Do employers have to accept flexible working requests?

121 HR Solutions advise clients on managing flexible requests which seem to be ever popular. Employers are not legally required to grant every flexible working request. However, under ACAS guidance, employers are expected to approach such requests positively, consider them carefully, and engage in open dialogue with employees to explore what arrangements may work for both sides.

A flexible working request should never be rejected automatically. Instead, employers should:

listen to the employee’s reasons for making the request
explore whether a compromised arrangement could meet both business and personal needs
document the decision-making process and ensure the outcome is communicated within the statutory timeframe.

For example, if an employee requests to work from home three days a week and attend the workplace for two, but the business needs make this difficult, the employer may be able to agree a different split that balances operational requirements with flexibility.

Refusing a request without proper consideration can expose employers to claims. Some of the risks can include the following:

Employees can bring tribunal claims if their request is not considered in line statutory legislation or within the required timeframe. Tribunals may order reconsideration and award compensation of up to 8 weeks’ pay.
Refusals may be challenged as indirect discrimination, particularly where parents or carers are disproportionately affected.
If an employee feels a refusal is unfair or discriminatory, they may resign and bring a claim for constructive dismissal and compensation.

Even where a refusal can be objectively justified and is not discriminatory, there is still a business risk, employers may lose skilled employees who cannot balance their work and home commitments under existing patterns.

Employers are encouraged to:

Review requests carefully against legitimate business needs.
Consider alternatives or compromises before issuing a refusal.
Respond within statutory timescales and document the reasoning.
Train managers on the legal and cultural importance of handling requests sensitively.

Taking a constructive approach help avoid legal risk, retain valuable staff, and build a reputation as a flexible and supportive workplace. Contact us at enquiries@121hrsolutions.co.uk and we can discuss any further queries you may have on this subject.

Do employers have to accept flexible working requests?

121 HR Solutions Ltd