New law Employment 2 September 2026 3 min read

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.

Area Employment

Type New law

Published 2 September 2026

Status In 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.

Read the official text

legislation.gov.uk Parliament.uk — Bills BAILII — Judgments GOV.UK UK Supreme Court EUR-Lex

Primary source

Employment Relations (Flexible Working) Act 2023 — legislation.gov.uk

This item summarises a legal development for general information only. It is not legal advice. Always check the official text and, for your own situation, consult a qualified lawyer.

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