Can I refuse a flexible working request in the UK in 2026?

Yes, but it is getting increasingly difficult. UK employers can refuse a flexible working request only on one of eight statutory grounds, and must provide written reasons. 

Since 6 April 2024, when ACAS introduced the new code of practice, the right to request has been a day-one right. Employees can make two requests in any 12-month period, and employers must respond within two months. A government consultation that closed on April 30 might, based on the responses, make the rules for refusal even stricter.

The 8 statutory grounds for refusal

• The burden of additional costs
• Detrimental effect on the ability to meet customer demand
• Inability to reorganize work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

Any refusal must cite at least one ground and explain why it applies to this role and this request. A generic response such as "we need everyone in the office" is not sufficient. Employers must also consult with the employee before refusing.

What is changing in 2026

The Employment Rights Act 2025 (Royal Assent December 2025) adds a "reasonableness" requirement on top of the statutory grounds, expected to commence in 2027. The consultation that closed on April 30, 2026, is on the procedural regulations underpinning that test. Tribunals are expected to apply greater scrutiny and may expect employers to have considered alternatives such as a trial period, partial approval, or different days. Tribunal time limits extend from three to six months in October 2026.

How to handle a request properly

• Rapidly acknowledge receipt and set up a meeting to discuss it
• Find out if the job can be done in a flexible way, and think about other options like a trial period or fewer working hours
• If refusing: cite the specific statutory ground, explain why it applies to this role and this request, and, like GOV.UK suggests documenting the reasoning
• If approving: confirm the new arrangement in writing with a clear start date and review period
• Be consistent: refusing one employee's request while approving a similar one from a colleague invites discrimination claims, in particular when the refusal affects parents, caregivers, disabled workers, or women more than other people

Companies that arrange hybrid work policies typically face these requests.

Disclaimer:

This article informs. It does not advise on the law. The UK is still consulting on the procedural rules. They may change further.

TL;DR

• UK employers can refuse flexible working requests only on one of eight statutory grounds with a written explanation.
• Since April 2024: day-one right, two requests in any 12-month period, two-month response deadline, consultation required before refusing.
• Tribunal time limits extend to six months in October 2026, and the Employment Rights Act 2025 adds a "reasonableness" test for refusals, expected to commence in 2027.