Flexible Working
Flexible working has become a key part of how many organisations operate. From 6 April 2024, employees no longer need 26 weeks’ service to request flexible working – the right to request is now a day one right. This means any employee can make a flexible working request from the first day of their employment.
Flexible working involves adjusting how, where, or when work is carried out. This may include:
- Part-time working
- Compressed or varied working hours
- Term-time only working
- Hybrid working (part-office / part-remote)
- Fully remote working
- Job-sharing arrangements
Flexible working can support employee wellbeing, productivity, and work-life balance while helping employers attract and retain skilled staff.
How We Support Employers
Receiving a flexible working request can raise practical, operational, and cultural considerations. We work with employers to help them:
- Understand their legal obligations under the updated flexible working regime.
- Follow a fair and transparent consultation process.
- Communicate clearly and constructively with the employee.
- Explore solutions (including trial periods) that balance business and personal needs.
- Ensure any refusal is based on accurate, objective business reasons.
- Reduce the risk of grievances or Employment Tribunal claims.
We specialise in preventing disputes before they arise, supporting managers to respond sensitively and lawfully.
If you are building a hybrid or flexible working strategy, we can also help you create consistent policies and guidance for your organisation.
How We Support Employees
If your request for flexible working has been refused, or not handled properly, we can help you:
- Understand whether the refusal was lawful and reasonable.
- Raise concerns through a clear internal grievance.
- Consider whether the refusal may amount to discrimination (especially where caring responsibilities, sex, pregnancy, or disability are relevant).
- Bring a claim in the Employment Tribunal where appropriate.
We will listen, advise, and support you in choosing the best next steps.
Contact Us
The Future of Flexible Working
The pandemic demonstrated that flexible and remote working can be effective and sustainable across many roles. As a result:
- Employees now often expect flexibility as standard.
- Organisations benefit from improved retention and wellbeing.
- Previous assumptions about what “must” be office-based may no longer apply.
Employers should be prepared to consider flexible working requests thoughtfully and in good faith. Reasons used historically to refuse flexible working may no longer be reasonable if the role has been performed differently in practice.
When Can a Flexible Working Request Be Refused?
Under the statutory framework, a formal flexible working request may only be refused for one or more of the following eight business reasons:
- Planned structural changes
- The burden of additional costs
- A negative impact on quality or performance
- Inability to recruit additional staff
- Inability to reorganise existing work
- Negative impact on customer or service demand
- Insufficient work available during proposed working hours
- Any other reason that is genuinely justified based on business need
Employers should evidence their reasoning clearly, consider alternatives, and discuss options openly with the employee before making a decision.
Get in Touch
Whether you are an employer managing requests or an employee seeking support after a refusal, we are here to help.
Contact us at enquiries@thrivelaw.co.uk to speak with one of our flexible working specialists.
