Flexible working requests have been a hot topic in the 2020s. This guide will tell you what you need to know around the rules
- Employees now have the right to request flexible working from the first day on the job.
- From 2027, if an employer denies a flexible working request, they have to give a reason why. They must state their reason from a list of eight business reasons for refusal. Plus, they must explain why they think their reason for refusal is reasonable.
- Employees don’t have a right to appeal but it’s best practice to have a process in place anyway.
- Ignoring the rules could lead to employment tribunal claims or legal penalties.
As more of us struggle to strike a balance between our work and family life, employers are increasingly being approached with requests for flexible working.
Here’s what you need to know about the rules.
What is flexible working?
There are a few different types of flexible working. Acas gives the following examples:
- Part-time hours
- Staggered hours
- Remote working
- Working from home
- Hybrid working
- Flexitime
- Job sharing
- Compressed hours
The law and flexible working requests
Elements of this have changed with the introduction of the Employment Rights Act 2025. Employees now have the right to request flexible working from the first day on the job.
Requests must be considered in a ‘reasonable manner’. You should meet the employee to discuss; consider the business impact; and provide a decision within three months. Not acting ‘reasonably’ could result in an employment tribunal where a failure to deal with a flexible working request properly is eight weeks’ pay (capped at £479 per week, or £3,832 in total).
Refusing a flexible working request
From 2027, if an employer denies a flexible working request, they have to give a reason why. They must state their reason from a list of eight business reasons for refusal, including the burden of extra costs and an inability to recruit more staff, meet customer demand and reorganise work. Plus, they must explain why they think their reason for refusal is reasonable.
You can refuse a flexible working request, but only if there is a clear business reason for doing so.
You’re not obliged to offer the right of appeal but it’s considered good practice to have an appeals process in place.
Practical tips for handling flexible working requests
- Draw up a flexible working policy, stating how requests will be considered and the grounds on which requests will be declined
- Involve the employee in the process – for example, by asking them to assess the likely impact of the changes on the business
- Show flexibility. If the employee requests a three-day week, you may want to consider offering them the opportunity to work four days per week instead
- Suggest a trial period as a way of establishing whether there are any adverse affects to the business
- Consider job shares as a way of allowing two employees to work flexibly together
- If you’re faced with competing claims, consider which is most likely to result in a tribunal or discrimination claim
An employee can make up to two flexible working requests per 12-month period, but can only have one request active at a time.
Just be sure that managers know that the right to request flexible working kicks in from day one of employment. They must be able to handle them fairly and consistently.
Yes, some providers allow to to track and manage flexible working requests. BreatheHR has a dedicated tool for this, for example.
If an employee requests compressed hours, it means they want to do their full-time hours in fewer days. They may want to do 37 hours over four days, say.
This article was supplied by Samantha Castle of Barcan+Kirby.
