Flexible Working Requests: What Employees and Employers Need to Know
Flexible working is no longer just a benefit; it has become a core expectation for employees across the UK. With the Employment Relations (Flexible Working) Act 2023 now fully in force since April 2024, all employees can request flexible working from their very first day of employment. This change has important implications for employers, who must consider requests carefully and respond in a fair and legally compliant way.
Understanding the current legal framework and practical considerations is essential for businesses that want to attract and retain talent while avoiding potential disputes. If you are unsure how these changes affect your organisation, our Employment Law team can provide tailored guidance.
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What Is Flexible Working?
Flexible working covers any arrangement that changes the standard pattern of working hours, location, or schedule. Common examples include:
- Remote or hybrid working – allowing employees to work from home or alternate locations.
- Part-time roles – reducing standard hours while maintaining responsibilities.
- Compressed hours or flexible schedules – adjusting start and finish times to suit employee needs.
- Job sharing – splitting one role between two employees.
The current framework ensures that employees can make these requests from day one, rather than waiting until they have completed 26 weeks of service. This reflects the growing recognition that flexible working is central to modern employment practices.
Legal Obligations for Employers
While employees now have the right to request flexible working immediately, employers are not required to approve every request. However, they must consider each request reasonably and provide a written response. Employers should ensure that:
- Requests are assessed fairly, taking business needs and operational requirements into account.
- Requests are not ignored or unreasonably delayed.
- Decisions are documented, and clear reasons are provided if a request is declined.
Failure to follow proper procedures can lead to grievances or claims of unfair treatment. Employers who manage requests thoughtfully can balance operational needs with employee rights, reducing legal risk while maintaining engagement.
Practical Steps for Employers
To comply with the current rules and manage flexible working effectively, employers should:
- Review HR policies – update contracts, handbooks, and internal policies.
- Train managers – ensure they understand how to handle requests fairly and communicate decisions clearly.
- Plan workforce schedules – consider how flexible arrangements may affect team coverage and workloads.
- Document all decisions to maintain a clear record of requests and outcomes.
- Use technology to support hybrid working and performance monitoring.
- Communicate clearly with employees about their rights and the request process.
Strategic Benefits of Flexible Working
While managing flexible working may seem challenging, it also offers several advantages for employers:
- Improved recruitment and retention – flexibility is highly valued by modern employees.
- Enhanced productivity and engagement – employees with control over their schedules are often more motivated.
- Reduced absenteeism – flexible arrangements help employees manage personal commitments.
- Stronger employer brand – organisations known for supporting flexibility are more attractive to candidates.
Conclusion
Flexible working is now a key feature of UK employment law. Employers who update policies, train managers, and plan operationally can not only comply with current obligations but also leverage flexible working as a tool to attract and retain talent. By proactively managing flexible working requests, businesses demonstrate a commitment to modern, inclusive employment practices while minimising legal risk.
Need Guidance on Flexible Working Law?
At Wildings Solicitors, our Employment Law specialists advise both employers and employees on all aspects of statutory flexible working rights, workplace policies, and disputes. If you would like expert guidance on reviewing or updating your organisation’s flexible working policies, contact our Employment Law team at Wildings Solicitors today.
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