Striking a good work-life balance has become incredibly important for many, with more people making flexible working requests to help balance their professional and personal lives. Whether you are a parent, carer, student, approaching retirement, or simply striving for a better work-life balance, flexible working can offer a more sustainable and fulfilling way to work.
Thanks to recent legal changes, UK employees now have greater access to flexible working rights than ever before. What exactly are these rights, though? How do you exercise them, and what happens if your request is denied? Our team at Elite Law Solicitors includes legal professionals who understand flexible working requests intimately, which allows us to help you utilise your rights. In this guide, we will learn more about flexible working requests, your legal entitlements, how to make a request and what options you have if things do not go as planned.
If you require specialist legal advice and assistance relating to flexible working requests, get in touch and book an initial consultation with one of our Employment Lawyers by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
What is flexible working?
Flexible working refers to any working arrangement that departs from the traditional Monday-to-Friday, 9 am to 5 pm schedule. It enables employees to better align their work commitments with personal responsibilities or lifestyle needs. Common examples of flexible working arrangements include:
- Part-time hours: Working fewer days or hours than a full-time schedule.
- Flexitime: Choosing when to start and finish work within agreed limits.
- Compressed hours: Working full-time hours over fewer days (e.g., four 10-hour days).
- Remote or hybrid working: Working from home part or all of the time.
- Job sharing: Two people sharing the responsibilities of one full-time role.
- Staggered hours: Different start and end times for staff to ease family or commuting pressures.
- Annualised hours: Working a set number of hours over a year, with flexibility about when they are worked.
Flexible working is not just for parents or carers. It can benefit anyone, from students and older workers to people with health conditions or those seeking better mental wellbeing.
Your legal right to request flexible working
As of 6 April 2024, employees in the UK can request flexible working from the first day of their employment. This is a significant shift from the previous law, which required a minimum of 26 weeks’ continuous service. Under the Employment Relations (Flexible Working) Act 2023, key features of the statutory right to request include:
- The ability to make two formal requests in any 12-month period.
- A requirement for employers to respond within two months of receiving the request (this was previously three months).
- The removal of the obligation for employees to explain the business impact of the request (though doing so can still be helpful).
- A duty on employers to consult with employees before rejecting a request.
These changes aim to make flexible working more accessible and encourage employers to engage in meaningful conversations with their staff.
Who can make a flexible working request?
To make a formal, statutory flexible working request, you must be an employee. That means that contractors, agency workers and freelancers cannot make flexible working requests. You will also be limited to two statutory requests in 12 months. Finally, you must ensure that you submit your request in writing, clearly outlining the change you are seeking.
Even if you do not meet the above conditions, for example, if you are on a zero-hours contract or have recently returned from maternity leave, you can still make an informal request. However, informal requests do not offer the same legal protections as formal statutory requests.
How to make a statutory flexible working request
Your request must be submitted in writing, usually by email or letter, and should include the following pieces of information:
- The date of the request
- Details of any previous applications and when they were made
- A clear description of the change you are seeking (such as remote work on Fridays, a reduction in hours, or earlier start times).
- When you would like the change to take effect.
- Whether the change is permanent or temporary, and for how long.
- A statement confirming that the request is a statutory flexible working request.
It may also be useful to include details about how you think the change might affect the business and how this could be managed. Even though the law no longer requires you to explain the business impact, doing so can show that you have thought things through and may strengthen your case.
You should check your employer’s flexible working policy to clarify who you need to send the request to and if there is a specific form you need to use. If there is no policy, send the request to your employer or manager by email or letter. Your employer must then respond within two months, unless a longer time frame is agreed.
What happens after you submit a request?
Once you have made a statutory request, your employer must:
- Consider the request in a reasonable manner.
- Accept the request unless there’s a genuine business reason not to
- If the request is not agreed in full, consult with the employee before any decision is made and discuss any alternative options
- Make a decision within 2 months (maximum)
- Not dismiss or cause the employee detriment because of their request.
A consultation might take the form of a meeting, either in person or online (or over the phone if neither of these are possible), to discuss your proposal. This is an opportunity to clarify any questions, suggest compromises, or propose a trial period. Employers should approach these requests in good faith. While they are not obligated to grant every request, they are required to treat it seriously and fairly.
Valid reasons for refusing a flexible working request
Employers may refuse a request for flexible working, but only for one or more of the following eight statutory business reasons:
- The burden of additional costs.
- Detrimental effect on the ability to meet customer demand.
- Inability to reorganise work among existing staff.
- Negative impact on quality.
- Negative impact on performance.
- Insufficient work available during the proposed hours.
- Planned structural changes within the business.
- Inability to recruit additional staff
Refusals must be based on facts, not personal preference or bias. The employer’s reasoning should be evidenced and clearly communicated in writing.
Appealing a refusal
Although employers are not legally required to offer an appeal process, many good practice guidelines (including ACAS guidance) recommend doing so. If you are dissatisfied with the decision, check your internal policies to see if there is a formal appeal process you can follow. In your appeal, you can:
- Address any misunderstandings.
- Clarify points that may not have been considered, such as suggesting a trial period to test the arrangement.
- State why you felt the decision or procedure followed was not right
- Provide additional information or evidence.
Even if a formal appeal is not available, you can raise a grievance through your company’s procedures.
What if your flexible working request is unfairly refused?
If your employer does not follow the proper procedure or refuses your request without a valid reason, you may be able to challenge the decision and be awarded compensation. Legal action might be appropriate if:
- The employer did not respond within the statutory timeframe.
- There was no consultation or discussion.
- The refusal was rejected without a genuine statutory business reason for doing so
- The process was not handled in a reasonable manner.
- The employer did not deal with your request in line with the Acas Code of Practice on requests for flexible working.
- The way the request was handled or the decision was discriminatory.
Discrimination and flexible working
Certain rejections of flexible working requests can amount to unlawful discrimination, particularly where:
- A woman is denied flexible hours after maternity leave (potential indirect sex discrimination).
- An employee with a disability is refused adjustments needed to manage their condition (failure to make reasonable adjustments).
- A carer for a disabled or elderly person is denied flexible work, potentially resulting in associative discrimination.
Under the Equality Act 2010, employers must not directly or indirectly discriminate against employees with protected characteristics. If your request for flexible working relates to a health condition, disability, or caring responsibilities, it may be protected by law, and refusal without proper justification could be unlawful.
Can you take legal action?
If all internal options have been exhausted and you believe your request was mishandled or unfairly refused, you may be able to bring a claim to an Employment Tribunal.
You must first contact ACAS to start the early conciliation process, which aims to resolve disputes without formal litigation. If this fails, you can proceed with a tribunal claim, usually within three months minus one day of the refusal decision.
A tribunal can award compensation if your employer:
- Failed to follow the legal process
- Made a decision based on incorrect or unreasonable grounds
- Discriminated against you
At Elite Law Solicitors, we can advise you on whether your case has merit and guide you through the legal process. Our team are legal professionals with expertise in this area of law, so you can leverage our skills to strengthen your case.
Practical tips for employees
If you are considering submitting a flexible working request, here are some practical tips to improve your chances of success:
- Be specific and realistic about what you are asking for.
- Consider the business impact and propose solutions.
- Be open to compromise, such as trial periods or phased changes.
- Keep a written record of all correspondence and meetings.
- Seek legal advice if you are unsure of your rights or options.
Flexible Working Requests: How Elite Law Solicitors can help
Flexible working is a powerful tool for improving work-life balance, but successfully using the process can be quite intimidating. At Elite Law Solicitors, we provide expert support for employees at every stage of the journey. We can help you:
- Draft a persuasive flexible working request
- Understand your legal rights under employment and discrimination law.
- Challenge an unfair or discriminatory refusal.
- Assist or represent you in appeals, grievances, or tribunal proceedings.
Whether you are negotiating for hybrid work, reduced hours, or greater autonomy, our experienced employment solicitors are here to help you achieve a fair and workable solution.
If you are thinking about making a flexible working request, or have already been refused, contact us today for a confidential consultation with one of our Employment Lawyers. We will help you protect your rights and move forward with confidence. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified employment law solicitors such as those within our firm.
