How To Make a Successful Flexible Working Request: A Legal Guide for Employers and Employees

Flexible working is more than just a buzzword-it’s become a central part of the modern workplace. Whether you’re an employee looking to improve your work-life balance or an employer navigating new legal obligations, understanding how to make a successful flexible working request can make all the difference.

With recent changes to UK employment law, both sides need to know their rights, responsibilities, and the right steps to take. In this guide, we'll walk through everything you need to know to make a flexible working request that stands the best chance of success-while staying fully compliant with the law. If you want your business or your career to thrive in this flexible future, keep reading to find out how.

What Is Flexible Working and Why Does It Matter?

Flexible working refers to any arrangement that changes how, when, or where an employee works-think part-time hours, working from home, staggered start and finish times, compressed hours or job sharing. The right approach can help people juggle family, health, and other responsibilities without sacrificing their professional success.

But flexible working isn’t just beneficial for staff. Employers who offer flexible work can attract a wider range of talent, improve retention, boost morale, and even increase productivity.

Importantly, flexible working is now a legal right for most employees in the UK. This means understanding the rules is essential for everyone involved-whether you’re requesting flexibility or managing those requests as an employer.

Who Is Eligible To Request Flexible Working Under UK Law?

As of April 2024, almost all employees in the UK have the right to request flexible working from day one of employment (previously, a 26-week service minimum applied). This is a significant shift, so if you’re new to the workforce or just switching jobs, you don’t have to wait to make a request.

Key points about eligibility:

• All employees have the right to make a statutory request for flexible working-not just parents or carers.
• This right now kicks in from the first day of employment.
• You can make up to two requests in a 12-month period (another recent change).

For more on these new rules, check out our dedicated guide on the 2024 flexible working reforms and employer action points.

How Do You Make a Flexible Working Request?

Whether you’re an employee or an employer, understanding how to make a successful flexible working request starts with following the statutory process. Here’s what employees should do:

• Put It in Writing: Your request should be in writing (email is fine) and clearly labeled as a statutory flexible working request.
• Include the Key Information:
  • The date of your request
  • Details of the change you’re seeking (e.g., hours, days, remote work)
  • When you’d like the new arrangement to start
  • Any effects you think your request might have on your employer and how these can be dealt with
  • If you’ve made a previous request in the last 12 months
• Be Specific and Positive: Explain your reasons, but focus on how flexibility can help you-and benefit the workplace overall.

It’s wise to prepare in advance. Think about how your flexible working could impact your team, workflow, and goals-and suggest practical solutions for any challenges you identify.

What Should Employers Do When a Flexible Working Request Is Received?

Employers have strict legal duties when handling flexible working requests. Here’s a step-by-step guide for employers to stay compliant while supporting your team:

1. Act Promptly: You must consider the request and give a decision within two months (unless a longer timeframe is agreed with the employee).
2. Review the Request Objectively: Carefully consider the specific request, weighing business needs and the employee’s reasons. Don’t just reject out of hand.
3. Consult and Discuss: It’s best practice (and often required) to discuss the request with the employee, either in a meeting or by phone/video. This is your chance to clarify questions, explore alternatives, and understand the situation fully.
4. Respond in Writing: Confirm your decision in writing-either agreeing to the change (setting out the new terms), proposing a compromise or alternative, or giving a clear business reason if refusing.

Refusing a flexible working request can only be done for one of eight outlined “business reasons” set by law. We'll cover these further below.

What Are the Legal Requirements for Employers?

The law sets out a clear roadmap for employers considering flexible working requests. Here are the essentials:

• Follow Statutory Procedure: The statutory procedure now requires a timely, open-minded process and a written explanation at the outcome.
• Genuine Consideration: The request must be seriously considered, and not dismissed without real assessment.
• Permitted Reasons for Refusal: You can only refuse a statutory flexible working request for these allowed reasons:
  • The burden of additional costs
  • Detrimental effect on meeting customer demand
  • Inability to reorganise work among existing staff
  • Inability to recruit additional staff
  • Detrimental impact on quality or performance
  • Insufficient work available during the periods the employee proposes to work
  • Planned structural changes (for example, upcoming redundancies or job restructures)
• No Discrimination: Refusals must not discriminate on the basis of age, sex, disability, religion, or other protected characteristic. If they do, you could face claims under the Equality Act 2010.
• Keep Records: Store decisions, notes of meetings, and all correspondence in writing to evidence compliance if challenged later.

For a deeper look at employee rights and legal risks around changing employment arrangements, take a look at our plain-English breakdown of changing employment contracts in the UK.

What Makes a Flexible Working Request More Likely to Succeed?

Not all requests will (or must) be approved-business needs always matter. However, there are key steps that both employees and employers can take to boost the chances of a positive outcome.

For Employees

• Present your request professionally, clearly, and in writing.
• Explain why the arrangement would help you, but also touch on how you’ll maintain productivity and performance.
• Anticipate possible objections and offer solutions to overcome them (e.g. agreeing to regular catch-ups if working remotely).
• Be flexible and open to compromise if your first preference cannot be accommodated.

For Employers

• Take all requests seriously and apply a fair, consistent approach across your workforce.
• Consider a trial period for new arrangements-it shows willingness and provides an opportunity to review impact.
• Communicate the process and likely timelines clearly with the employee from the outset.
• Seek advice if unsure about legal requirements or facing a tricky decision.

What Documents Should Be in Place for Flexible Working?

Getting the legal documentation right is crucial for smooth flexible working arrangements and reducing future disputes:

• Flexible Working Policy: This policy sets out the process and expectations for requests, and helps ensure a fair, transparent approach.
• Updated Employment Contract: Any changes to working patterns should be confirmed in writing in the employment contract or a side letter (variation agreement) to avoid confusion later.
• Correspondence Records: Keep all emails, request forms, and meeting notes.

If you need help drafting or reviewing employment contracts, our Employment Contract service can help ensure your agreements are watertight and up to date.

For broader legal compliance and staff management, browse our expert resources on drafting effective employee handbooks and core company policies for a positive culture.

What Are Common Pitfalls and Legal Risks?

Flexible working can go wrong if you’re not careful. Here are some of the most common mistakes and how to avoid them:

• Unlawful Refusal: Denying requests without following the correct process or without a valid reason can lead to employment tribunal claims.
• Discrimination Claims: Failure to accommodate requests relating to disabilities, childcare, or religious practices may breach the Equality Act 2010.
• Inconsistent Treatment: Treating similar requests differently or failing to apply policies evenly across teams can cause disputes and even claims of unfair treatment.
• Poor Communication: Not clearly setting out the process, rationale, or timelines makes misunderstanding-and grievances-much more likely.
• Failing to Document Changes: Verbal agreements or informal arrangements are a recipe for confusion. Always document any contract changes in writing.

Staying compliant not only avoids legal headaches but also protects workplace morale and your reputation as a fair employer. If you’re not sure if you’re handling things correctly, getting legal advice on employment law risks can help you avoid common mistakes.

What If There’s a Dispute About a Flexible Working Request?

If an employee’s request is refused and they feel it wasn’t handled fairly-or think it was refused for unlawful reasons-they may be able to bring a claim in the Employment Tribunal. Common claims include:

• Employer failed to follow the statutory procedure
• Employer refused for an invalid business reason
• Direct or indirect discrimination (for example, if refusal impacts women or disabled employees disproportionately)
• Breach of contract or constructive dismissal (if flexibility was a key reason for acceptance of the job)

It’s always better to resolve disputes internally and amicably if possible. Clear communication, evidence of process, and willingness to discuss alternatives significantly reduce the risk of escalation.

For more tips on handling employment disputes, check our guide on navigating termination of employment or running fair disciplinary processes.

How Can Employers Prepare for More Flexible Working Requests?

With the new law making flexible working mainstream, every employer should make sure their business is ready. Here’s what you can do to set yourself up for success:

• Review and Update Policies: Make sure your flexible working policy reflects the latest legal requirements and your business’s practical needs.
• Train Your Managers: Managers who understand the process are less likely to make mistakes and more likely to spot practical solutions.
• Plan for the Future: Think about how your team can adapt-are there roles that could move to remote work, job shares, or part-time?
• Get Legal Documents Ready: Having tailored agreements, policies, and procedures makes the process smooth and lowers your risk.

Key Takeaways

• All UK employees have the right to request flexible working from day one of employment.
• Successful flexible working requests require clear, written communication-outlining what is requested, when it should start, and solutions to potential challenges.
• Employers must follow the statutory procedure, provide a written decision within two months, and only refuse requests for permitted business reasons.
• Policies and employment contracts should be updated to reflect any agreed changes, and proper records should be kept for full legal compliance.
• Discrimination and unlawful refusal of flexible working requests can expose businesses to legal risk.
• Preparation, training, and good documentation will help your business manage requests smoothly and avoid disputes.
• If you’re unsure-whether you’re an employer or an employee-get professional advice to be confident in your next steps.

If you’d like support with flexible working requests, staff policies, or employment contracts, you can reach our team at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat. We’re here to help your business navigate flexible working rules and thrive in today’s changing workplace.