Can you actually say no to a summer flexible working request?

July 19, 2026

Advice from an HR consultant in Ipswich on handling flexible working requests during school holidays and what the law expects from you.

I’ve had more conversations about summer flexible working requests in the last two months than I can count.

The pattern is always the same. A team member asks for adjusted hours while the kids are off, and the business owner freezes. Say yes too quickly and you set a precedent. Say no without proper grounds and you’re exposed.

The rules around flexible working shifted in April 2024, and they’re tightening again in October 2026.

Most of the business owners I speak to don’t realise how much has already changed. Here’s what you need to know.

Flexible working is now a day one right

Before April 2024, an employee had to clock up 26 weeks of service before they could submit a flexible working request. That qualifying period no longer exists.

From their very first day in the role, any employee can put in a formal request. They’re also entitled to make two separate requests in any 12-month period, which means you could be dealing with more than one from the same person across the year.

You have a two-month window to respond to each request. Not two months to think about it and then forget. Two months to give a written decision.

What’s coming in October 2026

The Employment Rights Act is introducing a reasonableness test. Right now, you can turn down a request by citing one of the statutory grounds (more on those below). From October 2026, that won’t be sufficient on its own.

You’ll also need to demonstrate that your refusal was reasonable given your particular circumstances. Stating the ground is only half the job. The other half is proving it actually applied in a meaningful way to the request in front of you.

The eight statutory grounds for refusal

There are only eight reasons the law recognises as valid for turning down a flexible working request. If your reason doesn’t fall under one of these, you don’t have a leg to stand on:

The additional costs would be a burden on the business
It would harm your ability to meet customer demand
You can’t redistribute the work among your current team
You wouldn’t be able to recruit someone to cover the gap
It would have a negative effect on quality
It would reduce performance
There wouldn’t be enough work during the hours proposed
You’re planning structural changes that conflict with the request

A gut feeling that it would be inconvenient isn’t a valid ground. Neither is the fact that you’d prefer everyone in the office during the summer. Your reason has to be genuine, and soon it will also have to be demonstrably reasonable.

How to deal with each request properly

One of the biggest mistakes I see is business owners trying to apply a blanket approach. A policy that says “no flexible working during summer” won’t hold up. Every request must be assessed on its own merits, with a written outcome delivered within the two-month deadline.

Consistency matters. If you approved a similar arrangement for someone in a comparable role last year, refusing the same thing for a different person this year needs a solid explanation. Inconsistency is one of the quickest ways to find yourself on shaky ground.

Look for alternatives before you decline. Could a trial period work? Perhaps the employee could adjust their proposed hours slightly to reduce the impact on the team. Even if you ultimately say no, showing that you explored options demonstrates good faith. That conversation alone can protect you if the decision is ever challenged.

Recording your decision if you refuse

When you do turn down a request, put it in writing. Be specific about which of the eight statutory grounds applies and explain why it applies to this particular situation.

A vague reference to “business needs” won’t cut it. You need to connect the dots between the request, the ground you’re relying on, and the real-world impact on your business. That written record is your safety net if the employee raises a complaint or takes things further.

Questions worth asking yourself before summer hits

Before the requests start landing on your desk, it’s worth taking stock:

Do you have a written flexible working policy that reflects the current rules?
Are your managers clear on how to handle these requests consistently?
Have you kept records of previous decisions, and could you justify them if compared side by side?
Do you know which of the eight statutory grounds would apply in your business, and can you evidence them?

If any of those gave you pause, now is the time to sort it out. Not when you’re already fielding requests and trying to keep the business running.

Getting your process right before the requests arrive

A clear policy, a consistent process, and proper documentation are what separate a business that handles flexible working well from one that ends up in difficulty. Our HR consultancy services in Ipswich are designed to help you put all of that in place before you need it, not after something goes wrong.

We can review your existing policy, advise on individual requests you’re unsure about, and make sure your processes are ready for the stricter rules arriving in October 2026.