With many children starting school this September, or moving from primary to senior school, employers may experience an increase in flexible working requests from parents wanting to adjust their hours to accommodate school runs or term-time routines.
Flexible working is of course not limited to childcare and has also become a valuable option for many employees with COVID-19 accelerating both the understanding and demand for it. There are a variety of reason why employees may want to make a flexible working request, including but not limited to, help balance caring commitments, health challenges, external social arrangements, or simply a greater work-life balance.
On 6 April 2024, significant reforms to the statutory right to request flexible working came into force. Alongside these reforms, the ACAS Code of Practice on Handling Flexible Working Requests was updated, providing detailed guidance on how employers should deal with requests fairly and lawfully. Together, these developments make it essential for employers to ensure policies and processes are up to date, and that managers are trained to handle requests consistently and in accordance with the current legislative position.
In this article, we outline the key changes to the statutory right to make a flexible working request which came about in April 2024, the process employers ought to follow when dealing with such requests, and the steps organisations should take to remain compliant and well prepared.
New flexible working laws in April 2024
Employers should be aware of the following updates:
- Day one right: Employees no longer need 26 weeks’ service before making a request; they are now entitled to do so from the very first day of their employment.
- Two requests permitted: Employees may now make two requests in a 12-month period, doubling the previous allowance of just one request.
- Shorter response timeframe: The employer must respond to a request within two months (unless an extension is agreed).
- No requirement for employees to explain impact: Employees are no longer required to set out how their request might affect the business or how any impact could be managed. That being said, it is helpful for this to be discussed still during the consideration of a request.
- Consultation before refusal: Employers must now consult with the employee before rejecting a request, ensuring that a meaningful discussion takes place before a decision is made.
Key legal changes employers should know
These reforms give employees greater rights while placing stronger obligations on employers to handle requests fairly.
The flexible working request process
- Making a request: Employees may make up to two formal requests in any 12-month period. These must be submitted in writing, confirm it is a statutory request for flexible working, set out the changes sought along with the proposed start date and confirm if and when the employee has made any previous flexible working requests to the employer.
- Employer’s duty: Requests must be considered reasonably, and a consultation with the employee is now mandatory before any refusal (only if the employer is agreeable to the flexible working request in full will a meeting not need to occur). The ACAS Code emphasises that discussions should be meaningful and aimed at genuinely exploring solutions.
- Timescales: Employers must decide and communicate an outcome within two months of receiving the request, unless both parties agree an extension. This decision should again be confirmed in writing for clarity, and without any unreasonable delay taking into account that this timeframe includes a response to any appeal as well.
- Trial periods and compromises: Where full acceptance is not possible, employers should consider whether adjustments or a trial arrangement can be agreed to see if the request would work in practice over a short period of time.
- Outcome: There are a variety of potential outcomes - the request can be agreed, adjusted by mutual consent to a different flexible arrangement that works for both employer and employee, trialled or refused. However, refusals can only be based on one of the eight statutory grounds. If agreeing to the request (or a version of this), record the pattern agreed, any review points and any time-limit/trial arrangement. If refusing, give the specific statutory ground(s) and enough explanation for the reasoning to be clear to the employee.
- Appeals: Although not a statutory requirement, allowing an appeal is regarded as best practice under the ACAS Code of Practice. Offering employees the right to appeal a refusal demonstrates fairness, gives an opportunity to resolve misunderstandings, and strengthens the employer’s position if a decision is later challenged. By contrast, failing to offer an appeal may be viewed unfavourably by a tribunal and could undermine the employer’s defence in any claim.
Employer’s duty and consultation
Employers are expected to engage meaningfully with employees, exploring possible solutions before making a decision.
Business grounds for refusing a request
Employers are not obliged to grant every request for flexible working. However, a request may only be refused if it falls within one of the following statutory business grounds, these being as follows:
- Additional costs: Agreeing to the request would impose a burden of extra costs on the business.
- Customer demand: The change would have a detrimental effect on the ability to meet customer demand.
- Reorganisation of work: The work cannot be reorganised among existing staff.
- Recruitment difficulties: Additional staff cannot be recruited to cover the proposed change.
- Impact on quality: The arrangement would have a detrimental effect on the quality of products or services.
- Impact on performance: The arrangement would have a detrimental effect on performance levels.
- Insufficient work: There would not be enough work available during the periods the employee wishes to work.
- Planned structural changes: The request would not fit with planned structural changes within the organisation.
The eight refusal grounds explained
Employers should, as far as possible, be able to demonstrate evidence supporting the ground(s) relied upon. A vague or blanket refusal is unlikely to be sufficient and may give rise to legal challenge.
Risks of mishandling requests
Handling flexible working requests properly is not just about following procedure. Getting it wrong can expose employers to a range of legal, reputational and employee relations risks. Tribunals are increasingly critical of employers who reject requests without evidence or meaningful consultation.
Mishandled requests may lead to claims of breach of statutory procedure, constructive dismissal or discrimination. Even if a refusal fits one of the eight statutory business reasons, decisions must still comply with the Equality Act 2010. Flexible working requests frequently engage equality duties, so it is important that employers approach each case with evidence, consistency and care.
Where risks commonly arise are:
- Childcare & sex discrimination: Rules about fixed or longer hours often affect women more because of childcare responsibilities. Refusing a request without strong business evidence can amount to indirect sex discrimination, so employers must be able to justify why the arrangement is genuinely necessary.
- Disability: Treat disability-related requests through two lenses; the flexible working regime and the separate duty to make reasonable adjustments. Consider Occupational Health input, adjusted hours, location, duties, breaks, phased returns and short trials with review points. Also watch for discrimination arising from disability where attendance/availability is affected by symptoms or treatment.
- Religion or belief: Patterns around prayer times, religious observance or festivals may require scheduling tweaks or breaks. Explore workable alternatives and record why any were not feasible.
- Age: Requests linked to phased retirement or reduced hours may raise age discrimination issues. Any refusal should be based on clear business evidence, not assumptions about capability.
- Pregnancy/maternity: Requests linked to pregnancy or caring for a baby need careful handling. Refusing without good reason could lead to automatic unfair dismissal or discrimination claims being made, so employers should take extra care to respond fairly and supportively.
Beyond the law, a poorly managed request can damage trust and confidence in the working relationship and morale. Employees who feel unheard or unfairly treated may disengage, look for alternative employment or raise grievances, creating unnecessary workplace conflict.
In addition, flexibility is now seen as an indicator of a modern, attractive employer. A reputation for rejecting requests unfairly can harm recruitment and retention, particularly in a competitive market where candidates are prioritising work-life balance.
On the other hand, employers who embrace flexible working often report tangible benefits: improved staff retention, reduced recruitment costs, higher levels of engagement and access to a wider and more diverse talent pool. Flexible working can also enhance resilience by encouraging businesses to think creatively about how work is organised.
Thus, managing flexible working requests fairly and lawfully is both a compliance issue and a strategic opportunity. Employers who take a constructive approach are better placed to avoid disputes and build a workplace culture that supports long-term success.
Updating policies and training managers
Your Flexible working policy should:
- State that the statutory right to make a flexible working request is a day-one right and the limit of two-requests-per-year limit.
- Commit to a two-month decision period (including any appeal).
- Build in a mandatory consultation meeting (unless there is straight forward acceptance of the request) and consider allowing accompaniment (considered good practice).
- Set out the eight refusal reasons and confirm that written, reasoned outcomes will be provided to any requests made.
- Provide for appeals, trial periods and reviews.
- Explain that only one statutory request can be active at a time; and
- Set out how the business will deal with any informal (non-statutory) flexibility requests - generally, for consistency purposes, it is best to handle requests in accordance with the formal policy.
Also ensure your manager guidance aligns with your policy and provide training to managers so they understand both the legal requirements and your organisation’s approach.
Conclusion: Why employers must act now
Flexible working is now part of everyday working life. The law gives employees greater rights, but how employers respond will make the real difference. A fair and well-documented process not only reduces the risk of legal challenge but also helps build trust and retain good people.
The message for employers is straightforward: update your policies, train managers and consider each request seriously and reasonably. Approached in the right way, flexible working can be a practical tool for meeting business needs while supporting staff at the same time.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
