The statutory right to request flexible working, which as of April 2024 became a day one right, is one of the most significant employment law developments in recent years. With proposals under the Employment Rights Bill to further extend rights around flexible working, it is important employers remain up to date on the legal position.
Employees now have the legal right to make two formal requests for flexible working within a 12-month period, covering arrangements such as change of work location, compressed hours, job-sharing, or staggered start and finish times.
What is the statutory right to request flexible working?
While the law does not oblige employers to grant every request, it does impose a clear duty to handle requests fairly, reasonably, and without delay. Employers must provide a response within two months (unless an extension is agreed), and any refusal must be based on one of the eight statutory grounds.
Why does this matter?
Behind every flexible working request is a story. For example, a parent trying to juggle school drop-offs, an employee managing their work-life balance, or someone seeking to work around other vital external commitments. For them, flexibility is not a perk - it is often the difference between thriving at work and needing to consider alternative employment, or potentially even leaving the workforce altogether.
Failure to handle a request properly may open the door to claims of constructive dismissal, breach of statutory procedure, or even discrimination, especially where requests are linked to protected characteristics such as disability, childcare responsibilities, or religious practices. In fact, employers risk more than just a legal claim - getting it wrong can damage trust, morale, and your reputation as an employer of choice.
The benefits of embracing flexible working
Not every role lends itself easily to remote or part-time structures and that the instinctive reaction may be to worry about productivity or operational disruption. However, businesses that embrace flexibility often report:
- Higher retention - reducing recruitment costs,
- Better engagement - employees who feel trusted and valued are more committed,
- Greater diversity - flexibility opens doors to talent that might otherwise be excluded.
Key steps for employers
Therefore, whilst there are reasons whereby a flexible working request may not work for a specific role, or at a specific time, and an employer can refuse a request should it fall within one of the eight permitted reasons of refusal; it is important to ensure any refusal is genuine and legally compliant. To this end, employers need to consider whether a compromise can be reached on the request, as opposed to a full refusal, or whether a trial period may help to determine the practical feasibility of the request in practice.
For employers, the April 2024 changes aren’t just a compliance issue, but an opportunity to strengthen your culture.
Key steps include:
- Review and update your flexible working policy to reflect the legislative changes.
- Train managers to recognise and fairly evaluate requests.
- Document the decision-making process carefully to minimise legal risk.
- Consider the broader organisational benefits of saying “yes” where possible.
Tips for employees making a request
For employees, making a flexible working request is more effective when you balance your needs with your employer’s realities.
Keep in mind:
- Frame your request clearly, showing how it can work for both you and your employer. Since April 2024, it is no longer required for an employee to explain the impact of their request on the business or how the business may seek to manage this. However, adding your views on this will likely assist your employer in considering your request, and consequently achieving the ultimate goal of your request being accepted.
- Be aware of your legal rights, but also the operational realities your employer may face.
- Be proactive in considering ways in which a compromise could be reached if your employer cannot fully accept your request and be open to trial periods.
- If your request is refused, ensure the reason given aligns with the statutory grounds.
Flexible working as an expectation
The truth is that flexible working has become more than a statutory right - it is an expectation of many of the workforce. Employees increasingly see it as an indication of whether an organisation is forward-thinking or outdated. For employers, the question is not “can we allow flexibility?” but “can we afford not to?”
How Wright Hassall can help
At Wright Hassall, our expert Employment Law team helps both employers and employees navigate flexible working requests. From drafting robust policies and guiding managers through tricky situations, to supporting employees whose rights may have been overlooked, we make flexible working a source of strength - not a source of conflict.
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.
