Flexible working is no longer just a “nice-to-have” — it’s fast becoming an expected part of modern employment. As more employees look for greater balance between their work and personal lives, employers need to be clear on their legal duties when handling flexible working requests.
Whether it’s a request to work from home, compress working hours, or adjust start and finish times, here’s what you need to know as an employer when a request lands on your desk.
Who Can Make a Flexible Working Request?
As of April 2024, all employees have the right to request flexible working from day one of employment — the previous 26-week qualifying period has been removed. This change forms part of wider legislative efforts to promote work-life balance and inclusivity in the workplace.
Employer Duties: Step-by-Step
1. Take the Request Seriously
You are legally required to give any request for flexible working reasonable consideration. It’s not something that can be ignored, delayed, or dismissed without thought.
2. Respond Promptly
- Employers must respond to a request within 2 months, including any appeal process.
- The process should be handled fairly, transparently, and without unreasonable delay.
You may wish to arrange a meeting with the employee to discuss the request and explore what might work for both parties, although meetings are not mandatory under the new rules.
3. Assess the Business Impact
You must consider whether the proposed working arrangement would have a negative effect on business operations. There are eight legitimate business grounds on which you can refuse a request, including:
- extra costs that will damage the business
- the work cannot be reorganised among other staff
- people cannot be recruited to do the work
- flexible working will affect quality
- flexible working will affect performance
- the business will not be able to meet customer demand
- there’s a lack of work to do during the proposed working times
- the business is planning changes to the workforce
Each case must be considered on its own merits, with evidence-based reasoning if a refusal is made.
4. Communicate the Outcome in Writing
Whether the request is approved, modified, or refused, you must communicate your decision in writing. If refusing, you should clearly set out the reason(s) and explain any alternative arrangements that were considered.
5. Only One Request Every 12 Months — No Longer the Case
Previously, employees could only make one request per 12-month period. This limit has now been removed — so employees can make two statutory requests in any 12-month period, giving more flexibility and responsiveness to life changes.
Best Practice Tips for Employers
- Keep a Written Policy – Ensure your flexible working policy is up to date and reflects the most recent legal changes.
- Train Line Managers – Equip managers to deal with requests confidently and consistently.
- Focus on Dialogue, Not Just Process – Explore creative solutions that benefit both the employee and the business.
- Document Everything – Maintain clear records of all discussions, decisions, and reasoning in case of any future disputes.
Need Help Navigating a Request?
As your HR partner, we’re here to support you every step of the way. Whether it’s drafting a flexible working policy, managing individual requests, or handling appeals, we’ll ensure you remain compliant and fair throughout the process.
Get in touch if you’d like guidance on handling a current request or updating your internal policies in line with the latest legislation.