Flexible working is no longer viewed as a temporary workplace trend. For many employees, it has become an expected part of modern working life, and for employers, managing requests fairly and consistently is now a key part of effective people management.
Recent changes to UK flexible working legislation have strengthened employees’ rights and increased the importance of having clear, compliant processes in place. However, while many employers understand the legal basics, the real challenge often lies in applying the law fairly in day-to-day situations.
Managing flexible working requests successfully is about more than simply approving or declining applications. Employers need to balance operational needs with employee wellbeing, maintain consistency across teams and ensure decisions are properly documented to reduce the risk of disputes or discrimination claims.
At Roots HR, we support organisations to build practical, people-focused approaches to flexible working that support both compliance and business performance.
In this guide, we explore what flexible working is, how UK legislation works, the benefits of flexible working for employees and employers, and how businesses can confidently manage requests in practice.
What is flexible working?
Flexible working refers to any working arrangement that differs from a traditional full-time, office-based pattern. It allows employees greater flexibility over where, when or how they work.
Flexible working can take many forms, including:
– Hybrid working
– Remote working
– Part-time hours
– Compressed hours
– Flexitime
– Job sharing
– Staggered start and finish times
– Annualised hours
For some employees, flexible working supports caring responsibilities, health conditions or work-life balance. For others, it improves productivity, reduces commuting stress or allows them to work in ways that better suit how they perform best.
The way organisations approach flexible working has evolved significantly in recent years. Many employers now recognise that flexibility can support recruitment, retention and employee wellbeing while also improving engagement and productivity. As explored in The Evolution of Hybrid Working: From Emergency Response to Strategic Advantage, businesses are increasingly moving towards long-term, strategic approaches to hybrid and flexible working rather than temporary solutions.
Flexible working legislation in the UK
Flexible working legislation in the UK gives employees the legal right to request flexible working arrangements.
Since April 2024, several important changes have strengthened employee rights:
– Employees now have the right to request flexible working from day one of employment
– Employees can make two requests within a 12-month period
– Employers must respond within two months unless an extension is agreed
– Employees are no longer required to explain the impact of their request on the business
Importantly, this is a right to request flexible working, not an automatic right to receive it. Employers can still refuse requests where there is a legitimate business reason for doing so.
However, employers are legally required to:
– Handle requests reasonably
– Consult with employees before making decisions
– Assess requests fairly and consistently
– Avoid discriminatory decision-making
– Provide clear reasoning if refusing a request
Failure to follow a fair process can increase the risk of grievances, tribunal claims and employee relations issues.
How to handle flexible working requests step by step
Handling flexible working requests effectively requires a structured and consistent approach.
1. Acknowledge the request promptly
Once a request is received, employers should confirm receipt and explain the next steps in the process. Early communication helps manage expectations and demonstrates that the request is being taken seriously.
2. Review the request carefully
Consider:
– What changes are being requested
– Whether the request is permanent or temporary
– How the arrangement may affect the team, service delivery or operational requirements
– Whether similar arrangements already exist elsewhere in the business
It is important to avoid making assumptions too quickly. Requests should be assessed individually and objectively.
3. Arrange a consultation meeting
A consultation meeting provides an opportunity to:
– Understand the employee’s reasons and objectives
– Explore alternative arrangements if necessary
– Discuss operational considerations openly
– Clarify practical details
This stage is particularly important where concerns exist about the request. Consultation demonstrates fairness and helps employers gather sufficient information before making a decision.
4. Assess the practical impact
Employers should carefully evaluate:
– Workload coverage
– Team collaboration
– Customer or service impact
– Health and safety considerations
– Technology or equipment needs
– Management capacity
Where concerns arise, employers should consider whether adjustments or trial periods could help address them before refusing outright.
5. Document the decision clearly
Whether approving or declining a request, employers should:
– Confirm the outcome in writing
– Clearly explain the reasoning behind the decision
– Record how the request was assessed
– Keep documentation securely on file
Good documentation is essential for demonstrating fairness and consistency.
6. Monitor arrangements regularly
Flexible working arrangements should be reviewed periodically to ensure they continue to work for both the employee and the organisation.
Regular reviews help identify:
– Operational challenges
– Team communication issues
– Workload concerns
– Opportunities for improvement
Benefits of flexible working for employees and employers
The benefits of flexible working extend well beyond employee convenience. When managed effectively, flexibility can support both organisational performance and employee wellbeing.
Flexible working can improve retention, widen talent pools, reduce absence and support employee wellbeing, while also helping organisations build more engaged and productive teams. You can read more about this in How Flexible Working Can Benefit Your Organisation.
Benefits of flexible working for employees
Employees often experience:
– Improved work-life balance
– Reduced commuting stress and costs
– Better mental wellbeing
– Increased autonomy and trust
– Greater ability to manage caring responsibilities
– Improved job satisfaction
For many employees, flexibility also supports long-term career sustainability and reduces burnout.
Benefits of flexible working for employers
For employers, flexible working can lead to:
– Improved employee retention
– Stronger recruitment outcomes
– Reduced absence levels
– Increased engagement and productivity
– Broader talent pools
– Improved employer reputation
Flexible working can also support diversity and inclusion by making roles more accessible to a wider range of candidates and employees.
Reasons to decline a flexible working request
Although employers must consider requests fairly, there are eight legally valid reasons to decline flexible working requests under UK law.
The eight statutory reasons are:
– Additional costs that would negatively affect the business
– Inability to reorganise work among existing staff
– Inability to recruit additional staff
– Negative impact on quality
– Negative impact on performance
– Negative impact on customer demand
– Insufficient work during the proposed working times
– Planned structural changes
However, simply relying on one of these reasons is not enough. Employers should be able to demonstrate:
– How the issue applies in practice
– Why alternatives were not viable
– That the request was properly assessed
For example, declining a request because “the role needs office presence” without clear evidence or explanation may create legal risk, particularly where similar arrangements exist elsewhere in the business.
Consistency is critical. Employers should ensure comparable requests are treated fairly to avoid perceptions of bias or discrimination.
Further changes are expected as part of the implementation of the Employment Rights Act (2025). It is likely that, in addition to a refusal for flexible working being due to one of the eight statutory reasons, the employer will also have to explain why the refusal is reasonable. We anticipate these changes will be made in 2026 or 2027.
Common mistakes employers make
Many flexible working disputes arise not because employers refuse requests, but because the process itself is poorly managed. Common mistakes include:
– Inconsistent decision-making -Approving one request while refusing another without clear justification can create significant employee relations risks.
– Failing to consult properly – Employers should not make immediate decisions without discussion. Consultation is now an expected part of the process.
– Poor documentation – Failing to record assessments, discussions and decision-making makes it difficult to demonstrate fairness later.
– Missing statutory timelines – Employers must respond within two months unless an extension is agreed.
– Applying blanket rules – Policies such as “all managers must work full-time in the office” may create discrimination risks if individual circumstances are not properly considered.
– Focusing only on presenteeism – Modern flexible working requires managers to focus more on outcomes and performance rather than visibility alone.
Creating a flexible working policy that works
A strong flexible working policy helps create consistency, transparency and confidence across the organisation.
An effective policy should include:
– Eligibility and request procedures
– Timescales for responses
– Consultation processes
– Assessment criteria
– Trial period guidance
– Review arrangements
– Appeal procedures
– Clear manager responsibilities
Policies should also reflect organisational culture and operational realities rather than simply repeating legal wording.
Importantly, policies should support fair decision-making while still allowing managers appropriate flexibility to assess individual situations.
Many organisations are now reviewing their long-term hybrid and flexible working strategies to ensure policies remain practical, sustainable and aligned with evolving employee expectations.
Regular policy reviews are essential to ensure guidance remains aligned with current legislation and evolving workplace practices.
How Roots HR can support your flexible working processes
At Roots HR, we help organisations move beyond compliance and create flexible working approaches that genuinely work in practice.
Managing flexible working requests fairly and consistently can be challenging, particularly as legislation and employee expectations continue to evolve. Employers are often balancing operational requirements, employee wellbeing, legal compliance and team consistency all at the same time.
We support organisations with:
– Developing and reviewing flexible working policies
– Managing complex flexible working requests
– Training managers on fair and compliant decision-making
– Supporting consultation processes
– Reducing employee relations risks
– Ensuring compliance with UK employment law
Our approach combines legal awareness with practical HR experience, helping businesses implement processes that are both compliant and commercially realistic.
Whether you need support reviewing your policies, handling complex requests or strengthening manager confidence, Roots HR can help. We work with organisations to create practical, people-focused HR solutions that support both operational success and employee wellbeing.
As part of our social impact work, Roots HR offers up to one hour of free HR consultancy to social sector organisations. You can book your free one-hour HR consultancy session to discuss your current challenges, explore your options and talk through next steps here.
Frequently Asked Questions
What is flexible working in the UK?
Flexible working refers to arrangements that allow employees flexibility over where, when or how they work. This can include hybrid working, part-time hours, compressed hours, remote working and flexitime.
How many flexible working requests can an employee make?
Under current UK legislation, employees can make two flexible working requests within a 12-month period.
Can an employer refuse flexible working requests?
Yes. Employers can refuse requests where there is a valid business reason recognised under UK law. However, requests must still be handled fairly and reasonably.
What are valid reasons to decline flexible working?
Legally valid reasons include negative impact on performance, customer demand, quality, costs or the ability to reorganise work among existing staff.
How long does an employer have to respond to a request?
Employers must respond to a flexible working request within two months unless an extension is agreed with the employee.
