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Refusing a Flexible Working Request: What Employers Can and Can't Do

Flexible working requests are more common than ever, and the rules around them have tightened. You can still say no, but only if you do it properly. Here is what employers can and cannot do. As the rules in this area have changed recently, do check the current position on the details.

Written by Samantha Newton FCIPD, Chartered Fellow CIPD · 5 min read · Last reviewed June 2026

Samantha writes a weekly HR column for Health & Wellbeing Magazine.

It is now a day-one right

Employees can ask for flexible working from their very first day, and you are expected to handle a request reasonably and within a set timeframe. It is no longer something only long-serving employees can ask for.

A request might be about hours, days, start and finish times, or working from home. The important thing is that you have to deal with it properly, not just wave it away.

First move

Treat any flexible working request as a formal process with a clock running, not an informal chat to park.

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You can refuse, but only for specific business reasons

You are not obliged to say yes, but you cannot refuse on a whim. Refusals must rest on recognised business grounds, for example the cost, a negative effect on quality or performance, an inability to reorganise the work or recruit, or an impact on meeting customer demand.

If your reason genuinely falls into one of those grounds, and you can explain it, you are on solid footing. 'I just prefer everyone in the office' is not, on its own, a sound reason.

First move

Before refusing, check your reason genuinely fits a real business ground, and write down why.

Handle it properly, whatever the answer

Consider the request genuinely, talk it through with the employee, respond within the required timeframe, and explain your decision. Even where the answer is no, a fair, considered process is what protects you.

Rushing it, ignoring it, or refusing without proper thought is what turns a simple request into a complaint, or worse.

First move

Meet the employee, consider it properly, and put your decision and reasons in writing.

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Key takeaways

  • Flexible working is now a day-one right, handle every request as a formal process.
  • You can refuse, but only on recognised business grounds, not personal preference.
  • Consider it genuinely, respond in time, and explain your decision in writing.
  • The rules here have changed recently, so check the current position, or take the free Situation Check if you are unsure.

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