Managing Flexible Working Requests: A Step-by-Step Guide
UK employers face day-one flexible work requests now—turn a HR challenge into retention opportunity!
• public
Post-Legislative Changes in the UK
Flexible working in the UK has undergone significant transformation following recent legislative updates. At its core, flexible working encompasses various arrangements that allow employees to adjust when, where, and how they work – including part-time hours, compressed weeks, job sharing, remote work, and flexitime scheduling. The Employment Relations (Flexible Working) Act 2023 has fundamentally changed the landscape by introducing the "day-one right" to request flexible working, meaning every employee can now make their first request from day one of employmentrather than waiting the previously required 26 weeks.
This shift represents a major change for employers who must now prepare for increased request volumes while adapting to shorter response timeframes. Small businesses, educational institutions, healthcare providers, and organizations across all sectors are now navigating these new requirements alongside their operational needs.
Why does this matter to your organization? Because handling these requests properly not only ensures legal compliance but can significantly impact employee satisfaction, retention, and productivity.
Throughout this guide, we will provide you with practical, actionable advice to help you navigate these legislative changes confidently. As employment law specialists, we've helped numerous UK businesses implement efficient flexible working practices that balance legal requirements with business needs.
The Shifting Landscape: Understanding UK Flexible Working Legislation
The evolution of flexible working rights in the UK:
- Initially introduced for parents and carers in 2003
- Expanded to all employees with 26 weeks of continuous service by 2014
- Employment Relations (Flexible Working) Act 2023 introduced day-one rights
- Flexible Working (Amendment) Regulations 2023 further revised the framework
The cornerstone of these changes is the introduction of the "day-one right" to request flexible working. This removes the previous 26-week qualifying period, allowing all employees to submit requests immediately upon starting employment. Additionally, employees can now make two separate requests within any 12-month period instead of just one, giving them more opportunities to adjust their working arrangements as personal circumstances change.
The statutory timeline has also been compressed significantly. Employers now have just two months to make a final decision on requests (reduced from three months), unless an extension is agreed upon with the employee. This accelerated timeline demands that businesses develop more efficient evaluation processes.
Have you updated your company policies to reflect these important changes?
"The shift to day-one flexible working rights represents one of the most significant changes to employment rights in recent years. Organizations that adapt quickly will gain a competitive advantage in recruitment and retention." - Peter Cheese, CEO of the Chartered Institute of Personnel and Development (CIPD)
ACAS has published comprehensive guidance to help employers navigate this new terrain, emphasizing the importance of fair consideration and clear communication throughout the process. Their Code of Practice provides valuable insights into handling requests in a reasonable manner – a legal requirement that carries significant weight should disputes arise.
Navigating the Request: A Step-by-Step Guide for Employers
When an employee submits a flexible working request, following a clear, systematic process is essential for legal compliance and fair treatment. Begin by acknowledging receipt of the request promptly – this demonstrates respect for your employee and sets a positive tone for the process. The request must be in writing and include specific information about the desired change and its potential impact.
The flexible working request process:
- Acknowledge receipt promptly
- Arrange a meeting within the two-month decision period
- Allow the employee to bring a companion if desired
- Evaluate the request against business needs
- Provide a written response with clear reasoning
- Offer and manage an appeal process if necessary
Within the two-month decision period, you should arrange a meeting with the employee to discuss their request in detail. This meeting provides an opportunity to understand their needs better and explore possible solutions. Allow the employee to bring a workplace companion if they wish – typically a colleague or trade union representative. Take detailed notes during this meeting as they'll be valuable for your decision-making process and any potential future disputes.
After the meeting, carefully evaluate the request against your business needs and operational requirements. Consider whether the proposed arrangement could work with modifications if the original request isn't feasible. Document your thought process thoroughly, showing that you've given genuine consideration to the request rather than making a snap judgment.
What specific impact would this arrangement have on your team's workflow and productivity?
Your written response to the employee must clearly communicate your decision, whether it's acceptance, a modified arrangement, or refusal. If refusing, you must cite one or more of the eight statutory business reasons (which we'll cover in the next section) and explain precisely why these reasons apply in this specific case. Vague explanations or generic reasons are insufficient and could lead to legal challenges.
The employee has the right to appeal your decision, and you should establish a fair appeal process that's handled by someone not involved in the initial decision. This two-layer approach demonstrates fairness and thoroughness in your handling of requests.
Permitted Grounds for Refusal and Avoiding Pitfalls
The legislation provides eight specific grounds on which employers can legally refuse a flexible working request. Understanding these grounds thoroughly is essential for compliant decision-making.
Valid statutory reasons for refusal include:
- The burden of additional costs that would negatively impact the business
- Detrimental effect on ability to meet customer demand
- Inability to reorganize work among existing staff
- Inability to recruit additional staff to cover the arrangement
- Detrimental impact on quality or performance
- Detrimental impact on business performance
- Insufficient work during the periods the employee proposes to work
- Planned structural changes to the business
The burden of additional costs that would negatively impact the business. This requires specific financial evidence rather than general statements about expense. For example, you would need to demonstrate that hiring additional staff to cover changed hours would create unsustainable costs for your operation.
Detrimental effect on ability to meet customer demand. If the proposed arrangement would leave critical customer-facing periods understaffed, this could constitute valid grounds. A retail business might reasonably refuse a request to avoid weekend work if weekends represent peak customer times.
Inability to reorganize work among existing staff. This applies when you cannot reasonably redistribute responsibilities to accommodate the request. Small businesses with specialized roles often face this challenge as there may be no other employees with the necessary skills to cover certain tasks.
Inability to recruit additional staff to cover the arrangement. If you've made genuine attempts to find staff to support the flexible arrangement but been unsuccessful, this can justify refusal. Document your recruitment efforts as evidence.
Is there truly no way to adapt your operations to accommodate this request?
"When refusing flexible working requests, employers must provide concrete, specific reasons rather than general assertions. Tribunals increasingly expect to see evidence that alternatives were genuinely considered." - Sarah Jackson OBE, workplace flexibility expert and former CEO of Working Families
Detrimental impact on quality or performance. If the arrangement would measurably reduce product quality or service standards, this constitutes valid grounds. However, you must provide specific evidence rather than assumptions.
Detrimental impact on business performance. Similar to quality concerns, you must demonstrate concrete ways in which the arrangement would harm business outcomes.
Insufficient work during the periods the employee proposes to work. This applies when the requested hours don't align with when work is available.
Planned structural changes to the business. If you have documented plans for organizational changes that would make the requested arrangement unworkable, this can justify refusal.
A common pitfall is failing to consider the potential for discrimination when refusing requests. The Equality Act 2010 protects employees from indirect discrimination, which can occur if your refusal disproportionately affects people with protected characteristics. For example, refusing flexible arrangements that would help parents or caregivers (who are statistically more likely to be women) could potentially constitute indirect sex discrimination unless you can show objective justification.
Another frequent mistake is inadequate documentation of your decision-making process. Employment tribunals expect to see evidence that you've thoroughly considered alternatives and applied the statutory grounds appropriately. We recommends maintaining detailed records of all flexible working discussions, including notes from meetings, correspondence, and the specific business analysis that informed your decision.
Rushed decisions often lead to legal challenges. Taking time to properly evaluate each request against the statutory grounds and document your reasoning is a worthwhile investment that protects your business from potential tribunal claims.
Implementing and Managing Flexible Working Arrangements
Once you've approved a flexible working request, proper implementation ensures the arrangement succeeds for both the employee and the business. Start by documenting the agreed terms through a formal contract variation letter. This should clearly outline the new working pattern, any changes to terms and conditions, and whether the arrangement is permanent or subject to review after a trial period.
The documentation should include specific details about working hours, location, reporting structures, and performance expectations. This clarity prevents misunderstandings and provides a reference point if questions arise later.
Effective communication is crucial when implementing flexible arrangements. Schedule a team meeting to discuss how the new arrangement will function and address any concerns proactively. This helps prevent potential resentment or misunderstandings among colleagues.
Communication Challenge | Recommended Solution | Benefits |
|---|---|---|
Different working hours | Establish core hours for meetings | Ensures all team members can participate in key discussions |
Remote collaboration | Implement project management tools | Enables asynchronous work tracking and updates |
Information sharing | Use cloud-based document storage | Provides equal access regardless of working patterns |
Team cohesion | Schedule regular virtual team events | Maintains relationships across different working arrangements |
How will you maintain consistent communication with team members working different schedules?
Establish clear channels and protocols for communication that accommodate different working patterns. This might include core hours when everyone is available for meetings, regular update emails, or project management tools that enable asynchronous collaboration. Regular check-ins with the employee can help identify and resolve any issues early.
Managers often need additional training to effectively supervise flex teams. This training should focus on managing by outcomes rather than presence, using objective performance metrics, and maintaining team cohesion across different working patterns.
Technology plays a vital role in supporting flexible arrangements. Invest in appropriate tools for remote collaboration, time tracking, and project management. Ensure all team members have equal access to information and resources regardless of when or where they work.
A comprehensive flexible working policy should outline:
- The application process with required information
- Evaluation criteria aligned with statutory grounds
- Implementation procedures and documentation requirements
- Review mechanisms and timeframes
- Communication expectations for all parties
Plan for regular reviews of flexible arrangements to assess their effectiveness. Set clear review dates and criteria for evaluation, considering both business impact and employee satisfaction. These reviews provide opportunities to make adjustments if needed while demonstrating your commitment to making the arrangement work.
Conclusion
Managing flexible working requests effectively in this new legislative environment requires a balanced approach that combines legal compliance with practical business considerations. The shift to day-one rights and shortened response timeframes means employers must develop streamlined, fair processes for handling requests promptly.
Organizations that adapt successfully to these changes often discover benefits beyond mere compliance. Research consistently shows that well-implemented flexible working arrangements can boost employee satisfaction, reduce turnover, decrease absenteeism, and even enhance productivity. Rather than viewing these legislative changes as a burden, forward-thinking employers are leveraging them as an opportunity to create more dynamic, resilient workplaces.
The key to success lies in developing clear procedures, documenting decisions thoroughly, and maintaining open communication throughout the process. By understanding the specific statutory grounds for refusal and applying them appropriately, you can make decisions that stand up to scrutiny while supporting your business objectives.
"Organizations that view flexible working as a strategic advantage rather than a compliance burden typically see stronger engagement, better retention, and improved performance outcomes. The legislative changes simply accelerate what progressive employers were already implementing." - Claire McCartney, Senior Policy Adviser at the CIPD
As flexible working continues to evolve in the UK workplace, organizations that establish robust, fair systems now will be well-positioned to adapt to future changes while attracting and retaining top talent in an increasingly flexible employment landscape.
FAQs
What is the "day-one right" to flexible working?
The "day-one right" is a significant change introduced by the Employment Relations Act that allows all employees to request flexible working arrangements from their first day of employment. Previously, employees needed to complete 26 weeks of continuous service before being eligible to make such requests. This change means new employees can immediately request adjustments to their working hours, schedule, or location without waiting for a qualifying period. Employers must consider these requests in the same reasonable manner as they would for longer-serving employees, evaluating them against specific business grounds rather than dismissing them based on length of service.
How quickly do employers need to respond to a flexible working request now?
Under the new legislation, employers must complete the entire decision-making process within two months from the date they receive the request, reduced from the previous three-month timeframe. This period includes acknowledging the request, holding discussions with the employee, making a decision, and communicating it in writing. The only exception is if you and the employee mutually agree to extend this period, which should be documented in writing. This compressed timeline means employers need efficient systems for evaluating and responding to requests. We recommend developing a standardized process that ensures thorough consideration while meeting these tighter deadlines.
What are the valid reasons an employer can refuse a flexible working request?
Employers can legally refuse flexible working requests only if one or more of the eight statutory business reasons apply. These include: the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganize work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the proposed working times; and planned structural changes. When refusing a request, you must specifically identify which of these reasons applies and provide clear, factual evidence explaining how the requested arrangement would impact your business in these ways. Generic or unsupported reasons can lead to challenges and potential tribunal claims.
Can an employee make more than one flexible working request in a year?
Yes, under the new legislation, employees can now make up to two formal flexible working requests in any 12-month period. This is double the previous allowance of one request per year. This change recognizes that employees' circumstances may change multiple times within a year, requiring different working arrangements. Each request must be considered separately and on its own merits, following the same process and applying the same statutory criteria. Employers should track requests to ensure they're properly managing this limit while giving each request fair consideration regardless of whether it's the first or second within the year.
What happens if an employer doesn't follow the correct process when handling a flexible working request?
Failing to follow the correct process can have serious consequences. An employee could bring a claim to an employment tribunal if you don't handle their request in a reasonable manner, don't provide a decision within two months, or reject the request based on incorrect facts or reasons outside the eight statutory grounds. If successful, a tribunal could order you to reconsider the request and/or award compensation of up to eight weeks' pay (currently capped at £643 per week). Additionally, if mishandling the request involves discrimination against a protected characteristic, compensation could be substantially higher with no statutory cap. We strongly recommend seeking specialist advice when developing your flexible working procedures to avoid these potentially costly consequences.
