A Flexible Working Request is a formal statutory application by which an employee in England and Wales exercises their right under Sections 80F to 80I of the Employment Rights Act 1996 to request a permanent change to their working hours, working times, or place of work. The right to make such a request was originally introduced by the Employment Act 2002 and has been significantly expanded over the years, most recently by the Employment Relations (Flexible Working) Act 2023, which came into force in April 2024.

The most significant change introduced by the Employment Relations (Flexible Working) Act 2023 is the removal of the minimum service requirement. Prior to April 2024, only employees with at least 26 weeks of continuous employment could make a statutory flexible working request. From 6 April 2024, the right applies from day one of employment, making it available to all employees regardless of how long they have worked for the employer. Additionally, employees can now make up to two statutory flexible working requests in any twelve-month period, increased from the previous limit of one.

The types of flexible working that can be requested are broad and include: a reduction in contracted hours (part-time working); a change to working days or times (flexitime); remote or home working; hybrid working; a compressed working week; job sharing; term-time working; and annualised hours. The statutory request must be for a permanent change to the employee's terms and conditions of employment, although the parties may agree a trial period in practice.

An employer who receives a statutory flexible working request must deal with it in a reasonable manner and within two months of receipt. Since the Employment Relations (Flexible Working) Act 2023, the employer must consult with the employee before refusing a request — a requirement that did not exist under the previous regime. Refusal is only permissible on one or more of eight specific statutory grounds set out in Section 80G(1)(b) of the Employment Rights Act 1996.

A formal Flexible Working Request letter creates a clear contemporaneous record of the request, ensures all statutory requirements are met, and protects the employee's right to bring a complaint to an Employment Tribunal if the employer fails to deal with the request properly.

A formal Flexible Working Request is needed whenever an employee in England and Wales wishes to make a statutory application to change their working hours, times, or location on a permanent basis. Since April 2024, any employee — regardless of their length of service — can submit such a request from their first day of employment.

Common situations in which an employee submits a flexible working request include: a parent or primary carer seeking to reduce their contracted hours or change their working pattern to accommodate childcare or eldercare responsibilities; an employee who has developed a health condition or disability that makes their current working pattern difficult or impossible to maintain; an employee who wishes to pursue further education, training, or a second job and requires a change to their working hours; an employee who has recently returned from maternity, paternity, or shared parental leave and wishes to work on a part-time or hybrid basis going forward; and an employee who simply prefers a different working pattern and wishes to formalise an arrangement with their employer.

Even where the employer has already agreed informally to a flexible working arrangement — for example, allowing an employee to work from home two days per week — it is advisable to submit a formal statutory request to ensure the arrangement is properly documented and has legal force as a permanent change to the employee's terms and conditions. An informal arrangement can be withdrawn by the employer at any time without following any particular procedure, whereas a statutory change to terms and conditions requires a formal process to undo.

Employees should also be aware that refusing or withdrawing a request for flexible working may give rise to legal claims under the Equality Act 2010, particularly where the refusal indirectly discriminates against employees on grounds of sex, disability, religion, or belief. A formal request creates a clear paper trail that can be used as evidence in any subsequent legal proceedings.

A statutory flexible working request for use in England and Wales must contain certain prescribed information to be valid under the Employment Rights Act 1996. Failure to include all required elements may result in the employer treating the request as informal rather than statutory, which would deprive the employee of the full range of statutory protections.

First, the request must state that it is a statutory application under Section 80F of the Employment Rights Act 1996. This puts the employer on clear notice that it is subject to statutory obligations to deal with the request reasonably and within the prescribed two-month period.

Second, the request must describe the change to working conditions being requested. This should be as specific as possible: vague requests for 'more flexibility' are less effective than precise requests specifying the new contracted hours, proposed working days, proposed start and finish times, and proposed location. The more specific the request, the easier it is for the employer to assess its operational feasibility.

Third, the request must state when the employee would like the proposed change to take effect. A specific proposed start date helps the employer plan ahead and assess any operational impact of the change.

Fourth, the request must explain what effect, if any, the employee thinks the proposed change will have on the employer, and how that effect can be dealt with. This is a statutory requirement under Section 80F(2)(e) of the Employment Rights Act 1996. Employees who address this requirement thoughtfully — acknowledging potential impacts and proposing solutions — are more likely to persuade an employer to agree to the request. Failing to address this requirement may give the employer grounds to argue that the request did not meet the statutory requirements.

Fifth, the letter should note whether the employee has made a previous statutory flexible working request in the past twelve months, given that employees are limited to two requests per twelve-month period since April 2024. Finally, the letter should be signed and dated, creating a clear record of when the request was submitted, from which the two-month consideration period runs.