Back to Work While Pregnant: Your Right to Ask for Flexible Working from Day One

Until recently, many pregnant employees (and partners) had to wait for a qualifying period, typically 26 weeks’ service, before exercising the statutory right to request flexible working. But the law has now changed. Under the updated regime that came into force on 6 April 2024, any employee may make a flexible working request from the very first day of employment.

For those expecting or supporting a pregnancy, this is an important new protection or tool. Below is a guide to how this works in practice.

What the law says

Day-one right to request

• Under the new framework, there is no minimum service requirement before an employee may make a statutory request for flexible working.

• Before 6 April 2024, an employee needed 26 weeks’ continuous service to make a request; that requirement is now removed.

• The revised ACAS Code of Practice on requests for flexible working also took effect from 6 April 2024.

Who is eligible

• The statutory right to request flexible working applies to employees (not necessarily all types of “workers”) from day one.

• Pregnant employees fall under this framework just like any other employee.

• Note: the right is a request, not a guaranteed entitlement to have it accepted.

Why make a flexible working request during pregnancy?

During pregnancy, changes in health, mobility, fatigue, or medical advice may make some work patterns more difficult (e.g. long commutes, rigid hours). A well-timed request can help:

• reduce stress, fatigue, or exposure to risk

• accommodate medical appointments or rest needs

• ease transition into maternity leave or parental adjustments

• demonstrate to your employer your willingness to find workable solutions

Even though your request is not automatically guaranteed, the legal protections now give stronger footing to such adjustments.

How to make a strong flexible working request: Step by step

Under the new regime and ACAS guidance, here’s how you can build a robust request:

1. Write it down (dated, in writing)Your request must be in writing (an email is acceptable) and clearly dated.

2. Specify what you want Describe precisely what changes you want, e.g. part-time, flexitime, compressed hours, remote work, altered start/finish, different days.

3. Indicate when you want the changes to start Provide a reasonable effective date for the change.

4. Flag that it is a statutory request Use wording such as “I hereby make a statutory flexible working request under the Employment Rights (Flexible Working) Act / ACAS Code.”

5. State whether you have submitted a previous request The new rules allow up to two requests in a 12-month period.

6. Optionally explain your reason / context You do not need to justify your request or explain how it will impact the business, that is now the employer’s responsibility. However, giving context (especially health, pregnancy, or logistical reasons) can help frame a collaborative tone.

7. Propose a trial or review period (if applicable) Asking for a temporary trial can make the change less risky for your employer.

8. Keep a copy and note the date it was sent / received

Sample outline (brief)

[Date] Subject: Statutory Request for Flexible Working Dear [Manager/HR], I am requesting a change to my working pattern as a statutory flexible working request under the Employment Relations (Flexible Working) Act / ACAS Code. I propose the following changes: – New hours / days / location: … – Proposed start date: … – (Optional) Brief rationale: …I have not submitted another request in the last 12 months. I’m open to meeting to discuss practical arrangements. Thank you for your consideration. Yours sincerely, [Name]

What the employer must do: Timelines and procedure

Under the updated ACAS Code and statutory framework:

• The employer must deal with the request reasonably, following the ACAS Code of Practice.

• The employer must consult with you before making a final decision (unless they accept your request outright).

• A final decision (including appeal) must normally be made within two months of receiving the request.

• If they reject the request, the employer must give written reasons, based on one or more of the eight prescribed business grounds.

• You should be offered the opportunity to appeal.

• If the employer fails to follow the Code or handle the request fairly, that may be taken into account in an employment tribunal claim.

The eight business reasons (grounds for refusal)

Employers can only refuse on specific, legally allowed grounds, such as:

1. burden of additional costs

2. inability to reorganise work among existing staff

3. inability to recruit additional staff

4. detrimental effect on quality

5. detrimental effect on performance

6. inability to meet customer demand

7. insufficient work during the periods requested

8. planned structural changes to the business

Employers should show evidence and clarity if using these grounds rather than vague or discriminatory reasons; particularly with pregnancy, which is a protected characteristic under the Equality Act 2010.

Tips for strengthening your case (pregnancy-specific angle)

• Emphasise collaborative tone: suggest compromise, trial periods, or phased change

• Link your request to medical advice or wellbeing (where relevant)

• Cite the new law: remind employer that you now have day-one right

• Show you’ve thought through how the change can work (covering handovers, communication, output)

• Offer periodic review points to reassess

• Be proactive in requesting a meeting or discussion

What to watch out for / potential pitfalls

• Don’t assume a request will be automatically granted - the employer may refuse (with lawful grounds)

• If your request is declined, you can appeal internally and, as a last resort, consider tribunal action

• Always keep records (your request, the employer’s communications, meeting notes)

• Employers must avoid treating you less favourably because of pregnancy, if refusal crosses into discriminatory territory, that may be actionable

• Timings matter, so make your request as early as is feasible, so there is time to negotiate adjustments

In summary

From 6 April 2024, pregnant employees and their partners (where employed) now benefit from a day-one right to request flexible working. While the right is to request, not to have, the updated ACAS Code and legal framework impose stricter obligations on employers to handle requests fairly and promptly. A well-drafted, clear, collaborative request backed by documented reasoning can give you a strong foundation to negotiate a working pattern that supports your health, wellbeing, and performance during pregnancy.