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Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm and does not give legal advice.
In short
A statutory flexible working request is a written application to change when, where or how you work. Since 6 April 2024 it is a day-one right in England and Wales: no minimum service is needed. You can make two requests in any 12-month period, and your employer must decide (including any appeal) within two months unless you agree to extend, and may only refuse on one of eight business grounds. eLitigant’s Chris drafts this for you — you check, sign and send.
What a statutory flexible working request is
A flexible working request is a formal, written application asking your employer to change the way you work. This can cover when you work (for example different start and finish times, or compressed hours), where you work (such as home or hybrid working) and how you work (for example part-time hours, job sharing, term-time working or flexitime). The right comes from the Employment Rights Act 1996 (Part 8A, sections 80F to 80I), as amended by the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023. Since 6 April 2024 it is a “day-one” right: you no longer need 26 weeks’ continuous service to apply. You must be an employee (agency workers and the genuinely self-employed are treated differently). A “statutory” request triggers a legal process your employer must follow. You can also ask informally, but only a statutory request gives you the protections set out below, including the two-month decision deadline and the limited grounds for refusal.When and why to use one
People use a flexible working request to fit work around caring responsibilities, health needs, study, commuting, a second job, or simply a better work–life balance. You do not have to give a reason connected to any particular circumstance — the right applies to everyone, for any reason. You can make two statutory requests in any 12-month period. It is worth checking whether you have already made one in the last year before submitting, because a second within the same period can be treated as outside the statutory scheme. If your reason for asking relates to a protected characteristic — for example a disability, or childcare that mainly affects women — a refusal handled badly may also raise separate discrimination questions under the Equality Act 2010. A request itself, though, is simply an application; it is not a complaint.What to put in the request
To count as a valid statutory request under section 80F, your written application (a letter or email) should include:- The date of the request.
- A clear statement that it is a statutory request for flexible working.
- The change you are asking for — be specific (for example “reduce from five days to four”, or “work from home on Mondays and Fridays”).
- The date you would like the change to start.
- Whether and when you have made a previous request in the last 12 months.
Common mistakes and pitfalls
- Not labelling it as statutory. A casual chat or vague email may be treated as informal, losing the legal timeframe and protections. State plainly that it is a statutory request.
- Being vague about the change or start date. “Some flexibility” is hard for an employer to accept. Set out exactly what you want and when.
- Forgetting the 12-month limit. If you have already made a statutory request in the past year, a fresh one may fall outside the scheme.
- Treating “no” as the end. If a request is refused, ask for the business reason in writing, use any appeal, and consider raising a grievance. As a last resort you may complain to an employment tribunal if the employer failed to handle the request reasonably, decided on incorrect facts, or refused for a reason outside the eight grounds. Strict time limits apply (generally three months less one day from the relevant act), so do not delay.
- Confusing a request with a tribunal claim. The letter described here simply applies for flexible working. It is information, not legal advice, and does not by itself start a tribunal case.
Frequently asked questions
Do I need a minimum length of service? No. Since 6 April 2024 it is a day-one right — you can apply from your first day of employment. How long does my employer have to respond? Up to two months from the date of the request, including any appeal, unless you both agree a longer period. If they do not respond in time or do not handle it reasonably, you may be able to take the matter to an employment tribunal. Can my employer just say no? Only for one of the eight statutory business reasons, and only after consulting you. They must explain which reason applies. A refusal that ignores these rules, or that relates to a protected characteristic, may be challengeable.eLitigant drafts it; you check, sign & send. Not a law firm; information, not advice.
See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
14 Larkfield Avenue
Leeds LS6 2QF
priya.mehta@example.com Mr Daniel Osei
HR Manager
Brightwater Logistics Ltd
Unit 7, Calder Business Park
Leeds LS11 9RT 19 June 2026 Dear Mr Osei, Statutory request for flexible working I am writing to make a statutory request for flexible working under section 80F of the Employment Rights Act 1996. I am employed by Brightwater Logistics Ltd as a Customer Operations Coordinator. I would like to change my working pattern as follows: to reduce my hours from five days a week (Monday to Friday) to four days a week, working Monday, Tuesday, Thursday and Friday, with Wednesday as a non-working day. I would like this new arrangement to begin on 1 September 2026. To assist, I have set out below how I believe the change could work in practice, although I understand I am not required to do so. My current responsibilities could be managed within four days by handling Wednesday’s customer queries on my return on Thursday, and I would be glad to discuss handover arrangements with the team. I confirm that I have not made any previous statutory request for flexible working in the last 12 months. I understand that you will consider this request and reach a decision, including any appeal, within two months of the date of this letter, unless we agree to extend that period. I would welcome a meeting to discuss the request and am happy to be accompanied by a colleague if that is helpful. Thank you for considering my request. I look forward to your response. Yours sincerely,
Priya Mehta
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