Flexible working requests have become a regular part of employment management across the UK. Employees increasingly want working patterns that fit around childcare, health needs, commuting or other responsibilities.
For employers, handling flexible working requests correctly is both a legal requirement and an important part of workforce retention. Clear processes help businesses manage requests fairly while protecting operational needs.
This guide explains the current rules around flexible working requests, the process employers should follow and how to reduce legal risk.
Flexible working refers to arrangements that change how, when or where an employee works.
Common examples include:
These arrangements allow employees to structure work around personal responsibilities while maintaining productivity.
Flexible working is now widely expected in many sectors and often plays a role in recruitment and employee retention.
UK employment law gives employees the right to request flexible working, but it does not create an automatic right to receive it.
Since April 2024, several changes have strengthened the statutory process.
Key rules include:
If a request is approved, the change usually becomes a permanent variation to the employment contract unless both sides agree that it will be temporary.
Temporary arrangements should always be confirmed in writing to avoid confusion later.
The updated ACAS Code of Practice (2024) also outlines how employers should manage requests fairly. Employment tribunals may consider this guidance if disputes arise.
Flexible working can take many forms depending on the nature of the role and the needs of the organisation.
Some of the most common arrangements include:
Employees split their time between home and the workplace.
Employees adjust their start and finish times while completing the required working hours.
Full-time hours are worked across fewer days, such as four longer days instead of five.
Employees reduce their weekly hours permanently.
Two employees share the responsibilities of one full-time role.
Not every arrangement will suit every business. Employers must balance flexibility with operational requirements.
Handling flexible working requests requires a structured process.
Employers should begin by reviewing the request promptly and arranging a discussion with the employee if needed.
Good practice usually includes the following steps:
Hold a meeting with the employee to understand the proposed arrangement and how it may affect the team.
Consider both the benefits and the operational implications before reaching a decision.
Employers must consult with the employee before rejecting a request. This step is now part of the legal process.
The outcome should be confirmed in writing, including the reasoning if the request is refused.
The full process, including any appeal, must be completed within the statutory timeframe.
Allowing employees to bring a colleague or trade union representative to meetings can also help maintain transparency.
Employers can only refuse flexible working requests for specific business reasons set out in employment law.
These include:
Employers should carefully document their reasoning if a request is refused.
Handling flexible working requests incorrectly can lead to employment tribunal claims.
Refusals can sometimes lead to discrimination claims if certain groups are affected more than others.
Flexible working requests linked to childcare responsibilities are particularly sensitive.
Women are statistically more likely to have primary childcare responsibilities. Refusing a request without strong justification could therefore create a risk of indirect sex discrimination.
Similar risks may arise in relation to:
Employers should always consider whether adjustments or alternatives could work before rejecting a request.
Flexible working requests frequently arise when employees return from maternity leave.
These requests must be handled carefully because they often relate to childcare responsibilities.
Employers must still follow the full statutory process. Any refusal must rely on one of the permitted business reasons.
Employment tribunal decisions have shown that refusing requests without proper justification can lead to discrimination findings.
A collaborative approach is usually the safest option. Trial periods, alternative patterns or gradual changes may help both the employee and employer reach a workable arrangement.
Many disputes arise not because requests are refused, but because employees feel their request was not considered fairly.
Employers can reduce risk by following consistent procedures.
Good practice includes:
Documenting the reasoning behind decisions also creates a clear audit trail if a dispute arises later.
Employment law reforms are expected to continue over the coming years.
The proposed Employment Rights Bill, expected to take effect between 2025 and 2027, may introduce stricter requirements when employers refuse flexible working requests.
Current proposals suggest that employers will need to show that a refusal is not only lawful but also reasonable.
Tribunals may review whether the employer’s decision was genuinely justified, rather than simply checking that the correct procedure was followed.
This could lead to:
Flexible working is increasingly seen as a normal part of employment rather than an exception.
Flexible working requests are now a routine part of employment management in the UK. With employees able to request flexibility from the first day of employment, employers need clear policies and consistent processes.
A structured approach helps organisations balance operational needs with employee expectations while reducing the risk of disputes.
Clear communication, proper consultation and well-documented decisions remain the most effective way to manage flexible working requests successfully.