Is there a limit on the number of times an employee can make a request for flexible working?

The provisions giving effect to the statutory right to request flexible working only allow one application to be made every 12 months. If another application was made in the previous 12 months, employers do not have to follow the statutory procedure in respect of the subsequent application.

However, employers should bear in mind that the right to request flexible working is additional to sex discrimination law. Unless the employer can justify not considering or refusing a subsequent application, the employee may have a sex discrimination claim.

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.