The short answer
An employer can reject a statutory flexible-working request only for one or more permitted business reasons. The employer should consult before refusing, consider alternatives and complete the process—including any appeal—within two months unless an extension is agreed. Equality and reasonable-adjustment duties must be considered separately.
What employers need to know
- Flexible working is a day-one statutory right to request, not an automatic right to the requested arrangement.
- Employees can make up to two statutory requests in 12 months.
- Consult before rejecting and test whether a modification or trial could work.
- Explain the permitted business reason and how it applies to the evidence.
- A disability-related request may also be a reasonable-adjustment request.
A practical process
Clarify the request
Confirm the proposed hours, pattern, location and requested start date.
Consult and explore
Discuss operational concerns, alternatives and a possible trial period.
Assess evidence
Apply the statutory business reasons to the actual role and team, not assumptions.
Confirm and allow appeal
Write to the employee promptly with the decision, reasons and appeal route.
Example
If full homeworking would create a genuine service gap, the employer should still consider hybrid working, different office days or a time-limited trial.
When to take advice
Do not treat the statutory flexible-working process as replacing Equality Act duties.
Frequently asked questions
How long does an employer have to decide?
The complete process should normally finish within two months unless the employer and employee agree an extension.
Must an employer offer an appeal?
An appeal is not a separate statutory requirement in every case, but the ACAS Code says allowing one is good practice and forms part of a reasonable process.
Official and primary sources
General information for employers in Great Britain, not legal advice. Check current official guidance and obtain advice for your circumstances.
