Hybrid Working in the UK: What Employees Are Actually Entitled To

The Employment Relations (Flexible Working) Act 2023 came into force in April 2024, introducing the most significant changes to UK flexible working rights in over a decade. Understanding what changed, and what the limits of these rights are, is useful for any employed person navigating conversations about remote or hybrid working.

What Changed in April 2024

Day one right: Employees can now make a statutory flexible working request from their first day of employment. Previously, 26 weeks of service were required.

Two requests per year: Employees can now make two statutory requests in any 12-month period. Previously the limit was one.

Shorter response time: Employers must respond to flexible working requests within two months. Previously they had three months.

No business case required: Employees no longer need to explain the effect of their proposed change on the business and suggest how any effects might be managed. This requirement was removed.

What Has Not Changed

The key limitation of the statutory flexible working regime remains: an employer can still refuse a request on any of eight specified grounds. These include the burden of additional costs, detrimental impact on quality or performance, inability to reorganise work among existing staff, inability to recruit additional staff, detrimental impact on meeting customer demand, insufficient work during proposed hours, and planned structural changes to the business.

In practice, an employer who wants to refuse a flexible working request has considerable scope to do so under the existing grounds. The right is a right to have the request considered, not a right to have it granted.

How to Make a Statutory Flexible Working Request

A statutory request must be in writing and must state that it is a statutory request, the change requested, the proposed start date, and the effect on the business (though the employee no longer needs to suggest how to manage any effect). The ACAS website provides a template letter.

Before making a formal statutory request, an informal conversation with your manager or HR is often more productive — particularly if you work in an environment where hybrid working is already common. A formal request is a legal process; an informal discussion may be quicker and more flexible in its outcomes.

If a Request Is Refused

If your employer refuses a flexible working request, they must give a written reason citing one of the eight statutory grounds. You have the right to appeal. If you believe the refusal was procedurally incorrect (for example, they did not respond within two months or gave an invalid reason), you can complain to an employment tribunal — though this route is rarely the most productive first step.

What Employers Cannot Do

Employers cannot dismiss you, subject you to a detriment, or treat you unfavourably because you made a flexible working request. These are legally protected actions. An employee who is dismissed or demoted after making a flexible working request has a strong basis for an employment tribunal claim.