How Far in Advance Can an Employee Submit a Flexible Working Request?

An employee tells you they want to change their working pattern next year and wants to submit a flexible working request now.

Perhaps they are going on maternity leave and already know that when they return they will need different hours because of childcare. They may need to organise nursery places months in advance and understandably want some certainty about what their working arrangements will look like.

So, how far in advance can a flexible working request be made? There is no general legal rule that says a statutory flexible working request can only be made a certain number of weeks or months before the proposed change. However, that does not mean making a formal decision many months in advance will always be sensible.

Employers need to consider what is actually being requested, when the employee wants it to start and whether they have enough information to make a reasonable decision.

Is There a Legal Time Limit on How Far in Advance a Flexible Working Request Can Be Made?

There is no general statutory minimum or maximum period specifying how far in advance an employee can submit a flexible working request. An employee could therefore potentially make a request several months before they want the new arrangement to begin.

However, a statutory flexible working request needs to include the change the employee is requesting and the date they would like that change to take effect. That proposed start date is important.

If an employee says they want different hours when they return from maternity leave next year but cannot yet say when they expect the arrangement to start, the employer may not yet have all the information required for a statutory flexible working request.

That does not prevent the employer and employee having an early conversation about what the employee is considering. But there is a difference between discussing future working arrangements and submitting a formal statutory request that the employer is expected to decide.

Why Might an Employee Make a Flexible Working Request So Far in Advance?

There can be very understandable reasons. Childcare is an obvious example. Nursery places may need to be secured well in advance and an employee might need to know which days they will be working before committing to childcare arrangements.

Employees may also be planning caring arrangements, travel, changes to their home circumstances or other commitments that require advance planning. Employers should listen to those reasons and recognise why the employee wants certainty.

But understanding why someone needs an early answer does not mean the employer has to approve an arrangement that it cannot reasonably assess.

There is a difference between empathising with an employee's circumstances and deciding whether a particular working arrangement works for the business.

What Is the Risk of Agreeing Flexible Working Too Far in Advance?

The difficulty with making a decision many months ahead is that the employer may be assessing a future working arrangement using today's circumstances.

A manager might currently have enough people working on particular days, enough office coverage or a team structure that makes the request appear perfectly workable. Six or nine months later, that could look very different.

Employees may leave. Roles may change. Recruitment may take place. Working patterns within the team may change. Customer demand might be different. The organisation might restructure or change the way the service operates.

If the employer permanently agrees a flexible working request now, it may be agreeing a contractual change based on circumstances that no longer exist by the time the arrangement actually starts. That is why employers should think carefully before giving certainty simply because an employee has asked early.

Do Employers Have to Predict What the Business Will Look Like in the Future?

No employer can know with certainty what its business will look like several months from now. If an employee chooses to pursue a statutory request now, the employer still needs to consider it properly and make its decision based on the information reasonably available at the time.

The employer should not invent hypothetical future problems simply to justify refusing a request. Equally, it should not assume that everything will remain exactly as it is today.

If there are genuine known changes ahead, such as a restructure, recruitment plans, changes to service delivery or other working pattern requests, those may be relevant to the employer's consideration.

The decision needs to be grounded in what the employer reasonably knows when it considers the request, rather than promises about what might or might not be possible many months later.

Can You Ask an Employee to Submit Their Request Nearer the Time?

It may be worth discussing this with them. If the proposed arrangement is a long way off, the employer can explain why making a decision now may be difficult and ask whether the employee would be willing to submit their formal request nearer the proposed start date.

This can allow both sides to have an early conversation without forcing a formal decision before the relevant circumstances are clearer.

The employee may still want to proceed with a statutory request, particularly if they need certainty for childcare or other arrangements. If they do, the employer should not simply ignore the request because it considers it too early. But an open conversation may lead to an agreement that it makes more sense to revisit the request at a particular point.

Can You Pause a Flexible Working Request?

Employers need to be careful about simply putting a statutory request on hold. Once a statutory request has been made, there is a statutory timeframe for dealing with it. The employer cannot unilaterally decide that it will leave the request sitting there for six months and deal with it when the employee is closer to returning.

However, the employer and employee can agree to extend the decision period. That can sometimes provide a sensible option where both sides recognise that the request has been made very early and agree that it would be better to consider it when there is more information available.

Any agreed extension should be clearly recorded in writing so both sides understand when the request will be considered and what has been agreed.

Another option may be for the employee to withdraw the request and make a new request nearer the time if they are comfortable doing so.

What If the Employee Cannot Give a Start Date?

This is particularly important. A statutory flexible working request should state when the employee wants the requested change to come into effect.

Saying, "I want to work three days a week when I return next year, but I don't yet know when I will return" leaves an important part of the request unresolved. The employer can ask the employee to clarify the proposed start date before treating the request as complete.

That does not mean shutting down the conversation. The employee may be able to give an approximate return date or may simply be exploring what could be possible before finalising their plans. In that situation, an informal discussion may be much more useful than trying to force an incomplete proposal through a formal flexible working process.

Can an Employee Make a Flexible Working Request Before Maternity Leave?

Yes. An employee can raise a flexible working request before they go on maternity leave, and employees often start thinking about their return to work early because they may need to make childcare arrangements well in advance. There is nothing wrong with raising the conversation early.

In fact, an early discussion can be useful for both sides because it gives the employer some idea of what the employee may want when they return and gives the employee an opportunity to understand what might be workable. But pregnancy or maternity leave does not mean a particular flexible working request must automatically be approved. The request still needs to be considered properly on its own merits.

Employers should also be careful not to disadvantage an employee because they are pregnant, on maternity leave or have childcare responsibilities. At the same time, managers should not approve a working arrangement purely because they feel uncomfortable saying no to someone who is about to have a baby. The question remains whether the requested arrangement can reasonably work.

What About Childcare Responsibilities?

Childcare is often the reason an employee needs flexible working, and employers should approach these requests carefully. There can be discrimination risks around working arrangements and childcare, particularly where decisions disadvantage women because of the continuing unequal impact of childcare responsibilities.

That means employers need to make fair, evidence-based decisions and should avoid assumptions about parents, mothers or who should provide childcare. It does not mean that having childcare responsibilities creates an automatic right to the working pattern requested.

An employee may have a very genuine need to secure nursery days months in advance. The employer can acknowledge that and still conclude that it cannot responsibly promise a particular permanent working arrangement so far ahead, or that the arrangement requested cannot be accommodated for genuine business reasons. Empathy and good business decision-making can exist together.

What If the Employee Cannot Do Their Job Without the Training?

If the training is genuinely necessary for the employee to carry out particular duties safely, legally or competently, the employer may not be able to simply allow them to continue doing those duties without completing it. For example, the employee may need training before using particular equipment, following a new procedure or carrying out work where specific knowledge is required.

The employer should consider what work the employee can safely and appropriately undertake while the issue is being resolved.

If the employee continues to refuse training that is genuinely necessary for their role, the employer will eventually need to address the consequences of that refusal rather than leaving the situation unresolved.

What If the Employee Wants a Decision Now?

If the employee has made a valid statutory request and wants it dealt with now, the employer should follow the flexible working process rather than leaving it unanswered. The request should be considered using the information available at that point.

If the employer cannot agree the request in full, it should consult with the employee before reaching its decision. That conversation can explore the employee's needs, the practical impact on the business and whether there are alternatives that could work.

The employer should not refuse a request merely because the future is uncertain. There needs to be a genuine business reason for refusing it. But neither should a manager approve something simply because they hope it will probably still work next year. A decision made now needs to be one the employer can reasonably stand behind based on what it knows now.

Could You Agree a Trial Period Instead?

Sometimes a trial period can be useful, particularly where the employer is unsure how a proposed working pattern will operate in practice. But timing matters.

If the employee is not going to start the proposed arrangement for another eight months, agreeing a trial now does not solve the immediate problem because there is nothing to test yet. A trial period may be more useful when the employee actually returns or when the proposed arrangement is due to start.

Employers should also be clear about whether an arrangement is temporary, a trial or a permanent contractual change. Leaving that unclear can create problems later.

Should Managers Agree a Request Because They Feel Sorry for the Employee?

No flexible working decision should be made purely because a manager feels bad about the employee's circumstances. Managers can be understanding. They can recognise that organising childcare is difficult, that nursery places may need to be booked early and that uncertainty about returning to work can be stressful. But they are still making a business decision.

Approving an arrangement that does not work for the organisation will not necessarily help either party in the long term. It can create staffing problems, resentment within teams and difficulties if the employer later discovers that the arrangement is unsustainable. A supportive conversation does not require an automatic yes.

What Should Employers Do With Very Early Flexible Working Requests?

Start by establishing exactly what the employee wants and when they want it to begin. If the proposed change is many months away, discuss why they are raising it so early and whether they genuinely need a formal decision now.

It may be sensible to discuss the proposal informally and invite the employee to submit their statutory request nearer the time. Alternatively, the employee might withdraw an early request and resubmit later, or both sides might agree to extend the statutory decision period where appropriate.

If the employee wants their valid statutory request decided now, then deal with the request properly. Consider the business circumstances and information available now, consult with the employee if the request cannot be agreed in full and reach a decision that can genuinely be justified.

Do not approve something simply because the employee has an understandable personal reason for wanting certainty. Equally, do not reject it simply because it has been made early.

The aim is to make a fair decision at a point when both the employee and the employer have enough information to understand what they are actually agreeing to.

Need HR Support?

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