For many neurodivergent employees, flexible working isn’t just a nice-to-have. It can make the difference between thriving at work or burning out completely. But asking for flexibility can feel daunting, especially if you’re unsure of your rights or worried about how your employer might respond.
This blog will guide you through the process step by step, including what the law says, how to make your request, what to do if your employer says no, and how to approach the conversation with confidence.
What Counts as Flexible Working?
Flexible working isn’t just about working from home. It can include:
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Changing your start or finish times (flexitime)
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Compressed hours, such as working your normal hours over fewer days
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Part-time working
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Job sharing
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Remote or hybrid working
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Adjusting workload patterns or duties
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Working in quieter spaces or using communication tools that suit your needs
For neurodivergent people, flexibility might also mean scheduling focused work when your brain works best or avoiding rush hour to reduce sensory overload.
Your Right to Request Flexible Working
In the UK, every employee with at least 26 weeks’ continuous service has the legal right to request flexible working. This is known as making a statutory flexible working request under the Employment Rights Act 1996.
If your neurodivergence has a substantial, long-term impact on your daily life, it may meet the legal definition of a disability under the Equality Act 2010. In that case, your employer has a legal duty to make reasonable adjustments, and flexible working can absolutely be one of those adjustments.
So even if you haven’t been in your job for 26 weeks, you can still ask for flexibility as a reasonable adjustment.
How to Make a Flexible Working Request
You can make an informal request by speaking with your manager, but it’s best to make a statutory request in writing so there’s a clear record.
Here’s how to do it clearly and professionally:
1. Make it official in writing
Even if you have a good relationship with your manager, a written request creates a record. Send an email or letter so you can refer back to it if needed.
2. State that it’s a statutory request
Use clear language, such as: “I am making a statutory request for flexible working under the Employment Rights Act 1996.”
3. Describe exactly what you’re asking for
Be specific about the changes you’d like. For example: “I’d like to work from home on Mondays and Fridays to allow for uninterrupted focus time.”
4. Explain why you need this change
Link your request to your neurodivergent needs if you’re comfortable. You don’t have to share a diagnosis, but explaining how flexibility helps you do your job better can strengthen your case.
5. Show the benefits
Point out how the change will support your productivity, wellbeing, and performance, or reduce the chance of needing time off.
6. Indicate whether the change is permanent or a trial
You can propose a trial period to see if it works for both you and your employer.
7. Include the date of your request
Employers are required to respond within three months of your request.
Who Should You Send Your Request To?
You should send your request to your line manager or HR team. If you’re not sure who is responsible for flexible working decisions, send it to both. Many organisations also have flexible working policies on their intranet or HR portal, so check for guidance.
What Happens After You Make Your Request
Your employer must consider your request in a reasonable manner and can only refuse it for specific business reasons set out in the law, such as:
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Extra costs the business cannot afford
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A negative effect on meeting customer demand
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Inability to reorganise work among existing staff
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Impact on quality or performance
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Insufficient work during the times you want to work
Your employer should invite you to a meeting to discuss your request. You’re allowed to bring a colleague or trade union representative to this meeting if it helps you feel more comfortable.
What If Your Employer Says No?
If your request is refused, your employer must provide a valid business reason in writing. Don’t panic — you still have options.
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Ask for more detail
Politely request clarification if the refusal reasons aren’t clear. Sometimes misunderstandings can be resolved through a conversation. -
Propose compromises
Suggest alternatives, like a trial period, fewer flexible days per week, or adjusting only part of your request. -
Remind them of reasonable adjustments
If your neurodivergence qualifies as a disability under the Equality Act, your employer has a legal duty to make reasonable adjustments. Flexible working can be part of these adjustments. -
Consider raising a grievance
If you feel your request wasn’t properly considered or you’re facing discrimination, you can raise a formal grievance. -
Seek advice
ACAS (Advisory, Conciliation and Arbitration Service) offers free guidance on flexible working rights and disputes.
How to Frame Your Request for the Best Chance of Success
When you ask for flexible working, how you phrase your request can make a big difference.
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Stay professional and positive
Emphasise how flexibility will improve your performance, engagement, or wellbeing, rather than focusing only on what’s difficult. -
Link it to business benefits
Show how your proposed arrangement supports team goals, reduces sick leave, or boosts productivity. -
Offer examples
If you’ve had flexible arrangements in previous roles that worked well, mention them. -
Keep the tone collaborative
Make it clear you’re open to discussion and willing to find a solution that works for everyone.
Can You Make Multiple Requests?
You’re allowed to make one statutory flexible working request every 12 months. However, if your circumstances change significantly, such as a new diagnosis or a change in your needs, you can still discuss adjustments informally or request reasonable adjustments outside of the statutory process.
Tips Before You Make Your Request
Before submitting your request, it helps to:
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Review your company’s flexible working policy
Your staff handbook or intranet may outline your company’s approach. -
Keep written records
Save copies of your request, your employer’s response, and notes from any meetings. -
Know your rights
Understanding the legal framework gives you confidence and helps you advocate for yourself. -
Talk to supportive colleagues or networks
A trusted manager, neurodiversity network, or union rep can help you plan your approach.
Why Flexible Working Matters for Neurodivergent Employees
Flexible working is often described as a perk, but for many neurodivergent employees it’s essential. It can help you:
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Manage energy levels and avoid burnout
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Reduce sensory overload by avoiding busy commutes or noisy offices
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Structure your day around periods of high focus
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Lower stress, anxiety, and the chance of sickness absence
Employers benefit too. Studies show flexible working can improve retention, boost productivity, and increase engagement across the board.
Final Thoughts
Requesting flexible working can feel nerve-wracking, but remember:
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You have the right to ask.
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You don’t have to share every detail of your diagnosis, but linking your needs to how you’ll perform better can strengthen your case.
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If your request is refused, you still have options — from negotiation and reasonable adjustments to seeking advice.
Flexible working can be a powerful tool for creating a more inclusive workplace. Neurodivergent people shouldn’t have to mask their needs or burn out just to keep up. With the right approach, you can set yourself up to work in a way that supports both you and your employer.