The flexible working two-month deadline
Two months to consult, decide, write and hear an appeal - and the clock starts the day the request arrives, not the day someone opens it.
An employer has two months from the date of a flexible working request to decide it and tell the employee - including any appeal. The clock starts the day the request is made, not the day you get round to reading it, and it can only be extended by agreement with the employee. Miss it and the employee can take the mishandling to a tribunal.
How long does an employer have to respond?
Two months. That single period covers everything: the discussion, the decision, the letter, and any appeal you offer. It replaced the older three-month window, and it's shorter than most managers assume - a request made on 3 September needs a final answer by 3 November.
| When | What happens |
|---|---|
| Day 0 | written request received - the clock starts, log the date |
| Within 1 week | acknowledge it and book the discussion |
| Weeks 1-3 | consult - explore whether any version works (mandatory before refusing) |
| Weeks 3-5 | decide, and put it in writing with reasons if refused |
| Weeks 5-8 | appeal, if the employee wants one - still inside the two months |
| By day 60 | final answer communicated |
Can the two months be extended?
Only by agreement with the employee. If you need longer - a decision-maker on leave, a restructure mid-flight - ask, explain why, and confirm the new date in writing. What you can't do is let it drift and rely on nobody counting.
What has to happen inside the window?
- Consultation before any refusal. Mandatory since April 2024 - a real discussion, not a notification.
- A decision on statutory grounds. Refusals must rest on one of the eight business grounds, with an explanation of why it applies here.
- Written notification. Say what was decided and, if refused, why - the letter is your evidence if it's ever questioned. Wording in the response template.
- An appeal, if offered. Not statutory, but Acas recommends it and it has to fit inside the same two months.
What happens if the deadline is missed?
The employee can complain to an employment tribunal that the request was mishandled. Compensation is up to eight weeks' pay - but the bigger exposure is usually elsewhere: a request tied to childcare or a health condition that gets lost in someone's inbox can turn into a discrimination claim, where the cap doesn't apply.
- Log the date the request arrives, somewhere other than a manager's inbox.
- Diarise day 60 the moment it lands, and a checkpoint at day 30.
- Name one owner. Requests fail when they sit between a line manager and HR with each assuming the other has it.
How many requests can someone make?
Up to two in any 12-month period, and it's a day-one right - no qualifying service. Each request gets its own two-month window. If someone's circumstances change mid-year, a second request isn't them being difficult; it's the entitlement working as designed.
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A clock that watches itself
CoDash logs each flexible working request with its statutory deadline, tracks the consultation and decision, and keeps the record if it's ever challenged.