HR Advice Hub

How To Manage Flexible Working Requests In 2026

Flexible working is no longer something employers can treat as a rare exception.

For many businesses, it is now a normal part of managing people well.

In 2026, small businesses and managers need to be ready to deal with flexible working requests properly, fairly and consistently. That does not mean saying yes to everything. It does mean understanding the rules, having sensible conversations and making decisions you can explain.

What Counts As Flexible Working?

Flexible working is any agreed change to when, where or how someone works. That could include changes to start and finish times, part-time hours, compressed hours, hybrid working, working from home, job sharing or different working patterns across the week. Acas says some form of flexibility can be built into almost all jobs, regardless of size or sector.

That is important because flexible working is not just about home working. A request might be about childcare, caring responsibilities, wellbeing, a health issue, study, travel time or simply wanting a different pattern that works better for both the employee and the business.

What Are The Rules In 2026?

In 2026, employees have the legal right to make a statutory flexible working request from day one of employment. That day one right came into force on 6 April 2024. Before that, employees usually needed 26 weeks’ service before they could make a statutory request.

A statutory flexible working request simply means a request made under the legal flexible working procedure. In practice, it is a formal request made by an employee under the statutory right to request flexible working. GOV.UK describes this as making a statutory application from the employee’s first day in a job.

Employees can make up to 2 statutory flexible working requests in any 12-month period, and they can only have one live request with the same employer at a time. That is a rolling 12-month period, not just a calendar year.

Employers must handle statutory requests in a reasonable way, consult with the employee before refusing a request unless it is being accepted in full, and make a final decision, including any appeal, within 2 months unless a longer period is agreed. That 2-month decision period also came into force on 6 April 2024. Before that, employers had 3 months to deal with a statutory request.

If a request is refused, the employer must rely on one or more of the eight statutory business reasons. Those reasons are not new. They already apply now.

If an employer goes over the statutory timeframe or does not handle the request reasonably, there can be legal risk. In simple terms, the employee may be able to bring a claim to an employment tribunal on procedural grounds.

What May Change Later?

The Employment Rights Act 2025 does not create the eight statutory refusal reasons. Instead, it is expected to tighten how employers use them.

Government consultation material published in February 2026 says the planned change is that employers will only be able to reject a flexible working request where it is reasonable to do so on one or more of those existing eight business reasons. It also says a more specific consultation process is expected to be set out in secondary legislation.

So the key point is this: the business reasons for refusal already exist now, but the expected future change is around how clearly and reasonably employers must justify a refusal. Some of that detail is still being developed, so employers should keep an eye on updates as the law is implemented.

Why Flexible Working Matters For Employers

Handled well, flexible working can help businesses attract and retain good people, widen recruitment pools and support inclusion. Acas highlights benefits including productivity, recruitment and retention.

Handled badly, it can create employee relations issues very quickly. Inconsistent decisions, poor communication or knee-jerk refusals can damage trust and may increase the risk of grievances, disengagement or discrimination complaints.

This is especially important where a request links to childcare, pregnancy, disability, menopause, religion or another protected characteristic. A flexible working request is not automatically a discrimination issue, but the way it is handled can become one if managers are careless. Some requests may also overlap with health concerns or periods of absence, so it can help to look at them alongside your approach to managing sickness absence.

How To Handle A Flexible Working Request Well

Start by checking exactly what the employee is asking for. A statutory request should be made in writing and should set out the change they want and when they would like it to start. GOV.UK provides a template form for this.

Once you receive it, acknowledge it promptly and arrange a conversation. If you can agree the request in full, that may be straightforward. If not, you should meet with the employee to understand what they need, what options might work and whether there is room for compromise.

That conversation matters. Sometimes the first request is not the only workable option. A different pattern, a small adjustment, a hybrid variation or a trial period may be a better fit for both sides.

Avoid A Knee-Jerk Yes Or No

Some employers panic and think flexible working requests must always be accepted. Others go the other way and treat them as a nuisance. Neither approach is helpful.

The right response is to look at the role, the team, customer needs, workflow, supervision, service levels and any alternatives. Ask yourself what the real operational issue is. Is it genuinely about coverage? Is it about fairness across the team? Or is it simply that the business has always done things a certain way?

A request should be considered on its own facts. Managers should not refuse just because they do not like flexible working in principle.

The Statutory Reasons For Refusing A Request

If an employer decides a statutory flexible working request cannot be agreed, the refusal must be based on one or more of the permitted business reasons. These include extra cost, difficulty reorganising work among existing staff, difficulty recruiting additional staff, a detrimental impact on quality, a detrimental impact on performance, a detrimental effect on ability to meet customer demand, insufficient work during the proposed hours, or planned structural changes.

The important thing is not just naming one of those reasons. Employers should be able to explain how it applies in practice to that specific role, team and proposed arrangement.

Be Consistent, But Do Not Treat Every Request As Identical

Consistency matters, but it does not mean giving everyone the same answer.

Two employees might make similar requests, but the impact could be different depending on their role, hours, team size or operational demands. What matters is that you use a fair process, consider the facts properly and document your reasoning.

This is where a policy really helps. A clear flexible working policy can set out how requests should be made, who considers them, how meetings are handled, how decisions are reached, timescales, appeals and whether trial periods may be used. Acas provides a policy template reflecting the current statutory process.

Consider A Trial Period

Sometimes a trial period is the most sensible option.

If you are unsure whether a requested arrangement will work, a temporary trial can help you test it in a practical way. This can be particularly useful where the role is busy, customer-facing or linked to team cover.

A trial period should be clear from the outset. Confirm how long it will last, what will be reviewed and what success looks like. That gives both sides a fair chance and can stop the discussion becoming overly fixed too early.

Do Not Forget The Appeal

If you refuse a request, the employee should have the chance to appeal. An appeal will not always change the outcome, but it is an important part of showing that your process is fair and reasonable. The statutory two-month period includes any appeal unless a longer period is agreed.

Ideally, the appeal should be heard by someone more senior or by a different manager where possible. In a smaller business that is not always easy, but even then, a fresh review can help.

Train Managers Before Requests Land

One of the biggest problems with flexible working is not usually the request itself. It is the manager’s reaction to it.

Managers need to know what the law says, what your policy says and how to have a constructive conversation. They also need to understand when a request may overlap with disability, family-related rights or discrimination risk.

If managers are left to guess, you are much more likely to end up with inconsistent decisions, frustrated employees and avoidable employee relations problems.

Need HR Support?

Flexible working requests are now a normal part of people management, and in 2026 employers need to be ready to handle them properly. Looking ahead, the Employment Rights Act 2025 points towards a tougher expectation on employers to show that any refusal is reasonable and properly explained, but the detail is still being worked through.

If you need help putting a flexible working policy in place, reviewing how requests are handled or coaching managers through difficult decisions, BloomHR can help. Contact us for more information.