Flexible Working Law All Employees Need to Know
In April 2024, the UK government expanded flexible working rights for all employees.
These updates now make it easier for employees to request changes to their working patterns, allowing for a bit more freedom and control over how, when, and where they work.
For employers, the changes naturally bring new responsibilities, including shorter timeframes for responding to requests and the need to consider all requests fairly.
From an HR perspective, it’s important for both parties to understand how the flexible working law works. This not only helps prevent uncomfortable misunderstandings, but it also gives employees the chance to take full advantage of the opportunities this new law presents.
What is classified as flexible working?
Flexible working can take many forms, with the most common arrangements including:
Part-time hours: Working fewer hours than a standard full-time schedule, either on a permanent or temporary basis.
Remote working: Working away from the workplace, often from home or another location.
Hybrid working: Working in the workplace sometimes and away from the workplace at other times, often from home or another location.
Compressed hours or flexitime: Working the same total hours over fewer days, or adjusting start and finish times within agreed limits.
Job sharing or staggered start times: Two people sharing the responsibilities of one role, or employees starting and finishing at different times to suit personal needs.
These arrangements can then be combined or adapted to suit the unique needs of each employee and business.
Why flexible working matters
In our experience as HR Partners, we’ve seen flexibility become increasingly more important for workers. This was in part driven by the pandemic, which reshaped how many people view work and the role it plays in their lives.
For employees today, flexible working symbolises work-life balance, wellbeing, autonomy, and trust—but employees aren’t the only ones who value flexible working arrangements. For employers, flexible working now helps attract talent, retain employees, reduce overhead costs, and create a more engaged, resilient workforce.
When handled well, flexible working becomes a win-win, helping businesses become more competitive while also enhancing the quality of life for employees.
What does the flexible working law say?
The Flexible Working Act (Section 47 of the Employment Act 2022), which came into effect in April 2024, expanded access to flexible working opportunities for employees in England, Scotland, and Wales.
The table below highlights four notable changes for employers.
| Previous Rules | April 2024 Updates |
|---|---|
| Employees had to complete 26 weeks of employment before requesting a flexible working arrangement. | Employees now have the right to request a flexible working arrangement from day one of employment. |
| Employees could only make one formal flexible working request within a 12-month period. | Employees can now submit up to two formal flexible working requests within a 12-month period. |
| Employers must respond to flexible working requests within three months. |
Employers must now respond to flexible working requests within two months. This includes the full process: considering the request, holding any meetings, communicating outcomes, trial periods (if used), and handling any appeals. |
| In a flexible working request, employees were required to explain the potential impact a flexible working arrangement may have on the employer and how that impact would be handled by the employee. | Employees no longer have to explain the potential effects a flexible working arrangement may have on their employer. |
Tip for managers: Flexible working requests don’t always arrive as formal letters; employees may raise them verbally or casually. Even if it’s informal, it still counts. If a request comes in this way, encourage the employee to put it in writing. That way, the process is clear, and the two-month timeline can be managed properly.
Who’s eligible for flexible working and how the process works
Under the updated flexible working law, all employees—regardless of role or seniority—have the right to request flexible working from day one of employment.
Submitting a request typically involves:
Writing to the employer and proposing a change to working arrangements, detailing the changes in the number of hours worked, start/finish times, days worked, and location of work.
Stating when the change starts and whether the change is permanent or temporary.
Sending the request through the agreed company process, often to a line manager or HR contact.
After receiving the request, employers must:
Consider the request fairly and thoughtfully
Respond to the request within two months
If the request is accepted, the employer must respond in writing with a statement of the agreed changes and a start date. If the company plans to deny the request, the employer must first discuss the request with the employee and let them know the application has been refused.
While there is no guarantee that an employee’s request will be approved, the updated process is designed to be fair and transparent, balancing the needs of the employee with the realities of the business.
Reasons an employer can refuse a request
Employers are required, by law, to consider all flexible working requests carefully and respond within two months. Again, employers are not obligated to approve every request for a new flexible working arrangement, but refusals must be based on one or more of the following eight legal grounds for refusal:
The new arrangement would result in extra costs harmful to the business.
Work cannot be redistributed among existing staff.
It’s not possible to recruit more staff to cover work.
Flexible working will affect the quality of the work.
Flexible working will affect employee performance.
The proposed arrangement would make it difficult to meet customer demand.
There would be insufficient work available to do during the requested working hours.
The business already has planned changes to the workforce in place.
Navigating a refusal takes a delicate approach. It’s essential for employers to give clear reasons for the refusal in writing, demonstrating that the reason for the refusal is genuine and based on evidence. A refusal that’s poorly explained, inconsistent, or discriminatory can create both legal and reputational risks, especially in small to medium-sized businesses where word travels quickly.
Final thoughts and best practices
A clear, fair approach to flexible working starts with a policy that everyone can understand and use. With a clear policy in place, managers can handle requests consistently and manage expectations from the get-go.
If you don’t have a flexible working policy in place, consider the following best practices for navigating flexible working requests going forward:
Manage requests fairly and consistently, using objective criteria to evaluate the situation for each employee and apply the same standards across your business.
Communicate decisions promptly, explaining your reasoning in plain language that’s easy to understand.
Find common ground, offering alternatives where possible if an exact request won’t work.
Provide guidance and training to managers, so they feel comfortable discussing flexible working arrangements with their team.
Maintain good documentation, making sure to keep written records of all requests, responses and any discussions.
Even in cases where a request can’t be approved, the way you communicate that decision still builds trust and shows your employees their needs have been taken seriously.
Need help setting up or reviewing your flexible working policy?
Get in touch, and we can help you design a policy that meets the latest flexible working law requirements, aligns with your business goals, and keeps your employees informed and happy.