ACAS & ERA 2026Day 1 Statutory Right2-Month Response Deadline
Statutory Flexible Working Request Guide
Understand your Day 1 statutory right to request flexible working (hybrid, remote, part-time, or compressed hours) and employer consultation rules.
Flexible Working Request Checker
Check eligibility and employer statutory response timeline
Statutory cap is 2 requests per 12 months
Statutory Request Status:
Statutory Entitlement
Day 1 Right
No Waiting Period RequiredEmployer Response Deadline
2 Months
Must Consult Before RefusingStatutory Flexible Working Timeline & Rules
Regulated under the Employment Rights (Flexible Working) Act and ACAS Code of Practice.
| Statutory Rule | Current Legal Standard | Previous Standard |
|---|---|---|
| Service Length Requirement | Day 1 Right (From 1st day of job) | 26 weeks of continuous service required |
| Employer Response Window | 2 Months Max (including appeal) | 3 months response window |
| Annual Requests Limit | Up to 2 statutory requests / 12 months | 1 statutory request / 12 months |
| Employer Consultation Duty | Mandatory consultation before rejection | Optional informal discussion |
8 Statutory Grounds for Employer Rejection
Employers can only reject a statutory flexible working request on one or more of these 8 specific business reasons:
1. Burden of additional costs
2. Inability to reorganize work among existing staff
3. Inability to recruit additional staff
4. Detrimental impact on quality of service
5. Detrimental impact on performance
6. Detrimental impact on ability to meet customer demand
7. Insufficiency of work during proposed work periods
8. Planned structural changes in the business
Frequently Asked Questions (FAQs)
Under updated Employment Rights legislation, all UK employees have a statutory Day 1 right to request flexible working from their first day of employment, without needing 26 weeks of continuous service.
Employers must make a decision within 2 months of receiving the statutory request (including any appeal process), and must consult with the employee before rejecting a request.
Employees are legally allowed to submit up to 2 statutory flexible working requests in any rolling 12-month period.
Employers can only reject requests on 8 legal business grounds, including extra costs, inability to reorganize work, negative effect on quality or performance, or insufficient work during proposed hours.
No. Under recent law changes, employees are no longer required to explain or justify the impact of their flexible working request on their employer.