Written by Cathy McCosker | 4th April 2024
For many employees flexible working is an important part of how they balance work with the rest of their lives – and for employers, it can play a role in attracting and retaining great people.
Since April 6 2024, employees have had the right to request flexible working from their first day of employment. This can include working from home or in the workplace, part-time hours, flexi hours, job sharing, compressed hours or staggered hours.
However, not every request will be possible to approve, so employers need to be ready to respond thoughtfully and consistently.
With further changes expected in 2027 through the Employment Rights Act 2025, now is a good time to check that your approach is clear and fair.
Here, we answer some of the questions we are often asked by clients and share practical guidance from our HR Consultants.
- What does the flexible working legislation mean for employees?
- What does the legislation mean for employers?
- What if we can’t accommodate a flexible working request?
- What would be the consequences of refusing a request?
- How does day-one flexible working impact recruitment and retention?
- What’s changing again in 2027?
- How we can support you
- FAQs
What does the flexible working legislation mean for employees?
The changes introduced in April 2024 made several important updates to how flexible working requests are handled. The biggest change is that employees can now request flexible working from day one of their employment. Previously, employees had to have worked for their employer for 26 weeks before they could make a statutory request.
Employees can also make two flexible working requests within a 12-month period, rather than the previous limit of one. You must now deal with these requests within two months, unless a longer timeframe is agreed with the employee.
Another change is that employees no longer need to explain what impact they think their request could have on the business or suggest ways of managing that impact. Instead, you, as an employer, are responsible for considering the practical implications of the request.
You must also consult with employees before refusing a request. This gives both sides an opportunity to discuss the proposed arrangement and explore whether there are alternative options that could work.
What does the legislation mean for employers?
The day-one right means you need to be prepared for flexible working requests from employees at any stage of their employment, including during their first few weeks in a role.
It is also worth reassuring managers that the rules do not remove your ability to say no. What they do require is a careful, considered approach – understanding what the employee is asking for, talking it through with them, and exploring whether the request, or a suitable alternative, could work.
The key is to approach the conversation with an open mind. A flexible working request should not be treated as a decision that has already been made before the discussion has taken place.
For more guidance on how to handle a flexible working hours request, read our blog here.
What if we can’t accommodate a flexible working request?
There will always be circumstances where flexible working is not possible for a particular role, team or business and you can still refuse a flexible working request if one of the eight statutory business reasons applies. These include additional costs that would negatively impact the business, difficulties reorganising work among existing employees, difficulties recruiting additional employees, a negative impact on quality, a negative impact on performance, an inability to meet customer demand, insufficient work available during the proposed working times and planned changes to the workforce.
However, relying on one of these reasons is not the end of the process. You should be able to show that you have genuinely considered the request, understood the potential impact and explored whether there is another way forward.
For example, could the request be adapted through a compromise that meets both the employee’s needs and the needs of the business? Is there another way of providing some flexibility – i.e. could you offer flexi-hours on some days instead of every day? Would a trial period help to see if their request could work permanently?
A well-considered refusal, supported by a clear explanation and a meaningful conversation, is far more likely to protect trust than a quick decision that leaves an employee feeling unheard.
What would be the consequences of refusing a request?
If a request is refused without following the correct process, or the decision is not based on one of the permitted statutory grounds, you could face legal risks. Employees may also raise a grievance if they feel their request has not been handled fairly. This is why it is important that flexible working policies, processes and manager training all reflect the current rules.
Managers are often the first people employees approach when they want to discuss flexible working. If they are unsure how to respond, or conversations are handled inconsistently, this can quickly create frustration and damage trust.
A strong process protects your business, but it also helps employees feel that their request has been genuinely considered, even where the outcome is not what they hoped for.
How does day-one flexible working impact recruitment and retention?
The day-one right to request flexible working can be an opportunity for your business. When handled well, flexible working can support happier, more engaged and more productive teams.
Offering flexibility can help people balance work with home life, caring responsibilities, health needs and other commitments. It can also open your organisation up to talented people who may not be able to work a typical 9-5.
When employees feel their needs are listened to and fairly considered, they are more likely to feel valued, stay longer and speak positively about your business. That can make a big difference to recruitment, retention and overall performance.
What’s changing again in 2027?
Changes under the Employment Rights Act 2025 are expected to come into force in 2027 and will place greater emphasis on how you consult before refusing flexible working requests and explain your decision.
You will still be able to refuse requests where one of the statutory business reasons applies. However, you will need to explain why you consider the refusal to be reasonable in the circumstances.
The aim is to encourage more meaningful conversations between employers and employees, so requests are carefully considered before any decision is made.
While these changes are not yet in force, now is a good opportunity to review your current approach.
If your process currently focuses mainly on identifying one of the eight refusal reasons, it is worth looking at whether you are also documenting the decision-making process, including the discussions you have had and alternatives you have considered.
How we can support you
If you are unsure whether your current approach is right, or you would like support with a particular request, we can help. Our HR consultants can review your flexible working process and support your managers with training, so they feel confident handling these conversations fairly and consistently.
To talk through your flexible working approach, get in touch with our team at info@realityhr.co.uk or call 01256 328 428.
FAQs
Can employees request flexible working from their first day?
Yes – since April 6 2024, employees have had the right to make a statutory flexible working request from their first day of employment. There is no minimum service requirement.
How many flexible working requests can an employee make?
Employees can make up to two flexible working requests within any 12-month period.
Does an employer have to approve a flexible working request?
Employees have the right to request flexible working, but you, the employer, do not have to automatically approve every request. A request can be refused where one of the eight statutory business reasons applies, provided it has been properly considered and you have discussed this with the employee.
What happens if an employer refuses a flexible working request?
You must follow the correct process and provide a valid reason for refusing a request. Failing to do so could lead to a grievance or legal claim.
Are flexible working rules changing again?
The Employment Rights Act 2025 is expected to introduce further changes to flexible working in 2027. You will still be able to refuse requests where there is a genuine business reason, but you will need to follow the required consultation process and provide clearer reasoning about why a refusal is considered reasonable.
Do managers need training on flexible working requests?
Managers are often the first people employees talk to about flexibility, so it is important they understand the process, know when to involve HR and feel confident handling conversations fairly.
Our training course on managing flexible working requests talks managers through the employment law around flexible working, the implications of accepting or rejecting requests, and how to handle the process from start to finish with confidence.
About the author: Cathy McCosker, HR Consultant
