Flexible working request letter

Since April 2024 you can make a statutory flexible working request from day one of a job, twice in any 12 months — and your employer must decide (including any appeal) within 2 months. The letter below contains everything the law requires a statutory request to state.

The statutory request

2026/27

Day-one right · 2 per year · 2-month decision

An employer can refuse only on one or more of the 8 business grounds in the Employment Rights Act — and must consult you before rejecting.

The letter

Dear [manager's name],

I am making a statutory flexible working request under section 80F of
the Employment Rights Act 1996.

This is [my first request in the last 12 months / my second request;
my previous request was dated [date]].

Current pattern: [days/hours/location].
Requested pattern: [days/hours/location].
I would like the change to start from [date].

I believe this change can work well for the team: [one or two
sentences — e.g. cover arrangements, core-hours overlap, measurable
output, a trial period you're offering].

I look forward to discussing it with you.

Yours sincerely,
[Name] · [Date]

The law requires: that it's in writing and dated, states it's a statutory request, describes the change and start date, and declares any previous request. You no longer have to explain the impact on the business — but a sentence pre-empting the likely objection dramatically improves outcomes.

The 8 grounds an employer can rely on — pre-empt yours

Statutory refusal grounds (ERA 1996 s.80G) and the counter to build in
GroundPre-empt with…
Burden of additional costsCost-neutral proposals: same hours, different shape
Can't reorganise work among staffA named cover plan or handover pattern
Can't recruit additional staffShow no extra headcount is needed
Detrimental effect on qualityOffer a 3-month trial with review criteria
Detrimental effect on meeting customer demandCore-hours overlap; response-time commitments
Detrimental impact on performancePoint to output during any past flexible period
Not enough work in the proposed periodsMap your tasks to the proposed hours
Planned structural changesAsk how your proposal could fit the plan

Common questions

Can my employer just ignore the request?
No — failing to decide within 2 months (including appeal) breaches the statutory scheme and supports a tribunal claim worth up to 8 weeks' pay, plus an order to reconsider.
Is an accepted request permanent?
Yes — it's a contractual variation, not a favour. If you want the option to revert, propose a fixed-term arrangement or trial explicitly.
What if I need the change because of childcare or disability?
Then the statutory request is only one route: indirect sex discrimination (childcare) and the duty to make reasonable adjustments (disability) are stronger claims that don't depend on the 8 grounds. Mention the context in your letter; take advice if refused.
Should I use my employer's own form instead?
If one exists, yes — it will capture the statutory requirements. The letter here is for employers without a form, and the tactics apply either way.

Sources for the figures on this page

Last checked 3 July 2026

How we keep these current: methodology & update policy.