Flexible working has become an increasingly important feature of modern employment. Many employees seek changes to their working patterns in order to balance professional responsibilities with family life, health needs, or other commitments. UK employment law provides a statutory framework allowing employees to request flexible working arrangements, while requiring employers to handle those requests in a fair and reasonable manner.

For organisations operating in England and Wales, understanding how to implement flexible working requests legally is essential. Failure to follow the correct procedures can lead to employment tribunal claims, allegations of discrimination, and potential compensation awards. This guide explains the legal framework governing flexible working requests, the responsibilities placed on employers, and the practical steps organisations should take to comply with the law.

Introduction to Flexible Working Rights

Flexible working refers to arrangements that change how, when, or where employees work. This may include adjustments to working hours, working patterns, or the location where work is carried out.

Examples of flexible working arrangements include:

• Part-time work
• Homeworking or hybrid working
• Flexible start and finish times (flexitime)
• Compressed hours
• Job sharing
• Annualised hours
• Term-time working

UK law does not automatically grant a right to flexible working itself, but it does give employees a statutory right to request flexible working arrangements. Employers must consider such requests carefully and follow a prescribed procedure when making decisions.

The legal framework for these rights is contained primarily within the Employment Rights Act 1996, as amended by later legislation including the Employment Relations (Flexible Working) Act 2023 and related regulations.

Who Has the Right to Request Flexible Working?

Since 6 April 2024, the law provides a day-one right for employees to request flexible working. This means employees no longer need a qualifying period of service before making a request.

The statutory right applies to individuals who have legal status as employees. It generally does not apply to:

• Agency workers
• Casual workers
• Some zero-hours workers without employee status

Employees may make two statutory flexible working requests within any 12-month period, provided they do not already have an active request being considered.

The Legal Procedure for Flexible Working Requests

The statutory process for flexible working requests is governed by legislation and supported by the Acas Code of Practice on Flexible Working Requests. Employment tribunals may consider whether employers have followed this guidance when determining disputes.

Submitting a Request

A statutory request for flexible working must normally be made in writing and should include:

• The date of the request
• The change requested to working hours, times, or location
• The proposed start date for the change
• Confirmation of any previous flexible working requests made in the past 12 months

Once a request has been submitted, the employer must begin the process of reviewing and considering it.

Employer Consultation

Employers must consult the employee before rejecting a request, unless the request is accepted in full.

Consultation typically involves:

• Arranging a meeting to discuss the request
• Considering how the change might affect the business
• Exploring alternative arrangements where appropriate

The purpose of consultation is to allow open discussion rather than an immediate rejection.

Time Limit for Decisions

Employers must provide a final decision within two months of receiving the request, including any appeal process, unless both parties agree to extend the timeframe.

This statutory time limit is designed to ensure requests are handled efficiently and fairly.

Accepting Flexible Working Requests

If an employer agrees to a request, the change usually becomes a permanent change to the employee's contract of employment unless a temporary arrangement is specifically agreed.

Employers should:

• Confirm the arrangement in writing
• Update the employment contract where necessary
• Record any agreed trial period if one has been arranged

Clear documentation helps prevent disputes about working arrangements later.

Lawful Reasons for Rejecting a Request

Employers are not required to approve every request. However, a refusal must be based on one or more specific statutory business reasons set out in the Employment Rights Act.

These permitted reasons include:

• The burden of additional costs
• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Detrimental effect on the ability to meet customer demand
• Insufficient work during the periods proposed
• Planned structural changes to the business

Employers should clearly explain the reasons for refusal and demonstrate that they considered the request properly.

The Importance of Handling Requests Reasonably

Employers must handle flexible working requests in a reasonable manner. This typically involves:

• Assessing the request objectively
• Considering business needs and operational impacts
• Exploring possible compromises or alternative arrangements
• Communicating decisions clearly and promptly

Failure to handle requests reasonably may lead to legal claims, even if the employer had valid business reasons for refusing the request.

Appeals and Internal Review Processes

Employees should normally be given the opportunity to appeal a refusal.

An appeal process allows the employee to:

• Challenge the decision
• Present additional information
• Suggest alternative arrangements

Employers should ensure the appeal is reviewed by someone not previously involved in the decision where possible.

Protection Against Unfair Treatment

Employees are protected from dismissal or detrimental treatment because they made or intended to make a flexible working request.

Examples of unlawful detriment may include:

• Being overlooked for promotion
• Unfair disciplinary action
• Reduced opportunities or training
• Harassment or bullying linked to the request

These protections help ensure employees can exercise their statutory rights without fear of retaliation.

Flexible Working and Discrimination Law

Flexible working requests frequently intersect with Equality Act 2010 protections.

Employers should take particular care where requests relate to:

• Childcare responsibilities
• Pregnancy or maternity
• Disability
• Religious observance

For example, refusing a flexible working request from a disabled employee could potentially amount to discrimination if the request relates to a reasonable adjustment.

Similarly, refusing requests related to childcare arrangements may raise issues of indirect sex discrimination, as childcare responsibilities disproportionately affect women.

Employment Tribunal Claims and Compensation

If employers fail to follow the statutory procedure correctly, employees may bring claims in an employment tribunal.

Tribunal claims may arise where employers:

• Fail to consider a request reasonably
• Reject a request for reasons not permitted by law
• Fail to meet the statutory decision deadline
• Subject the employee to detriment for making a request

Tribunals may award compensation of up to eight weeks' pay for breaches of the flexible working regulations.

In addition, discrimination claims connected to flexible working disputes can result in significantly higher compensation awards.

Time Limits for Legal Claims

Strict time limits apply to employment tribunal claims.

In most cases, claims must be filed within three months less one day from the act complained of, such as the date of refusal or detrimental treatment.

Before filing a claim, employees must usually participate in Acas Early Conciliation, which aims to resolve disputes without formal litigation.

Practical Steps for Employers Implementing Flexible Working Requests

Organisations can reduce legal risk by adopting structured procedures for managing flexible working requests.

Practical steps include:

1. Creating a clear flexible working policy.
2. Training managers on legal obligations and procedures.
3. Encouraging open discussions with employees.
4. Assessing requests objectively and consistently.
5. Keeping written records of decisions and reasons.
6. Offering trial arrangements where appropriate.
7. Reviewing requests in line with Acas guidance.

A transparent and well-documented process helps demonstrate that requests have been handled fairly and lawfully.

Common Questions About Flexible Working Requests

Can employers require staff to return to full-time office work?

Employers can set workplace policies, but employees retain the right to submit a statutory flexible working request if they wish to work differently.

Can flexible working arrangements be temporary?

Yes. Employers and employees can agree temporary or trial arrangements before confirming a permanent contractual change.

Does flexible working mean working from home?

Not necessarily. Flexible working covers many arrangements involving changes to hours, schedules or work locations.

Can employers reject requests simply because they prefer traditional working patterns?

No. Refusals must rely on one of the statutory business reasons recognised by law.

Summary

Flexible working requests are an important part of modern employment law in England and Wales. Employees now have a day-one statutory right to request flexible working, and employers must handle these requests in a fair and reasonable manner.

Organisations must follow the correct legal process, consult employees before refusing requests, and provide decisions within two months. Refusals must rely on recognised business reasons and must not discriminate against employees.

Failure to comply with these legal requirements can lead to employment tribunal claims, compensation awards and reputational damage. By implementing clear procedures, consulting employees properly and documenting decisions, employers can manage flexible working requests lawfully while maintaining effective business operations.