than using the reason to judge the request.
What if two employees request the same arrangement and I can only approve one?
When considering flexible work requests, be consistent and keep clear documents of your reasoning. Each of your decisions should be based on what the law says, not your personal preferences. If you treat two similar requests differently, you risk an employee making a discrimination claim against you, unless you can prove there were clear differences in circumstance.
What records should I keep of a flexible working request?
Keeping a paper trail for every request protects you if an employee ever challenges your decisions. Your records should include the original written request, your acknowledgement, consultation meeting notes, any investigation evidence, the outcome letter, and any appeal correspondence.