UKI want to request flexible working. Am I entitled to do so?
Yes, most employees in the UK with at least 26 weeks’ continuous service have a legal right to request flexible working under the Employment Rights Act 1996.
What the Law Says
The right to request flexible working is set out in the Employment Rights Act 1996. Since 6 April 2024, this right applies to all employees from day one of employment — but employers may still require 26 weeks’ service before considering a request.
Under section 80F of the Employment Rights Act 1996, an employee has the statutory right to make a formal request to work flexibly — for example, by changing hours, start/end times, or working remotely.
To be eligible, you must be an employee (not a worker or self-employed contractor) and have worked continuously for your employer for at least 26 weeks at the date you make the request.
Your employer must consider your request 'in a reasonable manner' and respond in writing within three months. They can only refuse it on one or more of five specific statutory business grounds.
Statutory TextAn employee who has been continuously employed for a period of at least 26 weeks has the right to make a request to his employer to work flexibly.
— Employment Rights Act 1996, s. 80F — Right to make a request to work flexibly
What to Do
Check you meet the 26-week continuous service requirement (unless your employer accepts earlier requests).
Make your request in writing, stating it’s made under section 80F, including details of the change and its proposed effect.
Your employer must hold a meeting (if requested), notify you of their decision in writing within 3 months, and state reasons if refusing.
If refused, ask for written reasons and check whether the refusal was based on one of the five permitted business grounds.
You may appeal internally or, in limited cases (e.g., procedural failure or discrimination), make a claim to an employment tribunal within 3 months less one day.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.