From 2023’s law change to the Acas statutory code, flexible working is a live employment right in 2026. This guide explains what’s changed, the key figures to know, and a step‑by‑step process for making a flexible working or remote‑work request that stands a real chance of success. It includes timescales, legal protections, regional differences and practical templates you can adapt.

Quick-reference summary

Key facts at a glance:

  • Right to request flexible working from the first day of employment — introduced by the Flexible Working (Amendment) Regulations 2023 (royal assent July 2023).
  • Acas published a new statutory code on flexible working; it lists types of flexible working: part‑time, flexitime, job share, staggered hours, hybrid and home working (remote).
  • Gov.uk guidance: https://www.gov.uk/flexible-working. Acas guidance: https://www.acas.org.uk/flexible-working.
  • If an employer fails to follow the statutory procedure, an employee may bring a tribunal claim for failure to comply — time limit generally three months less one day from the decision.
  • Regional note: the 2023 amendment covers England, Scotland and Wales; Northern Ireland follows separate rules and advice should be checked locally.

Key figures and context

Flexible working became a mainstream right after the pandemic. According to the Office for National Statistics (ONS), hybrid and homeworking patterns have remained a substantial part of the labour market since 2020 — employers and workers both report productivity and wellbeing impacts. The Flexible Working (Amendment) Regulations 2023 changed the baseline: the right to request now applies from day one rather than after a qualifying period.

Pay and costs you should consider when planning a move to remote work:

  • Median full‑time pay in the UK (ONS, recent Annual Survey of Hours and Earnings rounds) sits in the low‑to‑mid £30,000s per year — role, sector and location change that figure dramatically.
  • Typical graduate starting salaries reported via UCAS and graduate career surveys often sit in the mid‑£20,000s depending on subject — sector matters more than remote status.
  • Home‑working costs: broadband upgrades, equipment and utility top‑ups can run from a few hundred to over a thousand pounds a year. Employers may meet some costs; check your contract and company policy.

Detailed breakdown: what flexible working covers in 2026

Flexible working covers a lot — like where you work, when you work, and how you work. That means working from home, another office, or a co-working space; part-time, flexitime, or compressed hours; and job sharing or staggered hours. The Acas code points out that flexible working isn’t just remote work, but hybrid and homeworking are key choices for many.

Legal protections include:

  • A statutory right to make a request (not an automatic right to have it agreed) from day one of employment in Great Britain.
  • Requirements on employers to deal with requests reasonably and in line with the Acas code — that code is admissible evidence in tribunal cases ‘according to’ employment law practice.
  • Protection from detriment or dismissal for making a request; illegal treatment for making or supporting a request may lead to tribunal action.

How to apply: step‑by‑step (statutory route)

Here’s a step-by-step guide to making a formal flexible working request. The goal is to be clear, reasonable, and show how it benefits both you and your employer.

Mastheads
  1. Check your workplace policy and the law. Read the employer’s flexible working policy and HR handbook. Then read the government guidance at https://www.gov.uk/flexible-working and Acas guidance at https://www.acas.org.uk/flexible-working so you know the statutory expectations and your protections.
  2. Decide the type of change you want. Be precise: full remote, hybrid (which days in office), compressed hours, part‑time or job share. Include proposed start date and whether you want a trial period (six to 12 weeks is common).
  3. Prepare a written request. Put the request in writing and title it as a statutory flexible working request. Include:
    • The date of the request;
    • The change you want (exact working pattern and location);
    • The date you want the change to start;
    • Whether the request is to be permanent or temporary;
    • What effect the change will have on pay, hours and duties (if any);
    • Whether you’ve made a flexible working request before (some employers have limits on how often);
    • Any reasonable adjustments needed for health or caring responsibilities.
  4. Offer solutions for likely employer concerns. Explain how you’ll manage communication, meetings, performance monitoring and data security. Propose a trial period and review points — this shows flexibility and commercial awareness.
  5. Submit the request and keep records. Send by email or recorded delivery. Save a copy. Note the date the employer receives it.
  6. Expect a formal response. Employers have to review your request and reply according to the law. If they say yes, make sure you get the new terms in writing. If they say no, they need to explain why with business reasons and proof — like extra costs, impact on quality or performance, trouble rearranging work, or upcoming changes.
  7. If refused, use the internal appeal. Follow your employer’s appeal process. Many disputes are resolved internally when both sides negotiate a compromise, such as a hybrid trial or adjusted hours.
  8. Escalation to tribunal. If the employer failed to follow the statutory procedure, or treated you unfairly, you may have grounds for a tribunal claim.

    Time limits are short — typically three months less one day from the decision — so seek advice early from ACAS or a solicitor.

Practical template: short statutory request

Right now, subject: Statutory flexible working request — [your name, job title]

Dear [manager],

I am writing to make a statutory request to change my working pattern under the Flexible Working (Amendment) Regulations 2023. I propose to work [e.g. Three days remote, two days in office] from [start date], permanently (or for a trial period of X weeks). This change will alter my hours from [current] to [proposed], with no change to my contractual pay (or state proposed change to pay if relevant). I am happy to discuss a trial period and regular reviews.

I confirm this is my [first/second] request in the last 12 months. My contact number is [number].

Yours,

[Name]

Tips to improve your chance of success

  • Quantify benefits — show how output, productivity or cost‑savings will be maintained or improved.
  • Suggest a pilot and review date — 6–12 weeks is reasonable for most employers.
  • Offer to cover key on‑site events and leave a small number of core days for team co‑location.
  • Prepare a short risk assessment covering security, equipment and client access. That removes a common employer objection.
  • If you’re a manager applying for flexible working, include how you’ll manage your team remotely and maintain oversight.

Common mistakes to avoid

  • Being vague — unclear requests are easy for employers to refuse.
  • Failing to offer solutions to business concerns — employers need reassurance on continuity and output.
  • Ignoring company procedure — follow internal HR rules as well as the statutory route.
  • Missing appeal deadlines or tribunal time limits — keep written records and act quickly.
  • Assuming a request will be automatically granted — it's a right to request, not an automatic entitlement to the change.

Regional differences and special cases

England, Scotland and Wales: the 2023 amendment applies and Acas published the statutory code. The practical effect is similar across these nations — employers must consider requests reasonably and follow the code. Northern Ireland: employment law differs; some provisions mirror Great Britain, but check local guidance from the Northern Ireland Civil Service and local trade unions.

Public‑sector workers: some departments have additional policies on remote working and core presence requirements. Check your departmental or school policy (for teachers) and collective bargaining agreements if you’re in a unionised role.

Caring responsibilities or disability adjustments: flexible working requests can interact with rights under the Equality Act 2010. If adjustments are needed for a disability, mention this and ask for a reasonable adjustment — this is a separate protection.

Where to get help

  • Gov.uk flexible working guidance: https://www.gov.uk/flexible-working
  • Acas flexible working advice and statutory code: https://www.acas.org.uk/flexible-working
  • Office for National Statistics (labour and earnings data): https://www.ons.gov.uk
  • UCAS (graduate destinations and pay context): https://www.ucas.com
  • If you need legal advice, consult an employment solicitor or Citizens Advice for free initial guidance.

Flexible working and remote work are normal parts of the UK labour market in 2026. The law now lets people ask from day one — but success depends on how the request is framed. Be clear, practical and solutions‑focused. Use the Acas code and gov.uk guidance, propose a trial, and keep written records. If the employer fails to follow the procedure, there are legal routes — but acting promptly is crucial.

This article was created with AI assistance.