Flexible Working Requests in the UK: What Employers Need to Know

Flexible working is now a normal part of how many UK businesses operate. Whether it’s hybrid hours, remote days, compressed weeks or adjusted start/finish times, the law has shifted in recent years to make it easier for employees to ask for flexibility - and for employers to consider and implement it fairly.

If you’re running a small business, getting your approach right matters. A compliant, consistent process will help you retain talent, manage costs and reduce legal risk. In this guide, we explain what a statutory flexible working request is, what changed from April 2024, how to handle requests step-by-step, and the documents you should have in place to stay protected.

What Is A Statutory Flexible Working Request?

A “statutory flexible working request” is a formal request an employee makes under UK law to change the terms of their contract relating to when, where or how long they work. This could include:

• Changing start and finish times (flexitime)
• Working from home for some or all of the week
• Compressed hours (e.g. four longer days instead of five)
• Annualised hours, term-time only, or part-time arrangements
• Job-sharing with another employee

Under the Employment Relations (Flexible Working) Act 2023 and the Flexible Working (Amendment) Regulations 2023, employees now have a day-one right to make a request. You’ll also see the updated Acas Statutory Code of Practice on flexible working emphasising a consultative, reasonable approach.

It’s important to distinguish this from ad hoc or informal arrangements you might agree with staff. If an employee uses the statutory route, specific rules apply around how many requests they can make, the timeframe to decide, and the limited lawful reasons for refusal.

Flexible working sits alongside broader statutory protections. For example, indirect discrimination and reasonable adjustments (under the Equality Act 2010) can apply to flexibility requests involving disability, pregnancy, religion or caring responsibilities. More on this below.

What Changed From April 2024?

Several key changes took effect for statutory flexible working from 6 April 2024. As an employer, you should be aware of the following:

• Day-one right: Employees can request flexible working from their first day of employment (no 26-week qualifying period).
• Two requests per year: An employee can make up to two statutory requests in any 12-month period.
• Faster decisions: You must handle the request (including any appeal) within two months unless you agree a longer timeframe with the employee.
• Consultation before refusal: You must consult the employee before rejecting a request.
• No impact statement required: Employees no longer have to explain the effect of the change or suggest how to manage it.

The legal framework still sits within the Employment Rights Act 1996 (with amendments). If you want a quick refresher of core employer duties in plain English, it’s worth revisiting the Employment Rights Act 1996 basics.

Practically, these changes mean your processes and templates need to be up to date, your managers trained, and your timelines closely monitored.

How Should Employers Handle A Flexible Working Request?

Having a clear, fair process makes decisions easier and reduces disputes. Here’s a simple approach you can adopt and reflect in your internal documents:

1) Acknowledge Promptly And Check The Basics

• Confirm receipt in writing and note the date - your two-month clock has started.
• Check the request is from an employee (not a worker or contractor) and that it’s a statutory request (they’re using their legal entitlement).
• Clarify what change they are seeking, when it would start, and whether it’s permanent or a trial period.

2) Consult Meaningfully

• Arrange a meeting to explore the request. Be open to alternatives (e.g. different remote days, phased trial, or a temporary change).
• If relevant, consider team impact, coverage, peaks and troughs in workload, supervision, and training needs.
• Keep notes. A brief paper trail showing you consulted and considered the request carefully is invaluable.

3) Assess Operational Impact Against The Lawful Grounds

• Evaluate the request against your business needs (see lawful refusal reasons below).
• Explore adjustments that could make it workable (e.g. a different rota, revised KPIs, technology support).
• If disability is involved, remember the separate duty to make reasonable adjustments may apply.

4) Decide And Confirm In Writing

• Agree, agree with modifications, or refuse on a lawful ground. Communicate the decision clearly and within the two-month deadline.
• If you agree, confirm whether it’s a permanent contractual change, a fixed-term change, or a trial period with a review date.
• Set expectations (deliverables, availability windows, office/meeting commitments) and update your Employment Contract and internal systems.

5) Offer An Appeal

• While not strictly mandated, allowing an appeal is good practice and aligns with the Acas Code. It’s also a sensible way to spot misunderstandings early.

6) Update Policies And Train Managers

• Make sure your Workplace Policy on flexible working reflects the April 2024 rules and your internal process.
• Brief managers on the two-month timeline, consultation requirement, discrimination risks and when to escalate for legal advice.

If the change affects core terms (hours, pay, place of work), remember you’re adjusting the employment contract. Agree changes in writing and avoid unilateral changes - that can trigger breach, grievances or constructive dismissal risks. If you need a refresher, read up on changing employment contracts lawfully.

Lawful Reasons To Refuse And How To Reduce Risk

You can refuse a statutory flexible working request only for one (or more) of eight lawful business reasons set out in legislation. These are:

• It would impose additional costs that are a burden on the business
• You cannot reorganise work among existing staff
• You cannot recruit additional staff
• It would have a detrimental impact on quality
• It would have a detrimental impact on performance
• It would have a detrimental effect on ability to meet customer demand
• There is insufficient work during the periods the employee proposes to work
• There are planned structural changes to the business or employee’s role

If you’re relying on a lawful reason, be specific. Generic statements (“this will affect performance”) can look weak if challenged. Refer to actual data or examples - rota coverage, customer response times, peak trading periods, supervision requirements or service-level commitments.

Common Risk Areas For Employers

• Indirect discrimination (Equality Act 2010): Policies or decisions that disadvantage a protected group (e.g. women with childcare responsibilities, people with certain disabilities, or for religious observance) can be unlawful unless you can objectively justify them. Always consider whether a less discriminatory alternative could work.
• Reasonable adjustments: If the request stems from a disability, consider your duty to make reasonable adjustments in addition to the flexible working regime. The bar is different - simply citing one of the eight grounds may not be enough.
• Inconsistent treatment: If you approve one person’s remote day pattern and reject a similar request, you’ll need robust, evidence-based reasons for the difference.
• Process flaws: Missing the two-month deadline, failing to consult, or using an out-of-date policy increases the risk of claims and employee relations issues.

One practical way to manage risk is to agree a time-limited trial (e.g. three months) with clear metrics and a review point. Document the criteria you’ll use and any support you’ll provide (technology, training, adjusted KPIs). Then assess based on evidence, not perceptions.

Contracts, Pay, Hours And Policies: Getting The Paperwork Right

Once you agree changes, make sure they’re reflected properly in your documents and systems. Small businesses often run into trouble by treating a big change (like location or hours) as “informal”. If it’s happening in practice, it should be captured in writing.

Update The Employment Contract

• Add or amend clauses for place of work (including home address if hybrid), core hours, availability windows and any office attendance commitments (e.g. team day, client meetings).
• Clarify if the change is permanent or time-limited, and build in a review clause.
• Confirm any impact on pay, benefits, overtime, on-call duties or allowances.

For new starters, bake flexibility into the offer and your Employment Contract from day one. That avoids renegotiation later and sets expectations clearly.

Refresh Your Policies And Staff Handbook

• Bring your flexible working policy up to date with the day-one right, two requests per year and two-month deadline.
• Cross-reference related policies: data security for remote working, health and safety for home workstations, expenses, equipment, confidentiality and monitoring.
• Keep everything in one place for managers and staff via your Staff Handbook.

If you don’t have a clear policy, it’s worth putting one in place now. A tailored Workplace Policy helps managers apply consistent criteria and makes your process transparent.

Communicate The Change

• Brief payroll and HR on any impact to hours, leave accrual, overtime or shift premiums.
• Tell line managers and the team about any rota or collaboration changes so service levels don’t slip during the transition.

Finally, if you’re varying terms for existing employees, follow a consult-and-agree process and confirm the change in writing. Avoid unilaterally imposing changes - this is where many disputes arise. When in doubt, follow a careful approach to changing employment contracts.

Managing Remote And Hybrid Setups: Data, Health & Safety And Performance

Many flexible working requests involve location (e.g. hybrid or remote). If you approve remote days, make sure you cover the operational and compliance basics.

Data Protection And Confidentiality

• Set clear rules for device use, password security, screen locking, printing, and storage of physical files at home.
• If employees use their own devices, adopt a BYOD framework that addresses security, monitoring and data deletion. There are specific GDPR considerations with BYOD you shouldn’t ignore.
• Check your contractual confidentiality and data security clauses are robust and reflect remote working realities.

Health And Safety For Home Workers

• You still have duties to ensure employees’ health and safety, even when they work from home.
• Carry out (or require self-completed) workstation and DSE assessments, and provide guidance on safe setups, breaks and reporting issues. Our plain-English guide to health and safety in the workplace is a helpful starting point.
• Clarify who supplies equipment (chair, monitor, peripherals) and how maintenance or replacement works.

Performance, Collaboration And Availability

• Agree measurable outputs and communication standards (response times, meeting etiquette, core hours).
• Schedule regular 1:1s and team days to maintain culture and knowledge sharing.
• During probation, consider how flexibility interacts with supervision and training needs - see our guide to probation periods for practical tips.

It’s sensible to capture these expectations in your policy suite and, where necessary, your contracts. Clear ground rules reduce misunderstandings and keep performance on track.

Frequently Asked Employer Questions

How many flexible working requests can an employee make? From April 2024, up to two statutory requests in any 12 months. You can still consider more informally, but the statutory regime (including timelines and refusal grounds) applies to two.

Do we have to allow a companion at meetings? There isn’t a statutory right to be accompanied for flexible working meetings, but it’s good practice (and can help keep discussions constructive) to allow a companion where reasonable.

Can we agree a trial period? Yes. Trials are often a practical way to test an arrangement. Document the start and end date, success criteria, support you’ll provide, and what happens at review.

If we agree hybrid working, do we have to pay homeworking expenses? Not automatically. Set out what you’ll cover (e.g. equipment, contribution to broadband) in your policy or contract. Be consistent to avoid grievances.

Do we need to vary contracts? If location or hours change, yes - reflect it in writing. If you’re only approving an informal, short-term change, confirm the timeframe and that core terms remain unchanged.

Key Takeaways

• Since April 2024, employees have a day-one right to make a statutory flexible working request, can make two requests per year, and you must handle requests within two months.
• Consultation is mandatory before refusal. Keep a clear paper trail of your meetings, options considered and evidence used in making your decision.
• You can only refuse a request for one or more of the eight lawful business reasons. Be specific and evidence-based to reduce risk.
• Watch for discrimination and reasonable adjustment duties alongside the flexible working regime - especially with disability, pregnancy, religion and caring responsibilities.
• If you agree changes, update the employee’s contract, refresh your flexible working policy, and keep expectations clear in your Staff Handbook.
• For remote or hybrid setups, address data security (including BYOD), confidentiality, and home health and safety duties from day one.
• When changes affect core terms, follow a consult-and-agree process and document variations properly - avoid unilateral changes by aligning with best practice on changing employment contracts.

If you’d like help updating your flexible working policy, varying contracts, or putting a robust process in place, our team can help. Reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.