Flexible working requests: the statutory process
Flexible working requests became a day one right under ERA 2025 — any employee can submit one from their first day. The statutory process for handling requests is specific: the employer must follow it correctly or face an employment tribunal claim. Here is the exact sequence.
Step 1: Receive the request
A flexible working request must be made in writing and must: describe the current working pattern, describe the change being requested, state the date from which the change is requested, and explain what effect the employee thinks the change might have and how it could be dealt with. An email meeting these requirements is a valid request.
Note the date received. The two-month response clock starts here.
Step 2: Acknowledge
Acknowledge receipt in writing promptly. Confirm the date by which you will respond (within two months from receipt) and offer a meeting to discuss.
Step 3: Meeting (mandatory under ERA 2025)
Before deciding, you must consult with the employee. Hold a meeting within a reasonable time. Approach it genuinely — ask how the arrangement could work, explore different options (e.g. different days, adjusted hours, trial period). Document the meeting: who attended, what was discussed, what options were considered.
Step 4: Decide
You have three options:
(a) Accept the request in full: confirm the new working arrangement in writing, including the start date.
(b) Accept with modification: agree a different arrangement from the one requested. The employee can accept or decline — they are not obliged to accept a modified arrangement.
(c) Refuse: you can only refuse on one of the eight statutory grounds. State specifically which ground applies and why. Vague refusals ("operational requirements do not allow it") without specific reasons are inadequate.
The eight grounds: burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during proposed hours; planned structural changes.
Step 5: Communicate the decision
Write to the employee with the decision within two months of the original request. If accepting, include the start date and what was agreed. If refusing, state the specific ground and the specific reasoning for why it applies to this request.
Step 6: Appeal (not required but good practice)
You do not have to offer an appeal, but it is good practice and reduces tribunal risk. If you offer an appeal, set clear timescales and have it heard by a different manager.
A tribunal can award up to eight weeks' pay (capped at the statutory weekly pay cap) for procedural failures — failing to consult, failing to respond in time, or refusing without a valid reason. The award is not large, but a pattern of refusals that disadvantages employees with protected characteristics creates a discrimination risk on top.
See our flexible working as a day one right guide for the broader ERA 2025 context, and ERA 2025 compliance checklist for related process updates.
Mellow tracks flexible working requests through to decision, with built-in templates for acknowledgement, meeting notes, and decision letters. [Start a free trial →](https://mellowhr.com/register)