Flexible working has become a common element of employment in recent year, offering employees greater work-life balance while helping employers retain good workers and increase productivity.
However, managing flexible working arrangements effectively requires an understanding of legal rights and responsibilities.
We help businesses and employees navigate flexible working regulations in the UK. Below, we answer some frequently asked questions about flexible working rights, applications, and employer obligations.
- So, first things first, what is Flexible Working?
Flexible working refers to any arrangement that alters traditional working patterns to accommodate employees’ needs. This can include:
- Remote or hybrid working – Working from home part-time or full-time.
- Flexible hours – Adjusted start and finish times.
- Compressed hours – Working the same total hours over fewer days.
- Part-time work – Fewer hours per week than a full-time role.
- Job sharing – Two people sharing one full-time job.
- Who is eligible to request Flexible Working?
From 6 April 2024, all employees in the UK have the legal right to request flexible working from day one of employment. Previously, employees needed 26 weeks of continuous service.
- How do employees request Flexible Working?
Employees must submit a formal written request, which should include:
- The type of flexible working requested
- How it may impact their role and the business
- A proposed start date for the arrangement
Employers must respond within two months (reduced from three months under new rules).
- Can an employer refuse a Flexible Working request?
Yes, but only for valid business reasons, such as:
- Additional costs that the business cannot afford
- A negative impact on service quality or performance
- Difficulty in reorganising work among existing staff
- A detrimental effect on meeting customer demand
If a request is refused, the employer must provide clear reasons and discuss possible alternatives.
- Can an employee appeal a refusal?
Yes. Employees can appeal internally, requesting reconsideration. Raise a formal grievance if they believe the refusal was unfair. And take the case to an Employment Tribunal if the refusal breaches Employment Laws.
- What are the benefits of Flexible Working for employers?
A well-managed flexible working policy can:
- Improve staff retention and job satisfaction
- Reduce absenteeism and commuting costs
- Increase productivity and efficiency
- Promote workplace inclusivity and diversity
- How can employers manage Flexible Working requests effectively?
Make sure you have a clear policy and outline how requests should be submitted and assessed.
Consider trial periods – test arrangements before making permanent decisions.
Communicate openly – discuss potential compromises and alternatives.
Always ensure fairness – treat all requests consistently to avoid discrimination claims.
Contact us for further advice
Whether you are an employer implementing a flexible working policy or an employee seeking advice on your rights, we can help you. Our employment law team can provide clear guidance to protect your interests.
