Flexible working has gone from being a workplace perk to a legal right that every employer must take seriously. Since April 2024, employees in the UK can request flexible working from their first day of employment, and the rules around how employers must respond have been significantly tightened.
Whether you have already received requests under the new rules or are preparing for them, this guide explains what the law requires, how to handle requests fairly, and what further changes are on the horizon.
What changed in April 2024
The Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024 and introduced several important changes.
Day-one right. Previously, employees needed 26 weeks of continuous service before making a statutory flexible working request. That qualifying period has been removed.
Two requests per year. Employees can now make two statutory requests in any 12-month period, up from one.
Faster response time. Employers must respond within two months of receiving a request (previously three months). This includes any appeal process.
Duty to consult. Before refusing a request, the employer must consult with the employee. Simply issuing a refusal letter without a conversation is no longer sufficient.
No requirement to explain impact. Employees no longer need to explain what effect the change would have on the employer or how it could be managed. They simply need to state the change they want and confirm it is a statutory request.
Types of flexible working
Flexible working covers a much broader range of arrangements than just working from home:
- Part-time working. Reducing total hours, for example moving from five days to four.
- Compressed hours. Working the same total hours over fewer days.
- Flexitime. Flexibility over start and finish times, often with a core period when the employee must be available.
- Hybrid or remote working. Splitting time between the workplace and home. Our guide to remote and hybrid working policies covers the practical considerations in detail.
- Job sharing. Two people sharing the responsibilities of one full-time role.
- Staggered hours. Different start and finish times from other employees.
- Term-time working. Working only during school term times.
- Annualised hours. Working a set number of hours over the year with flexibility over when those hours are worked.
How to handle a request
When you receive a statutory flexible working request, follow this process.
Acknowledge the request. Confirm receipt in writing promptly. Note the date you received it, as this starts the two-month clock.
Consider the request properly. Assess the impact on workload, team coverage, customer service, quality, and cost. Do not dismiss it instinctively. Consider whether you could accommodate the request in full, or whether a modified version or trial period would work.
Consult with the employee. This is now a legal requirement. Arrange a meeting to discuss the request before you make your decision. Explore the employee's reasons, discuss any practical concerns, and consider compromises.
Make your decision. Either approve the request, propose a modified arrangement (with the employee's agreement), or refuse on one or more of the eight statutory grounds. Communicate the decision in writing within two months.
Allow an appeal if refusing. While there is no statutory right of appeal, best practice includes an appeal stage. If you include one, it must fit within the two-month window.
The eight statutory grounds for refusal
An employer can only refuse a request on one or more of these grounds:
- The burden of additional costs.
- An inability to reorganise work among existing staff.
- An inability to recruit additional staff.
- A detrimental impact on quality.
- A detrimental impact on performance.
- A detrimental effect on ability to meet customer demand.
- Insufficient work during the periods the employee proposes to work.
- Planned structural changes.
These grounds are broadly drafted, but you must be able to explain why the specific ground applies to this specific request. Vague or generic refusals are vulnerable to challenge.
Avoiding discrimination claims
Flexible working requests often overlap with discrimination law. If an employee requests flexible working because of a disability, childcare responsibilities (which disproportionately affect women), or reasons connected to a protected characteristic, refusing without proper justification could give rise to an indirect discrimination claim.
For example, a blanket refusal to allow part-time working could disproportionately disadvantage women and amount to indirect sex discrimination unless you can objectively justify the requirement for full-time working.
What is changing under the Employment Rights Act 2025
The Employment Rights Act 2025 introduces further changes, though the implementation date has not yet been confirmed. The key change is that employers will need to explain why the statutory ground for refusal applies to the specific request, not just state which ground they are relying on.
A refusal letter that says "we are refusing on the grounds of detrimental impact on quality" without explaining how quality would be affected will no longer be sufficient. Employers will need to demonstrate genuine consideration and provide evidence-based reasons. Start building the habit of documenting your reasoning now.
Building a fair flexible working culture
- Have a clear flexible working policy in your employee handbook.
- Train managers to handle requests consistently. Inconsistency is one of the biggest sources of grievances.
- Consider each request on its merits. Refusing a similar request from someone else does not automatically justify refusing this one.
- Use trial periods where you are unsure. A three-month trial with a review gives both sides confidence.
- Update employment contracts when a request is approved. The change to terms should be confirmed in writing.
- Keep records of all requests, consultations, decisions, and reasoning.
- Be proactive. If your business can accommodate flexible working, say so in job adverts and during onboarding.
Common questions from employers
Can I refuse during the probationary period? Yes, but you must still follow the statutory process and rely on a genuine ground for refusal.
What if two employees make conflicting requests? Consider each on its merits. If you cannot accommodate both, make a fair decision based on business need and document your reasoning.
Can I withdraw approval later? If you agreed to a permanent change, it becomes a contractual term and cannot be reversed without the employee's consent. This is why trial periods are valuable.
What if the request is made verbally? A statutory request should be in writing and state that it is made under section 80F of the Employment Rights Act 1996. If an employee raises flexible working informally, invite them to put it in writing.
How Rebox HR can help
Flexible working requests can be straightforward or complicated, particularly when discrimination law, team dynamics, or operational constraints are involved. We help employers handle requests correctly and consistently.
Whether you need a flexible working policy drafted, want to train your managers on the new rules, or have a specific request you need advice on, our team can help. Our retained HR support clients contact us whenever a request comes in, and we guide them through the process from start to finish. For one-off advice, our ad-hoc HR services are available without a long-term commitment.
Book a free consultation to discuss how we can support your business, or call us on 01327 640070.
