How to ask for flexible hours or remote work
There are two completely different legal routes to requesting flexible hours or remote work - and which one you use changes what your employer is actually required to do. One is a formal request that can be turned down on business grounds. The other, if it applies to you, puts a legal duty on your employer to take it seriously.
Getting this right before you put anything in writing can save you a lot of frustration.
The two routes - and why it matters which one you take
Route 1: Statutory flexible working request - under the Employment Relations (Flexible Working) Act 2023. This is a right to request a change to your working arrangements. Your employer has to consider it properly and respond within a set timeframe, but they can refuse it if they have a business reason.
Route 2: Reasonable adjustment request - under the Equality Act 2010. If your neurodivergence qualifies as a disability (more on that below), this is not just a request - it is a legal duty on your employer. They cannot simply decline it because it is inconvenient. They have to show it is genuinely unreasonable before they can refuse.
The same practical outcome (working from home two days a week, starting at 10am instead of 9am) could be pursued down either route. The legal weight behind it is very different.
Route 1: Statutory flexible working request
What changed in April 2024
The Employment Relations (Flexible Working) Act 2023 came into force in April 2024. The most significant change for new starters: flexible working is now a day one right. You no longer have to wait 26 weeks before you can make a request.
Other key points:
- You can make two requests per year (previously one)
- Your employer must respond within two months (previously three)
- Your employer must consult with you before refusing a request
The eight grounds for refusal
Your employer can only refuse a statutory flexible working request if one of these eight grounds applies to your situation. Crucially, the burden is on them to show why the ground applies - not on you to prove it does not. The eight grounds are:
- The burden of additional costs on the business
- Detrimental effect on the ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Insufficient work during the proposed hours
- Planned structural changes to the business
These grounds exist, and employers do use them. But "we prefer everyone in the office" is not a lawful reason on its own - there has to be a genuine operational basis.
You do not have to explain why
Legally, you are not required to give a reason for a statutory flexible working request. In practice, a brief explanation of why the arrangement would work can make it easier for your employer to say yes - particularly if you are asking for something they have not done before. But it is your call.
This route is best when you want to keep your health or neurodivergence out of the conversation entirely.
Route 2: Reasonable adjustment request
When this applies
Under the Equality Act 2010, employers have a legal duty to make reasonable adjustments for disabled employees and job applicants. ADHD, autism, dyslexia, and dyspraxia all commonly qualify - you do not need a formal diagnosis, but the condition must have a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. Most people with these conditions will meet that threshold.
For a full breakdown of how the legal framework works, see our full guide to reasonable adjustments and our article on what the Equality Act requires.
What makes this different
A reasonable adjustment request is not discretionary. Your employer cannot simply weigh it against business preferences and decline. They are required to consider it, and they can only refuse if the adjustment is genuinely unreasonable - taking into account cost, practicality, the size of the organisation, and the benefit to you.
The key test for a reasonable adjustment relating to flexible working is this: does the arrangement remove or reduce a disadvantage you face because of your condition? If you have ADHD and a flexible start time reduces the impact of executive function difficulties in the morning, that is a direct link. If you are autistic and working from home removes the sensory overload of a noisy open-plan office, that link is there too.
You will need to disclose your disability - or at least enough about your condition - for this route to work. Your employer cannot be expected to make adjustments for something they do not know about.
This route is not a guarantee either
"Reasonable" does have limits. A very small employer with a role that genuinely cannot be done remotely is in a different position to a large organisation with a hybrid workforce. But the threshold for refusing is higher than under a statutory request, and if your employer refuses without a proper basis, you have a stronger legal claim.
When to use which route
| Situation | Which route | |-----------|-------------| | You do not want to disclose your neurodivergence | Statutory flexible working request | | The change is a preference rather than a need linked to your condition | Statutory flexible working request | | Your neurodivergence qualifies as a disability and the change would reduce disadvantage caused by your condition | Reasonable adjustment request | | You want legal footing stronger than "please consider this" | Reasonable adjustment request | | You are in a new job and want to avoid starting with a disclosure | Statutory flexible working request | | You have already disclosed and the issue is affecting your ability to do your job | Reasonable adjustment request |
You can also do both - make a statutory request first, and if it is refused, follow up with a reasonable adjustment request if your condition was a factor. They are separate routes and one refusal does not close the other.
How to put the request in writing
Keep it straightforward. You do not need a solicitor and you do not need to be formal. A clear email or letter that covers the key points is enough.
Template: statutory flexible working request
Subject: Flexible working request
Dear [Manager's name],
I am writing to make a formal flexible working request under the Employment Relations (Flexible Working) Act 2023.
I would like to request [describe the change - e.g. "to work from home three days per week" or "to adjust my start time to 10am"]. I would propose starting this arrangement from [date], subject to your agreement.
I believe this arrangement would work well because [brief practical reason - e.g. "my role involves a significant amount of independent work that does not require me to be on site"]. I am happy to discuss how we could manage any impact on the team.
Please let me know if you would like to arrange a meeting to discuss this further.
[Your name]
You do not need to include the reason, but it helps. Keep it to one or two sentences.
Template: reasonable adjustment request
Subject: Request for reasonable adjustment
Dear [Manager's name],
I am writing to request a reasonable adjustment under the Equality Act 2010.
I have [condition - e.g. ADHD / autism / dyslexia / dyspraxia], which is a disability for the purposes of the Equality Act. My condition affects me in the following ways at work: [brief description - e.g. "I find it significantly harder to concentrate in noisy, open-plan environments, which affects my output on complex tasks"].
The adjustment I am requesting is [describe the change - e.g. "to work from home on Mondays and Fridays" or "to have a flexible start time between 9am and 10am"]. This would help because [explain the link - e.g. "working from home removes the sensory distractions that most affect my focus, and I am consistently more productive on the days I have done so"].
I would welcome the chance to discuss this with you and explore how it could work in practice.
[Your name]
You do not need a medical report to send this letter. If your employer asks for supporting evidence (which they are entitled to do), an occupational health referral, a GP letter, or a previous assessment report can all help - but they cannot make this a condition of considering the request.
If your employer says no
Step 1: internal appeal
Both types of request come with a right to appeal the decision internally. Use it. Ask for the decision in writing if you have not already got it, then appeal within whatever timeframe your employer's policy specifies. Put your appeal in writing and explain why you believe the refusal is wrong.
Step 2: ACAS early conciliation
Before you can bring an employment tribunal claim, you must contact ACAS to attempt early conciliation. This is a free service - an ACAS conciliator contacts your employer and tries to help both sides reach an agreement without going to tribunal. It is not a last resort; a lot of disputes are resolved here.
You can start the process at acas.org.uk.
Step 3: employment tribunal
If conciliation does not resolve things, you can bring a claim at employment tribunal. For discrimination claims under the Equality Act - which includes a failure to make reasonable adjustments - the time limit is three months less one day from the date of the act you are complaining about. That clock does not stop while you wait for an internal appeal, so do not delay if you are considering this route.
Statutory flexible working claims have a separate three-month time limit from the date of the disputed decision.
GOV.UK has guidance on making a claim to an employment tribunal.
Sources
- Employment Relations (Flexible Working) Act 2023 - day one right to request, two requests per year, two-month response, eight grounds for refusal
- Equality Act 2010 - reasonable adjustment duty, disability definition
- ACAS flexible working guidance - employer responsibilities, refusal grounds, appeals
- GOV.UK flexible working - employee rights and how to make a request
If you want to see employers who are upfront about what flexibility they offer before you even apply, find employers who already offer flexibility.
