Flexible Working Request: No Response Within 3 Months (UK)

If you’re running a small business, flexible working requests can arrive at busy times - but missing the decision deadline is risky. You might be searching “flexible working request no response within 3 months” because a request slipped through the cracks, or because you’re unsure what the legal deadline actually is now.

Don’t stress - in this guide, we explain what the law requires, what to do if a decision period has expired, how to reduce legal risk, and the processes and documents to put in place so your team handles flexible working lawfully and consistently.

Let’s get your process compliant and practical, so you’re protected from day one.

What Has Changed: The New Flexible Working Rules For Employers

From 6 April 2024, the flexible working framework in the Employment Rights Act 1996 was updated (via the Employment Relations (Flexible Working) Act 2023 and related regulations), and ACAS issued a new Code of Practice employers should follow. The key changes you need to know are:

• Day-one right: Employees can make a statutory flexible working request from their first day of employment (there’s no longer a 26-week service requirement).
• Two requests per year: Employees can now make up to two statutory requests in any 12-month period.
• Decision period is now two months: You must notify the employee of your decision within two months of receiving the request, unless you both agree a longer period in writing. (Historically this was three months - which is why many people still search for “no response within 3 months”).
• Consultation requirement: Before refusing, you should consult with the employee to explore the request and any alternatives. The ACAS Code expects a genuine discussion.
• No employee business case required: The employee no longer has to explain the effect of their request or how it would be managed - the onus is on you to consider it reasonably.

Importantly, you can still refuse a request for one or more of the eight statutory business grounds (we cover these below). But you must follow a reasonable process, keep records, and give your decision in writing within the statutory decision period.

What If You Genuinely Gave No Response Within 3 Months?

If three months have passed with no response, you’ve almost certainly missed the current legal deadline (two months), unless you and the employee agreed in writing to extend it. Here’s what that means in practice:

1) Legal Risks Of Missing The Deadline

• Procedural breach: Failing to decide within the two-month decision period (or agreed extension) can be a breach of the statutory flexible working rules under the Employment Rights Act 1996.
• Tribunal claim risk: An employee can bring a claim alleging you failed to comply with the statutory procedure or didn’t deal with the application in a reasonable manner. A tribunal can order you to reconsider the request and/or make an award of compensation (capped by statute, often framed as weeks of pay).
• Discrimination claims (higher risk exposure): Separate to the flexible working regime, you could face discrimination claims if the way you handled (or failed to handle) a request disadvantages someone because of a protected characteristic - for example, indirect sex discrimination when a mother seeks flexible hours for childcare, disability discrimination where schedule changes relate to reasonable adjustments, or religion/belief where working patterns affect observance.
• Employee relations and retention: Silence or delay damages trust. That can spill into grievances, resignations, or wider cultural issues that become costly. It’s one of the reasons employment tribunals go against employers - process failures are avoidable but common.

2) Practical Fixes If You’re Late

If you’ve missed the deadline, act quickly and reasonably:

• Respond immediately: Acknowledge the delay, apologise, and confirm you’ll now progress the request under the ACAS Code.
• Arrange a consultation meeting: Meet with the employee to explore the request and potential alternatives. Offer the right to be accompanied if appropriate.
• Agree a short extension in writing (if needed): If you need time to trial an alternative or gather evidence, propose a specific extended decision date and get the employee’s written agreement.
• Assess against the eight statutory grounds: Consider the operational impact, consult relevant managers, and document your reasoning.
• Decide and confirm in writing: If refusing, state which statutory grounds apply and give clear, specific business reasons. If agreeing, set the start date, pattern/location, and review points in writing.

A late but transparent, reasonable process is far safer than continuing to say nothing. Tribunals will look at how you handled things overall, not just the calendar.

How To Handle An Outstanding Or Overdue Request Step By Step

Here’s a simple, compliant workflow you can adopt straight away - whether you’re within the two-month window or catching up after three months:

Step 1: Log The Request And Check Eligibility

Record the date received, the change requested (hours, times, location), and whether it’s the first or second request in 12 months. Add a diary note for the two-month decision deadline. Train managers to forward requests to HR/ops immediately so nothing falls through the cracks.

Step 2: Acknowledge And Plan A Consultation

Send a prompt acknowledgement and invite the employee to a meeting. Share what you’ll discuss (the role’s requirements, team coverage, service levels, any potential alternatives) so the conversation is constructive. If you run this through a written Workplace Policy, everyone knows the steps and timelines.

Step 3: Assess Operational Impact And Feasible Alternatives

Before the meeting, expect to answer: what would the change do to service levels, team coverage, supervision, client commitments, training, and costs? Could you trial the arrangement or offer a modified pattern that still works? Keep notes - your file is your evidence if challenged.

Step 4: Consult Meaningfully

In the meeting, explore the request and any alternatives together. If you’re minded to refuse, check whether minor adjustments (different days, compressed hours, specific remote days, a time-limited trial) could address the concern. The ACAS Code expects a genuine discussion, not a tick-box exercise.

Step 5: Decide Within The Decision Period

Make a decision within two months of receipt (unless a longer period is mutually agreed in writing). If you need a short extension for a trial period, get written agreement and set precise dates.

Step 6: Confirm The Outcome In Writing

• If you agree: Confirm the working pattern, start date, review points, and any knock-on changes (e.g. team rota). Update the employee’s Employment Contract or issue a variation letter to reflect permanent changes. If it’s a temporary change, make the duration clear.
• If you refuse: Specify the statutory grounds you rely on and explain the business reasons in plain English. Offer an appeal stage (even though not mandatory, it’s good practice).

Remember, if a contractual change is needed beyond the request (for example, adjusting duties or pay), handle that via your normal, lawful process for changing employment contracts with proper consultation and consent.

Lawful Reasons To Refuse And How To Evidence Them

You can refuse a statutory flexible working request only for one or more of the eight statutory business grounds. The safest approach is to link your reasons to evidence you actually considered, not generic statements.

The Eight Statutory Grounds (With Employer Tips)

• Burden of additional costs: Show why the request materially increases costs (e.g. overtime, agency cover, additional licences) and why alternatives aren’t cost-neutral.
• Detrimental effect on ability to meet customer demand: Refer to trading hours, peak periods, SLAs, or appointment availability and explain the impact clearly.
• Inability to reorganise work among existing staff: Evidence team capacity, skill mix, and why redistributing duties would create bottlenecks or compliance issues.
• Inability to recruit additional staff: Note recruitment attempts, market scarcity, training lead times, onboarding costs, or right-to-work constraints.
• Detrimental impact on quality: Link to quality metrics, error rates, supervision requirements, or governance standards that would be compromised.
• Detrimental impact on performance: Consider KPIs, productivity, supervision, or collaboration needs; avoid assumptions - rely on data where possible.
• Insufficiency of work during the periods the employee proposes to work: Explain why there isn’t enough meaningful work at the proposed times (e.g. no deliveries, no client demand).
• Planned structural changes: Reference any reorganisation, new systems, or location moves that mean the role is changing or being phased out.

Where refusal is necessary, keep your explanation specific and proportionate. Offer alternatives where you can (e.g. different days, time-limited trial, hybrid pattern), and document why a trial wouldn’t work if you decide against it. Having clear procedures in your Staff Handbook helps managers make consistent decisions across the business.

Policies, Contracts And Processes To Put In Place

A short, practical framework makes flexible working manageable for small teams. Build these into your day-to-day:

• Flexible Working Procedure: A simple policy aligned to the ACAS Code: how to apply, timeframes, who decides, consultation, trials, and appeals. Include how you log requests and track the two-month deadline.
• Contractual Clauses: Make sure your Employment Contract covers place of work, hours, mobility clauses (if appropriate), and a clear change-of-terms process so it’s easy to document agreed changes later.
• Team Rota Rules And Role Requirements: Document minimum on-site coverage, opening hours, and role-specific needs (e.g. supervision, safeguarding) in a Workplace Policy so managers can evidence operational constraints fairly.
• Manager Training: Train line managers on the new time limits, handling conversations, and the eight statutory refusal grounds. Emphasise the need to consult and consider alternatives.
• Change Control: Use a standard variation letter when changes are agreed, and run any wider change programme through a lawful process for changing employment contracts with proper engagement.
• Working Time Compliance: If the new pattern changes hours or breaks, check compliance with the Working Time Regulations, rest breaks and night work limits. If you need a refresher, our guide to Working Time Regulations outlines your core obligations.

The aim is a predictable, fair process that reduces disputes and keeps your service levels steady as your workforce patterns evolve.

FAQs For Small Employers

Is It Still A Three-Month Deadline?

No. Since April 2024 the statutory decision period is two months from receipt, unless you and the employee agree a longer period in writing. Many older policies still say three months, which is why the search term “no response within 3 months” is common - but you should update your documents and processes to the new standard right away.

Can We Treat A Request As Withdrawn If The Employee Doesn’t Reply?

You shouldn’t simply treat it as withdrawn without clarity. The legislation allows withdrawal in certain circumstances, but the safest approach is to write to the employee, set reasonable time limits for information or attendance (e.g. at a meeting), and confirm in writing if they have decided to withdraw. Keep it reasonable and well-documented.

Can We Reset The Clock With A New Meeting Invite?

No. The statutory clock runs from the date the request was received. You can only extend the decision period if both you and the employee agree to an extension in writing, ideally with a clear business reason (for example, to complete a short trial period).

Do We Have To Offer An Appeal?

An appeal isn’t legally required, but it’s regarded as good practice in the ACAS Code. Appeals help catch misunderstandings and demonstrate a reasonable process. Build a simple appeal stage into your Staff Handbook.

What If Multiple Team Members Request The Same Days?

Consider requests in the order received, evaluate the operational impact each time, and record your reasoning. Be consistent and mindful of discrimination risks - for example, don’t inadvertently disadvantage a group with a protected characteristic. Clear rota principles in a Workplace Policy help you apply decisions fairly.

Does Probation Make A Difference?

Employees can make a statutory request from day one, including during probation. You still need to follow a reasonable process and give a timely decision. If you need the employee on-site for training or supervision during probation, explain the operational reasons clearly and consider time-limited alternatives or a trial later in their probation period.

If We Agree To A Change, Is It Permanent?

It depends on what you agree. Flexible working changes are often permanent, but you can agree a temporary arrangement with a review date. Whatever you agree, confirm it in writing and update the Employment Contract or issue a variation letter so your records match reality.

What If The Request Overlaps With Medical Issues Or Caring Responsibilities?

Handle the flexible working request properly and also think about your wider duties. There may be obligations to consider reasonable adjustments for disability, or time off for dependants. If you’re unsure, take advice before refusing - it’s easy to stray into discrimination territory if the background isn’t considered carefully.

Common Pitfalls To Avoid

• Letting the deadline pass: Silence or delay is what gets employers into trouble. Acknowledge promptly, diarise the decision date, and communicate clearly.
• Using generic refusal wording: Refusal letters need specific, evidence-based reasons tied to the statutory grounds. Avoid “cut-and-paste” justifications.
• Skipping consultation: The ACAS Code expects a discussion and consideration of alternatives. Hold the meeting and document it, even if you think refusal is likely.
• Ignoring knock-on legal duties: Changes to hours and location can affect health and safety, data security, and working time rules. Review your pattern against the Working Time Regulations and update relevant policies.
• Not updating documents: If you approve changes, reflect them in contracts and your handbooks. A mismatch between practice and paperwork is a classic risk factor in tribunal disputes.

Key Takeaways

• The decision period for statutory flexible working requests is now two months (not three), unless a longer period is agreed in writing.
• Always consult before refusing and assess the request against the eight statutory grounds with specific, evidence-based reasoning.
• If you’ve missed the deadline, move quickly: apologise, consult, consider alternatives, and issue a clear written decision. A reasonable process reduces risk.
• Document approved changes properly by updating the Employment Contract or issuing a variation letter, and keep your Staff Handbook and Workplace Policy aligned with the ACAS Code.
• Watch for discrimination risks where requests relate to childcare, disability, or religion. If in doubt, get tailored advice before refusing.
• Build a simple, consistent process with clear timelines, manager training, and proper record-keeping to stay compliant and avoid avoidable disputes.

If you’d like help updating your policies, handling an overdue request, or documenting an agreed change, you can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.