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Flexible Working in 2026 (UK): A Neuro-Inclusive Guide for Employees and Managers


From 6 April 2024, the UK made flexible working a day-one right to request. That matters for neuroinclusion: time, place and pace profoundly shape executive function, sensory load and recovery. This post explains what changed, how to use the right effectively, and—critically—how it sits alongside your separate duty to make reasonable adjustments under the Equality Act.


What changed (in plain English)

Employees can now make two statutory requests in any 12 months; employers must consult before refusing, reply within two months, and employees no longer have to explain the request’s business impact. The ACAS statutory Code of Practice was revised at the same time and now guides what “handling in a reasonable manner” looks like. These changes came into force on 6 April 2024.

There is still no automatic right to get the pattern you want; employers may refuse only for one or more of the eight statutory business reasons (for example, detrimental impact on quality or performance, inability to reorganise work, lack of work at proposed times). GOV.UK lists them explicitly.


Flexible working vs. reasonable adjustments

These are different legal routes. A flexible working request is a general statutory process anyone can use; the Equality Act duty to make reasonable adjustments is stronger and specifically protects disabled employees (which includes many neurodivergent people). If flexibility removes a substantial disadvantage, treat it as an adjustment first; don’t gatekeep support behind a generic “right to request”. EHRC’s guidance explains what “reasonable” means in practice. ACAS also reminds employers they must consider both duties where disability is relevant.



How to frame a request that lands (employee view)

Anchor the ask to outcomes and predictability, not preference. Describe the pattern (hours, location, cadence), the work you’ll deliver under it, and how you’ll manage handovers and coverage. If your need relates to disability, say so and reference the adjustment route as well; you do not need to share clinical detail—focus on barriers and solutions. Working Families has a clear, employee-centred primer if you want a checklist before you write.


How to handle requests lawfully and well (manager view)

Follow the ACAS Code: acknowledge promptly, consult with the employee, test alternatives, decide within two months, and give reasons tied to one of the eight statutory grounds where you refuse. Record the assessment; if refusal intersects with protected characteristics, check discrimination risk and the separate reasonable-adjustments duty. Department for Business and Trade’s notice confirms the revised Code’s status; sector commentary (Littler, People Management, IoD) outlines the new day-one right, two-request limit, and shorter decision window.


Neuro-inclusive scheduling principles (keep outcomes high)

Treat time as a work design variable. Many neurodivergent colleagues do their best complex work in stable, lower-interruption windows; some need later starts to avoid circadian misalignment; others benefit from regular decompression buffers between meetings. Where the request is disability-related, apply the adjustments lens first; where it’s a general preference, use the flexible-working route and trial a data-backed pilot. In both cases, judge the work produced, not the proximity to 9–5. (For completeness, Part 8A ERA 1996 remains the statutory framework underpinning refusals and process.)


If you need to refuse

You must tie refusal to one or more of the eight statutory reasons and explain why the reason applies to this role, now. Offer an appeal. Where business constraints exist, explore partial or time-limited alternatives (e.g., fixed overlap hours, rotaed coverage, or a three-month pilot with review). That approach aligns with ACAS’s “reasonable manner” requirement and reduces litigation risk.


Quick FAQs

Is it really day one? Yes—no 26-week service threshold. That change took effect on 6 April 2024.


Do I have to show business impact in my request? No—that requirement was removed; the employer still weighs business reasons when deciding. 

How many times can I ask? Up to two statutory requests in any 12 months; an employer must decide within two months (unless you both agree more time). 

What are the refusal grounds? The eight reasons on GOV.UK cover costs, customer demand, quality, performance, reorganisation, recruitment, insufficient work at proposed times, and planned structural changes. 

Where does academic employment law land on this? Recent analysis in the Industrial Law Journal underscores that while employers choose among the eight statutory reasons, employees can challenge refusals based on incorrect facts—so evidence matters. 



References (APA-7)

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