Changes to Flexible Working Requests: What UK Employers Need to Know

Flexible working is no longer a “nice to have” in the world of work. For growing numbers of UK employees, it’s an expectation-sometimes even a deal-breaker. If you employ staff, you’ve probably noticed an increasing number of flexible working requests, whether for remote work, different start times, compressed hours, or job sharing. With legal reforms now in effect, it’s crucial for all business owners to understand what these new rules mean for you and your team.

The good news? Getting your approach to flexible working requests right isn’t just about avoiding mistakes-it can boost staff morale, reduce turnover, and help your business stay competitive. In this guide, we’ll break down what the new regulations mean, your obligations as an employer, and how to handle requests lawfully and fairly. Plus, we’ll outline must-have legal documents and policies so you can stay protected from day one.

Let’s take a closer look at everything UK employers need to know about flexible working requests in 2024 and beyond.

What Is a Flexible Working Request?

Before we jump into the changes, let’s quickly cover the basics. A flexible working request is when an employee asks to change their standard working arrangements. This could include:

• Altering start and finish times (known as “flexitime”)
• Requesting remote or hybrid working
• Working compressed hours (fewer days per week, same total hours)
• Job sharing with another employee
• Annualised hours (set number of hours over a year rather than per week)

Employees may request flexible working for all sorts of reasons-childcare, health, study, or simply to improve work/life balance. The key point is: as the employer, you have legal duties around considering and responding to these requests. Let’s look at how the rules have changed and what you need to do to comply.

What’s Changed? Key Updates to Flexible Working Laws in 2024

From April 2024, a number of reforms have come into force that impact how employers handle flexible working requests. The main changes are:

• Day-one right: Employees can now make a statutory request for flexible working from their first day of employment-there’s no longer a minimum service requirement.
• Number of requests per year: Employees can make two formal flexible working requests in a 12-month period (previously it was one).
• Speeding up decision timelines: You must respond to a flexible working request within two months of receiving it (down from three months).
• Consultation duty: If you’re thinking of rejecting the request, you must “consult” with the employee first. This means discussing alternatives before making your decision.
• No more requirement to explain impact: Employees are no longer required to explain in their application how the proposed change affects the business or how effects could be managed.

You can see a detailed breakdown of what’s changed-and what employers need to do to stay compliant-over in our 2024 Flexible Working Reforms: Employer Action Points guide.

Who Can Make a Flexible Working Request?

Thanks to the new day-one right, all employees (whether full-time or part-time) can make a flexible working request as soon as they start their job-there’s no minimum length of service. However, only employees (not agency workers or the self-employed) are covered by the statutory scheme.

Employers should also be aware of potential links to discrimination protection. If the request is related to disability, religion, or childcare needs, refusing it without good reason could amount to discrimination under the Equality Act 2010. Always seek legal advice if you’re unsure about the grounds for a request.

How Should Employers Respond to a Flexible Working Request?

It’s not just about ticking boxes: how you handle a flexible working request can shape staff loyalty and your workplace culture. Legally, you must:

• Consider each request fairly and reasonably
• Consult with the employee if you’re thinking of refusing it (don’t just say “no” straight away)
• Make a decision and notify the employee within 2 months (unless you agree more time in writing)
• Approve the change in writing if granted-or set out clear business grounds for refusal if you turn it down

Employers can still refuse a flexible working request, but only on certain business grounds-for example, if it would:

• Cause extra costs
• Harm quality or performance
• Disrupt the ability to meet customer demand
• Lead to a lack of work during proposed hours
• Conflict with planned structural changes

You’ll find these reasons listed in law-and your response should reference them, not just a vague “not suitable”. Clear communication is key, both for legal protection and good staff relations. For practical guidance on handling employee communications, see our guide to written statements for UK employers.

What Should Be in a Flexible Working Policy?

A clear, up-to-date Flexible Working Policy makes a huge difference. It’s your reference point for both managers and staff, and shows that you take requests seriously. Your policy should cover:

• Eligibility-who can apply?
• How to submit a request (form, email, or in writing?)
• Process for consideration: meetings, consultations, and timescales
• How decisions will be communicated
• The business reasons for possible refusals
• Your approach to trial periods or reviews

It’s also good practice to highlight links with other workplace policies-such as absence from work, health and safety, and parental leave. For staff handbooks and employment policies tailored to your business, check out our Staff Handbook Package.

How Do Flexible Working Requests Interact With Employment Contracts?

If you approve a flexible working request, this usually makes a permanent change to the employee’s terms and conditions. This means you may need to issue a new or updated employment contract or a contract amendment letter confirming the new work pattern, hours, or place of work.

Be aware-if you don’t update contracts properly, you risk confusion or future disputes over what has been agreed. Always record the details of any approved change in writing, signed and acknowledged by both parties. For more on contract changes, our guide to changing employment contracts breaks down your legal duties and how to handle variations correctly.

Which Laws Govern Flexible Working in the UK?

Several key pieces of legislation are relevant-and it’s important you know how they fit together:

• Employment Rights Act 1996-Part 8A sets the framework for statutory flexible working requests and the grounds for refusal.
• Flexible Working (Amendment) Regulations 2023-introduces the day-one right and timeline changes from April 2024.
• Equality Act 2010-protects employees from discrimination; for example, if a parent, carer, or disabled employee is disadvantaged by your decision.
• ACAS Code of Practice & Guidance-while not law, following ACAS advice is a key sign you've acted “reasonably” and can help defend your business against claims.

Failing to follow these laws can expose you to tribunal claims-often for compensation, but sometimes for an order to reconsider the request. Keeping your policies and processes compliant is essential.

What Are the Risks If You Get Flexible Working Requests Wrong?

It’s easy to think, “Flexible working isn’t a big deal for my business”-but making mistakes can have serious consequences. Risks include:

• Tribunal claims: Employees can challenge you if you’ve failed to properly consider their request, not followed the right process, or rejected it on unlawful grounds.
• Discrimination claims: If a rejected request is linked to a protected characteristic (disability, sex, religion), you could face unlimited damages.
• Low morale and retention: Mishandling requests can damage your reputation as an employer, making it harder to keep or recruit staff.
• Written warnings: For repeated or serious process failures, the tribunal may recommend or order improvements and compensation.

To avoid these risks, make sure you're handling requests openly, documenting decisions, and consulting with both the staff member and legal experts as needed. If you’re unsure, it’s worth reading our guide to ending employment contracts fairly-many lessons apply when navigating flexible working disputes too.

Managing Flexible Working Requests: Best Practices for Employers

It might feel overwhelming to keep up with employment law changes-and tricky to balance business needs with employee expectations. Here’s how to get ahead:

• Keep your policy updated: Review your Staff Handbook or Flexible Working Policy now to ensure compliance with the reforms.
• Train your managers: Make sure anyone handling requests understands both the letter and the spirit of the law (consultation, fairness, record-keeping).
• Document everything: Always keep a paper trail-requests, meetings, decisions, and contract changes.
• Handle requests consistently: Avoid accusations of bias by applying the policy the same way to everyone.
• Seek legal help when needed: If you have doubts, or if requests overlap with disability, family or religious needs, get expert advice rather than “winging it”.

Establishing clear, fair, and well-documented processes builds trust with your staff and protects your business.

Recommended Legal Documents for Handling Flexible Working Requests

There are a few essential documents all employers should have in place to handle flexible working requests smoothly and safely:

• Flexible Working Policy-lays out how requests are made, considered, and processed
• Flexible Working Request Form-a template for employees to make applications (keeps things clear and consistent)
• Contract Amendment Letter-formalises changes to working hours, place, or pattern
• Staff Handbook (incorporating flexible working)-helps managers act consistently and documents your process if decisions are challenged
• Meeting notes and response letters-provide evidence you’ve followed the law if a dispute arises

Don’t be tempted by cheap templates online-legal documents should be tailored to your business and reflect up-to-date rules. Our employment law packages can help you get compliant policies and contracts in place quickly, across all areas of employment.

Where to Get Further Help With Flexible Working Requests

Employment law is fast-changing, and flexible working requests can be a legal minefield when not handled correctly. The best way to ensure you’re protected? Invest in robust legal documents, keep your team trained, and seek tailored advice for tricky situations.

If you want to understand more about your legal duties or get your workplace policies up to scratch, our team is here to help. Whether it’s reviewing your current contracts or advising on a complex request, we’ll make the legal side as smooth and stress-free as possible.

Key Takeaways

• Flexible working requests are now a day-one right for all UK employees, not just those with 26 weeks’ service.
• Employees can submit two requests each year, and you must decide within two months.
• Refusals must follow a consultation with the employee and cite one of the statutory business reasons.
• A clear, up-to-date Flexible Working Policy and accurate contract records are essential for compliance.
• Poor handling of flexible working requests can leave you exposed to tribunal or discrimination claims.
• Tailored legal advice is your best protection-especially for complex or sensitive situations.

If you’d like tailored advice or practical help drafting a flexible working policy, reviewing your employment contracts, or supporting your managers with changing laws, contact our friendly team at team@sprintlaw.co.uk or call us on 08081347754 for a free, no-obligations chat. We’re here to make managing flexible working requests simple, fair, and legally compliant-right from day one.