The day-one right

Under s.80F of the Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023), every employee can make a statutory request for flexible working from day one of their employment. The previous 26-week qualifying period was removed on 6 April 2024.

You can request changes to your:

  • Hours (e.g. part-time, compressed hours, term-time only)
  • Times (e.g. start/finish, shift pattern)
  • Location (e.g. home or hybrid working)

You can now make two requests in any 12-month period (up from one).

How the process works

  1. Make the request in writing. State that it is a statutory request under s.80F ERA 1996.
  2. The employer must consult with you before deciding.
  3. The employer must respond within 2 months (was 3 months until April 2024) — including any appeal.
  4. They can only refuse on one of eight prescribed business reasons (s.80G ERA 1996), e.g. burden of additional costs, detrimental effect on quality, inability to reorganise work.
  5. If accepted, the change is a permanent variation to your contract (unless you agree otherwise).

If your request is refused

You can:

  • Appeal internally.
  • Make a tribunal claim within 3 months less one day if the employer breached the procedure or relied on incorrect facts. Compensation is capped at 8 weeks' pay.
  • Make a separate discrimination claim under the Equality Act 2010 if the refusal indirectly discriminates (e.g. refusing a part-time request from a woman with childcare responsibilities).

Practical tips

  • Frame the request commercially — explain how the change can work for the employer too.
  • Suggest a trial period.
  • Keep notes of meetings and get decisions in writing.
  • If you suspect discrimination is the real reason, raise it explicitly in the appeal.