Flexible working became a buzzword during the pandemic, but making a flexible working request is still a legal right for employees, and employers and HR teams must manage these requests fairly and consistently in accordance with flexible working legislation.
This blog provides a best practice guide to flexible working arrangements in the UK. It explains who can make a flexible working request, how requests should be handled and the obligations placed on employers to help avoid legal risks.
Who Can Request Flexible Working?
All employees have a statutory right to submit a flexible working request from day one of employment. Requests can take the form of a change in working hours, times or location such as hybrid working, part-time or compressed hours. Employees can make two statutory requests in any 12-month period under current flexible working legislation.
Making and Handling a Flexible Working Request
Organisations must ensure policies and procedures for making and handling a flexible working request are complaint and align with the Acas Code of Practice.
Employees must submit a written request that:
- States it is a statutory flexible working request
- Includes the requested change and proposed start date
- Shows the date of the flexible working request and any previous requests
Once a flexible working request is received, employers must:
- Consult with the employee before making a decision unless the request is accepted in full
- Handle the flexible working request in a reasonable manner, considering the impact for both the employee and organisation
- Communicate the decision within 2 months of receiving the flexible working request, including decision on appeal (can be longer if mutually agreed with the employee)
- Provide an acceptable reason for refusal (see below)
Acceptable Reasons to Refuse a Flexible Working Request
Although employers are not obliged to grant every flexible working request, they can only refuse based on one or more of the eight business reasons set out in flexible working legislation. These are the legally recognised reasons to refuse a flexible working request: ย ย
- Burden of additional costs
- Detrimental impact on performance or quality
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Insufficient work during proposed times
- Planned, structural changes
Although there is no statutory right for an employee to appeal a refused flexible working request, the Acas Code of Practice states that it is best practice for employers to offer an appeal and it is essential for handling a flexible working request in a reasonable manner.
Legal Risks for Employers
Under the Equality Act 2010, employers must ensure any refusal decisions do not result in indirect discrimination against employees with protected characteristics (e.g. disability, sex, age). For example, refusal of reasonable adjustments could lead to claims of disability discrimination.
Failure to provide an acceptable reason for refusal of a flexible working request or failing to follow a fair process, may leave employers open to grievances and claims of unfair dismissal in the Employment Tribunal.
In addition, under changes introduced by the Employment Rights Act 2025, employers will only be able to refuse a request where it is reasonable for them to do so. Where an employee brings a claim in respect of an employerโs refusal, it will be for the Tribunal to decide whether such refusal was reasonable. These changes are likely to come into force in April or October 2027.
Best Practice to Mitigate Risks
To mitigate legal risks mentioned above, employers must:
- Implement a clear flexible working policy aligned with the Acas Code of Practice and flexible working legislation
- Ensure managers are equipped to handle flexible working requests consistently and fairly
- Communicate decisions in a meaningful manner, considering alternatives and/or compromises, outlining acceptable reasons for refusal.
- Document every step of the process to provide evidence if a claim is made
A clear, transparent approach on handling a flexible working request will help employers remain compliant while balancing business needs with employee flexibility.
External Support
For bespoke advice, support drafting policies or training managers on handling flexible working requests, our team are hand on to help you navigate this area of employment law. Contact EML on 01942 727200 or email enquiries@employeemanagement.co.uk to find out how we can help.
