Flexible working requests: what employers need to know

Remote and hybrid working have become a normal part of working life for many employees. Flexible working can offer clear benefits, including improved work-life balance and reduced commuting time. However, flexible arrangements are not suitable for every role or every business.

Flexible working allows employees to request a change to how, when or where they work. This might include reducing or changing working hours, altering the days or times worked, or working from a different location such as home. The key point is that flexible working is a request, not an automatic right to have the change agreed.

When an employee submits a flexible working request, the employer must deal with the entire process, including any appeal, within two months, unless a longer timescale is agreed with the employee.

Flexible working requests can only be made by employees, not workers or contractors. An employee cannot make more than two flexible working requests in any 12 month period, and they cannot submit a new request if a previous one has not yet been concluded. The request must be made in writing, dated, explain the change being requested, state the proposed start date, and confirm whether any previous flexible working requests have been made.

Once a request is received, employers should arrange a meeting with the employee to discuss it. This discussion allows both sides to explore how the proposed arrangement might work in practice and what impact it could have on the business. Employers should approach this conversation openly, even if they have initial concerns about feasibility.

In some cases, it may be helpful to agree a trial period. This allows the business to test the arrangement and assess its impact before making a final decision. If a trial period is used, the employer must still ensure that a final decision is communicated within the two month decision period, unless an extension is agreed. Although not legally required, confirming any agreement or trial arrangement in writing is good practice.

If an employer decides that a request cannot be accommodated, it can only be refused for one or more of the statutory reasons set out in legislation. These include additional cost burdens, an inability to meet customer demand, difficulties reorganising work, recruitment challenges, negative impacts on quality or performance, insufficient work during the proposed hours, or planned structural changes. A request can also be refused if the employee was not eligible to make one, for example because they had already made two requests in the previous 12 months.

Employers must not reject a request without first consulting the employee. While there is no absolute legal requirement to offer an appeal, allowing one is widely regarded as best practice and helps demonstrate that the request has been handled fairly.

To reduce risk and ensure compliance, employers should have a clear flexible working policy in place, so employees understand how to make a request and what the process involves. Requests should be handled consistently and objectively, with any refusal clearly linked to one of the statutory grounds. Trial periods should be considered where appropriate, particularly where the impact of a change is uncertain.

Flexible working is now a permanent feature of the employment landscape, and employers can expect requests to continue. While businesses are not required to agree to every request, they must consider them fairly and be able to justify any refusal.

Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.

Flexible working requests: what employers need to know

121 HR Solutions Ltd