Flexible working is no longer just a perk; it is a legal right. Here’s what you need to know to stay compliant, competitive and support your workforce effectively. 

Key Legal Changes 

Flexible working legislation was updated on 6 April 2024. This is what you need to know: 

• Flexible working can be requested from day one of employment.  

• Employees are entitled to make two requests in 12 months.  

• Employers must respond within two months, including any appeal. 

• An employee must be consulted with before their request is rejected. 

• A request can only be refused for one of eight specific business reasons: 

• Burden of additional costs 

• Inability to reorganise work amongst existing staff 

• Inability to recruit additional staff 

• Detrimental impact on quality 

• Detrimental impact on performance 

• Detrimental effect on the ability to meet customer demand 

• Insufficient work available for the periods the employee proposes to work 

• Planned structural changes to the business 

• Employers must explain their decision, ideally in writing, and employees have the right to appeal. 

Failing to follow these steps could lead to employment tribunal claims, especially if the refusal is considered discriminatory against the employee in relation to any of the protected characteristics. 

If an employee is requesting flexible working due to having a disability, you must make reasonable adjustments to remove any disadvantage related to their disability. This is a legal obligation under the Equality Act 2010. 

The Numbers Behind the Shift 

The appetite for flexible working is growing: 

• 87% of employees want to work flexibly.¹ 

• The number of employees working flexitime rose from 3.2 million in 2013 to 4.2 million in 2024.² 

• 63% of workers operate remotely at least part of the time.³ 

Looking Ahead: Employment Rights Bill Changes 

The Bill currently working its way through parliament proposes, in 2027, to strengthen flexible working by making it harder for employers to refuse requests. This could mean: 

• You can still refuse a flexible working request on specified business grounds, but there will be a new requirement for any refusal to be “reasonable”. 

• If you are rejecting a request, the grounds for doing so need to be stated and explained as to why it is reasonable. 

• You must consult with the employee before refusing the request. This could mean following steps, which would be set out as part of this consultation requirement. 

Compliance Checklist for Employers 

To stay compliant: 

• Update your flexible working policy to ensure compliance. 

• Train managers on how to handle requests fairly and consistently. 

• Document all requests and decisions thoroughly. 

Why It Matters 

Beyond compliance, embracing flexible working can: 

• Improve employee retention  

• Enhance work-life balance, especially for parents and carers. 

• Expand your talent pool by attracting candidates who prioritise flexibility. 

Need help updating your policies, training your team, or managing a flexible working request? Contact us today to talk about how we can support you.