How to handle a flexible working request

A flexible working request is an application by an employee to change their working patterns, hours or location.

Flexible working can include requests to work part-time, to work from home on certain days, or to compress hours.

The law changed in April 2024 to enable employees to make a flexible working request from day one of their employment, meaning today’s workforce is more likely than ever to request an alternative working pattern.

In this blog, our employment law solicitors explain what employers need to know about flexible working requests and how to manage them.

How to respond to a flexible working request

If an employee applies for flexible working, you have to decide whether to accept it or reject it within two months of the request.

When considering the flexible working request, you must do so in a ‘reasonable manner’. But what does this mean? Essentially, you should assess the effect your employer’s change may have on the business, keeping an open mind. The effect/s could be positive or negative. If the negatives are more significant than the positives and would have a significant impact on the business, you might consider rejecting the employee’s flexible working request.

If you are happy to accept the flexible working request, you should notify them in writing and update their employment contract.

Does an employer have to accept a flexible working request?

As an employer, you do not have to accept a flexible working request straightaway and automatically. However, you must have a valid and genuine business reason to refuse it. You cannot reject a flexible working request simply because it is inconvenient for you.

Reasons to reject flexible working

To reject a flexible working request, it must be for one or more of the following business reasons, as set out in the Employment Rights Act 1996:

• It would incur extra costs that would damage the business.
• The employee’s work cannot be reorganised among other staff.
• People cannot be recruited to do the work needed.
• Flexible working will affect quality and performance.
• The business will not be able to meet customer or client demand.
• There’s a lack of work to do during the proposed new working times.
• The business is planning changes to its workforce.

When considering these business reasons, you should be mindful not to discriminate unlawfully against the employee concerning any of the protected characteristics within the Equality Act 2010. For example, age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Failure to consider a flexible working request in line with your legal obligations under the Equality Act 2010 could result in a discrimination claim against you.

How to refuse a flexible working request

You must not reject a flexible working request without consulting with the employee first. This is an opportunity to ensure all the relevant information is understood by both parties, and to ask and answer any questions.

You must notify the employee of the meeting details (bearing in mind the two-month period for accepting or declining a flexible working request) and ask if they would like to be accompanied by a colleague or HR representative.

After this discussion, you may decide to reject their original flexible working request but consider an alternative or modified request. For example, if the employee requested to work three days instead of five, and there is a valid business reason to reject this, they may agree to request four instead, with the view of this being more workable.

If you wish to reject a flexible working request, you must do so in writing, clearly explaining the business reason/s for doing so.

Can an employee appeal a flexible working rejection?

Employees do not have a statutory right to appeal a flexible working request rejection; however, it is good practice to allow them to do so.

If an employee wishes to appeal the flexible working decision, they must follow your internal procedure for appeals and solving workplace disputes if the rejection causes issues to arise. If you do not have a specific procedure for appealing this type of decision, you should follow the general grievance procedure, which can normally be found in the staff handbook.

How many flexible working requests can an employee make?

Employees can make two applications for flexible working per calendar year. This changed in April 2024 (previously, it was only after 26 weeks of continuous employment).

A flexible working request should include:

• The date.
• Details of how they wish to work flexibly.
• When they would like the change to be effective from.
• An explanation of how they think flexible working may affect the needs of the business, and how this could be dealt with.
• A statement saying whether and when they have made a prior application for flexible working.

Contact our employment law solicitors in Bristol

Need help with managing flexible working requests? For expert legal advice on handling this type of request and anything else employment-related, contact our employment lawyers.

Call us on 0117 325 2929 or fill out this enquiry form, and we will be in touch.