Flexible working request right takes effect from day one of employment
The Employment Relations (Flexible Working) Act 2023 gave employees the right to request flexible working from day one. Regulations now specify the employer's response window.
Following the Employment Relations (Flexible Working) Act 2023, new regulations set the employer response period at two months (down from three). Employers must consult the employee before refusing and must give one of the eight statutory reasons for any refusal.
The right applies from the first day of employment — there is no longer a 26-week qualifying period. Employees may now make two requests in any 12-month period.
AreaEmployment
TypeNew law
Published2 September 2026
StatusIn force / published
What this means in practice
This new law affects Employment matters in England & Wales.
It is now published and applies. If this area of law is relevant to your situation, review any contracts, notices or deadlines that may be affected.
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