Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is A Flexible Working Request (And Why Should Employers Take It Seriously)?
How To Handle Flexible Working Requests: A Step-By-Step Process For Small Businesses
- Step 1: Confirm What Was Requested (And Whether It’s Statutory)
- Step 2: Acknowledge The Request In Writing
- Step 3: Hold A Meeting (And Treat It As A Problem-Solving Chat)
- Step 4: Assess The Request Against Your Business Needs
- Step 5: Decide (Approve, Approve With Changes, Or Refuse With Reasons)
- Step 6: Confirm The Outcome In Writing And Update Your Documents
- Flexible Working Request Example (Employee Template You Can Ask Staff To Use)
- Key Takeaways
Flexible working requests used to feel like something only bigger companies dealt with. Now, they’re a regular part of running a UK small business - especially if you employ working parents, carers, students, or anyone balancing health needs or a long commute.
And because the rules around flexible working have changed recently, it’s worth checking that your process (and paperwork) still stacks up.
In this guide, we’ll walk through how flexible working requests work in practice, what the law expects from you as an employer, and we’ll include a clear example of a flexible working request you can use as a starting point (plus employer response examples).
What Is A Flexible Working Request (And Why Should Employers Take It Seriously)?
A flexible working request is a formal request from an employee asking to change:
- their working hours (e.g. start later / finish later, compressed hours);
- their working pattern (e.g. different days, term-time working);
- their working location (e.g. homeworking, hybrid arrangements); or
- a combination of the above.
From a small business perspective, it’s easy to think of flexible working as “an informal favour”. But legally, statutory flexible working requests come with a process you should follow. If you mishandle a request, the risks can include:
- employee relations issues (trust and retention can take a hit);
- grievances (a procedural complaint can quickly escalate);
- discrimination claims (for example, if a refusal disadvantages women, disabled employees, or older workers); and
- tribunal claims (where the employee argues you didn’t deal with the request reasonably or within the required timeframes).
Handled well, flexible working can actually be a win: better retention, a bigger talent pool, and fewer short-notice absences.
It also helps when your core documents are aligned - for example, your Employment Contract should clearly set expectations about hours, location, and how changes are agreed.
Flexible Working Law In The UK: What Changed In 2024?
Flexible working is not “a free-for-all” - it sits inside a legal framework, mainly under the Employment Rights Act 1996 and associated regulations.
In April 2024, important changes came into effect. In practical terms, this is what employers need to know:
1) It’s Now A Day-One Right To Request Flexible Working
Employees can make a statutory request from their first day of employment. (They don’t need 26 weeks’ service anymore.)
2) Employees Can Make Two Requests In Any 12-Month Period
This means you may see more frequent requests - especially where someone wants to trial a pattern, then tweak it later.
3) Shorter Decision Timeframe
You generally need to respond within two months (unless you agree a longer period with the employee).
4) You Must Consult Before Refusing
If you’re minded to refuse, you should consult with the employee first. This usually means meeting with them to discuss alternatives, compromises, or trial periods.
These changes don’t mean you must approve every request. But they do mean your process matters more than ever.
If you’ve got different working patterns across the team, it’s also worth sense-checking broader compliance, like the Working Time Regulations (rest breaks, maximum weekly working time, night work limits, opt-outs, etc.). Flexible hours still need to be lawful hours.
How To Handle Flexible Working Requests: A Step-By-Step Process For Small Businesses
If you want a process that is consistent, fair, and legally safer, aim for something like the steps below. You can scale this up or down depending on the size of your business - but the structure is key.
Step 1: Confirm What Was Requested (And Whether It’s Statutory)
A statutory request must be in writing. In practice, it’s also helpful if the employee sets out:
- the change they’re asking for;
- the proposed start date; and
- whether they’ve made a previous statutory request in the last 12 months (and when).
Employees can also include the impact they think the change may have and how it could be managed - but they don’t have to.
Even if the request is informal (e.g. raised in a chat), you can still treat it seriously and ask them to confirm it in writing - it keeps everyone clear on what’s being requested.
Step 2: Acknowledge The Request In Writing
This doesn’t need to be complicated. The goal is to:
- confirm you’ve received it;
- confirm the date received (so timeframes are clear); and
- set a date for a discussion meeting.
Step 3: Hold A Meeting (And Treat It As A Problem-Solving Chat)
This is where employers often get it wrong by taking an “approve/decline” mindset too early.
In the meeting, you’ll usually want to explore:
- what problem the employee is trying to solve (childcare, commuting, health, productivity, study, etc.);
- which parts are “must-haves” versus “nice-to-haves”;
- busy periods and resourcing;
- handover requirements;
- customer/client needs;
- how performance will be measured; and
- whether a trial period makes sense.
Having a clear written framework helps you stay consistent across requests. This is often covered in a Workplace Policy or your wider handbook rules.
Step 4: Assess The Request Against Your Business Needs
If you’re assessing properly, you’re not just asking “do we like this?” - you’re asking “can we make this work without harming the business?”
Common practical factors include:
- rota coverage / opening hours;
- overlap needed for teamwork or supervision;
- client-facing availability;
- cost impact (including hiring additional cover);
- quality control and training requirements; and
- data security and equipment (if homeworking is involved).
If the request involves homeworking, you’ll often need to review your approach to devices, data, and monitoring. If you do monitor staff activity, do it carefully and transparently - the practical and legal risks are covered well in internet monitoring at work.
Step 5: Decide (Approve, Approve With Changes, Or Refuse With Reasons)
You can:
- approve the request as made;
- approve with modifications (e.g. different days, partial homeworking, or a phased approach); or
- refuse - but only for one (or more) of the legally permitted business reasons, and after consultation.
Step 6: Confirm The Outcome In Writing And Update Your Documents
If you approve a flexible working change, it usually becomes a contractual change. That means you should confirm:
- what the new pattern is;
- when it starts;
- whether it’s a trial and how it will be reviewed; and
- any conditions (for example, attendance at key meetings or core overlap hours).
Your Staff Handbook is also a sensible place to set out the internal process so managers aren’t reinventing the wheel each time.
Flexible Working Request Example (Employee Template You Can Ask Staff To Use)
Below is a practical flexible working request example you can share with your team. It’s written from the employee’s side (because that’s who makes the request), but it’s designed to make your life easier as an employer by prompting the right information.
To:
Subject: Statutory Flexible Working Request
I am writing to make a statutory request for flexible working.
1) The change I am requesting
I would like to change my working pattern as follows:
- Current working pattern:
- Proposed working pattern:
2) Proposed start date
I would like the new arrangement to start on:
3) Impact on the business and how this could be managed (optional)
I believe the impact can be managed as follows:
-
-
-
4) Previous flexible working requests
- I have not made a statutory flexible working request in the last 12 months.
- I made a statutory flexible working request on , and the outcome was .
Please let me know if you would like to meet to discuss this request.
Kind regards,
Tip for employers: if you want to standardise this, you can turn it into an internal form and attach it to your handbook.
Employer Response Examples: Approving, Trialling, Or Refusing A Request
How you respond matters. A well-written response shows you’ve listened, consulted, and reached a decision based on clear business grounds - not gut feel.
Here are employer-side templates you can adapt.
Example 1: Approval Letter (With A Trial Period)
To:
Date:
Subject: Outcome Of Flexible Working Request
Thanks for your flexible working request dated , and for meeting with me on to discuss it.
We are pleased to confirm your request is approved on a trial basis.
New working arrangement:
- Hours / pattern:
- Place of work:
- Start date:
- Trial period: ending on
- Review date:
During the trial, we will review:
- service/rota coverage,
- team collaboration and handovers, and
- performance and output.
If the arrangement is successful, we will confirm the change as a permanent variation to your employment contract. If we identify issues, we will discuss adjustments with you before any decision is made.
Kind regards,
Example 2: Partly Approved (Alternative Arrangement Offered)
To:
Date:
Subject: Outcome Of Flexible Working Request
Thanks for your flexible working request dated and for meeting with me on .
After considering your request and the needs of the business, we can approve part of the request but not in the exact form proposed.
Approved arrangement:
-
-
- Start date:
- Trial period / review date:
Reason for not approving the request in full:
-
Please confirm by whether you accept this alternative arrangement. If you’d like to discuss other options, let me know and we can meet.
Kind regards,
Example 3: Refusal Letter (Use The Permitted Business Reasons)
If you refuse, you should base the refusal on one (or more) of the recognised business reasons, such as:
- the burden of additional costs;
- detrimental effect on ability to meet customer demand;
- inability to reorganise work among existing staff;
- inability to recruit additional staff;
- detrimental impact on quality;
- detrimental impact on performance;
- insufficiency of work during the periods the employee proposes to work; or
- planned structural changes.
To:
Date:
Subject: Outcome Of Flexible Working Request
Thanks for your flexible working request dated . We met on to discuss your request and to explore possible alternatives.
After careful consideration, we are unable to approve your request.
Business reason(s) for refusal:
-
-
Explanation:
We did consider alternative arrangements, including:
-
Unfortunately, these options would still create the same operational coverage issues.
If you wish to appeal this decision, please submit your appeal in writing to by .
Kind regards,
Even when refusing, the tone should stay respectful and practical. A refusal that reads like a blanket “no” (with no explanation) is where employers often get into trouble.
Common Mistakes Employers Make (And How To Avoid Them)
Most flexible working issues aren’t caused by bad intentions - they happen because a business is busy and tries to handle requests informally. Here are common pitfalls to watch for.
1) Treating Requests Inconsistently
If one employee gets a quick “yes” and another gets a vague “no”, it can create resentment and risk discrimination allegations.
A consistent approach is much easier if your flexible working approach is written into a policy and applied across teams, alongside other core rules in your handbook.
2) Forgetting It’s Often A Contract Change
If you approve a new working pattern and it becomes the norm, it can become contractual through agreement or custom and practice. Put it in writing and confirm whether it’s a trial or permanent variation.
3) Refusing Without Proper Consultation
If you’re minded to refuse, consultation isn’t optional. Meet, discuss, and explore alternatives. It also helps you gather facts you can rely on if the decision is challenged later.
4) Not Considering Discrimination Risks
A refusal might indirectly disadvantage certain groups (for example, women with childcare responsibilities, disabled staff needing adjusted hours, or older workers with caring duties).
You don’t have to agree to a request that genuinely can’t work for your business. But you should be ready to show your decision was based on genuine business reasons and that you considered alternatives.
5) Not Aligning Flexible Working With Data And Tech Rules
If flexible working includes homeworking, you may need to tighten up:
- device and security rules;
- confidentiality expectations;
- acceptable use of systems; and
- monitoring transparency.
This is often supported by an Acceptable Use Policy, especially where staff use laptops, cloud platforms, or personal devices.
Key Takeaways
- A statutory flexible working request is a formal process - it’s not just an informal “favour”, and it’s worth handling consistently to reduce legal and people risks.
- Since April 2024, flexible working is a day-one right, employees can make two requests in 12 months, and you usually need to respond within two months.
- You should acknowledge the request, meet to discuss it, and keep the conversation solutions-focused (including trial periods where appropriate).
- If you refuse, you should do so only for a permitted business reason and include a clear, factual explanation showing you considered alternatives.
- When you approve flexible working, confirm it in writing and treat it as a potential contract variation, including the new pattern, start date, and review points.
- If flexible working includes homeworking, make sure your tech, confidentiality, and monitoring practices remain compliant and transparent.
If you’d like help putting a practical flexible working process in place (including letters, contract variations, and workplace policies), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


