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 With Flexible Working
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 With Flexible Working
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 employment law specialists.
Flexible working covers any arrangement where an employee works differently from the standard pattern set out in their contract. That might mean different hours (part-time, compressed hours, annualised hours), a different location (home working or hybrid), or a different pattern (flexitime, job sharing, term-time only). It’s not a single arrangement but a broad category, and what works well varies significantly between roles, teams and businesses.
The law gives eligible employees a statutory right to request flexible working, but not a right to have that request granted. Employers can refuse on specific statutory grounds. That said, employers who default to refusal without genuine consideration tend to find it harder to attract and retain people, and the legal framework has tightened significantly since 2024.
Since April 2024, all employees have the right to request flexible working from their first day of employment. Previously, 26 weeks’ service was required before a request could be made. Employees can now make two requests in any 12-month period (previously one), and employers must respond within two months.
These changes came in under the Employment Relations (Flexible Working) Act 2023 and also introduced a new requirement: employers must consult the employee before refusing a request. A letter of refusal without any discussion is no longer enough. Our training on flexible working rights and requests covers what managers need to know.
Yes, but only on one or more of the eight statutory grounds:
- the burden of additional costs;
- a detrimental effect on the ability to meet customer demand;
- an inability to reorganise work among existing staff;
- an inability to recruit additional staff;
- a detrimental impact on quality;
- a detrimental impact on performance;
- insufficiency of work during the periods the employee proposes to work; or
- planned structural changes.
The employer must also consult with the employee before refusing. Simply citing a ground without discussion is not enough. If an employer refuses without a proper process, or gives a reason that doesn’t genuinely fit one of the grounds, the employee can bring a claim at the Employment Tribunal. Policies on flexible working are worth reviewing regularly as this area of law continues to develop.
Acknowledge it promptly and arrange a meeting to discuss it. The meeting is a legal requirement since the 2023 Act changes: you can’t simply accept or refuse in writing without engaging with the employee first. At the meeting, listen to what the employee is proposing and the reasons behind it. Consider the operational impact honestly, and document your reasoning.
If you’re minded to refuse, you need to be able to point to a genuine statutory ground. If you approve, document the new arrangement clearly and consider whether the contract needs to be varied. Where you’re uncertain about the legal position, take advice before responding. Get in touch with our team here.
