Flexible Working Requests: A Practical Guide for Employers and Employees

What do you need to know about Flexible Working

Flexible working has become a normal part of working life rather than an exception. Changes in legislation means that employees have greater access to request flexible working and at the same time, employers must ensure requests are handled fairly, reasonably, and within the legal framework.

Whether you are an employer managing requests or an employee considering making one, understanding your rights and responsibilities can help avoid misunderstandings and potential disputes.

What is Flexible Working?

Flexible working is any arrangement that differs from an employee’s standard working pattern. It can include changes to:

• Working hours
• Start and finish times
• Days worked
• Compressed hours
• Part-time working
• Job sharing
• Hybrid working
• Home working
• Annualised hours

Flexible working is not limited to just parents or carers. It is available to all eligible employees regardless of their personal circumstances.

Who Can Make a Flexible Working Request?

Since 6 April 2024, employees have the right to request flexible working from the first day of employment.

Employees can make:

• Up to two statutory requests during any 12-month period.
• A request in writing setting out the change they would like and when they would like it to begin.

Importantly, employees no longer need to explain what effect their request may have on the employer and the business or suggest ways of dealing with or mitigating any impact.

The Employer’s Responsibilities

Employers must:

• Deal with the request in a reasonable manner.
• Consult with the employee before refusing a request.
• Make a decision within two months unless a longer period is agreed.
• Consider each request on its individual merits.

A request should never be dismissed simply because the employer has always done things a certain way.

Employers should assess:

• Any reasons the employee has provided.
• The operational impact.
• Business needs.
• Whether alternatives could work.

Meaningful consultation is now an important part of the process. So, it is important to hold meetings and keep a record of them.

Can an Employer Refuse a Flexible Working Request?

An employer can refuse a statutory request for one (or more) of the eight statutory business reasons:

1. The burden of additional costs.
2. Detrimental effect on the ability to meet customer demand.
3. Inability to reorganise work among existing staff.
4. Inability to recruit additional staff.
5. Detrimental impact on quality.
6. Detrimental impact on performance.
7. Insufficiency of work during the periods the employee proposes to work.
8. Planned structural changes.

Currently employers don’t need to give any detail about how they have reached the conclusion for the business reason stated but this is changing (see below). We always advise that you provide some explanation to employees of your decision making in any event because it helps to prevent conflict and aids employee relations.

What Makes a Reasonable Process?

A fair process often includes:

1. Acknowledging the request promptly.
2. Arranging a meeting with the employee as quickly as you can.
3. Exploring alternative arrangements if the original request cannot be accommodated.
4. Considering any trial period.
5. Providing a written decision within the prescribed time limit explaining the reasons for any refusal.

While there is no legal obligation to offer an appeal, allowing one is considered good practice and may help resolve disagreements before they escalate.

Changes under the Employment Rights Act 2025

In 2027 (actual date unknown currently) changes under the Employmetn Rights Act 2025 in regard to how you dela with flexible working requests will come into force.

Under the new law it will not be enough for employers to simply follow a process and reject an application for one of the 8 business reasons, they will also have to explain why they believe their refusal is reasonable.

Practical Tips for Employers

Have a Clear Policy

A flexible working policy helps staff understand:

• How requests should be made.
• Timescales.
• Decision-making responsibilities.
• Appeal arrangements.

Having a policy and following it evidences that the employer takes a consistence approach and reduces the risk of complaints.

Train Managers

Managers should understand both:

• The legal requirements.
• How to have constructive conversations about flexible working.

Poorly handled requests often lead to employee relations issues and possibly legal problems depending on the circumstances.

Avoid Assumptions

Requests should never be assessed based on assumptions such as:

• Home workers are less productive.
• Parents need flexibility more than others.
• Full-time office attendance is always necessary.

We recommend an open-minded approach is taken and each request should be considered individually.

Changes to terms of employment

If a flexible working requests is accepted, then this usually results in a permanent change to the employee’s terms and conditions. Employers and employees may instead agree to a temporary arrangement or trial period if that better suits the circumstances before making any permanent arrangements.

Practical Tips for Employees

When making a request:

• Be clear about what you want and try and give some context for the request if you can.
• Explain how the arrangement could work (even though this is no longer legally required).
• Be open to discussing alternatives.
• Consider whether a trial period might help.

Approaching the discussion with an open mind often increases the likelihood of reaching an agreement.

Discrimination Risks

Flexible working requests can sometimes give rise to discrimination claims.

For example:

• A woman refused flexible hours to manage childcare responsibilities may have a claim for indirect sex discrimination.
• A disabled employee may require flexible working as a reasonable adjustment under the Equality Act 2010.
• Refusing flexibility for reasons connected with religion or age may also create legal risks depending on the circumstances.

Employers should therefore look beyond the statutory flexible working procedure and consider whether equality legislation is engaged. If you are unsure or concerned about your obligations in relation to avoiding discrimination, please do feel free to get in touch.

Common Mistakes Employers Make

Some of the most common errors include:

• Rejecting requests without consultation.
• Missing the two-month deadline.
• Failing to properly consider alternatives.
• Giving vague or unsupported reasons for refusal.
• Treating similar requests inconsistently.

These mistakes can undermine employee trust and increase the likelihood of grievances or tribunal claims.

Final Thoughts

Flexible working is increasingly recognised as a key factor in attracting and retaining talent, improving wellbeing, and supporting productivity and a better work-life balance.

For employers, handling requests fairly, consistently, and in accordance with the law can reduce legal risk while strengthening employee engagement. For employees, understanding the process and approaching discussions constructively can improve the chances of reaching an arrangement that works for everyone.

Ultimately, successful flexible working is built on open communication, careful consideration, and a willingness on both sides to explore practical solutions.

If you would like any support or assistance with Flexible Working Requests, Training Managers on how to deal with Flexible Working Requests, and creating policies and procedures for you.

Please do not hesitate to get in touch for your free no obligation quote and/or telephone call – 01983 897003.