Written by Heidi Wadsworth | 18th August 2026
For many employees, flexible working has become an important part of what they look for in an employer – and for some, a lack of flexibility can be the reason they decide to move on.
CIPD found that more than one million UK workers left their jobs in the past year because of a lack of flexibility, showing just how important this issue has become for retention, recruitment and employee engagement.
As a result, employers are seeing more requests come through, whether employees are asking to adjust their working hours, change a shift pattern or work from a different location. Flexibility is now seen as an expected part of workplace culture, rather than a perk or added benefit for many employees.
As Employers adapt to these changing expectations, many are also recognising the wider benefit flexible working can bring. Flexible working can help organisation attract a broader range of candidates by opening up opportunities for people who may not be able to commit to a traditional nine-to-five. That makes flexible working a genuine business opportunity.
Understandably, though, it won’t always be possible to say yes. Employees have had the right to request flexible working from day one of their employment since April 2024, but that right is to have the request considered properly – not to have it automatically approved.
That makes the way you handle requests just as important as the decision itself. A clear, considered “no”, backed by a genuine reason and a proper conversation, will protect your business and your relationship with that employee far better than a vague “yes” you can’t deliver on, or a rushed “no” that hasn’t been thought through.
With the Employment Rights Act 2025 also expected to tighten the rules around flexible working requests in 2027, now is a good time to make sure your approach is fair, consistent and well documented.
Here, we look at what the current rules mean for employers, what good practice looks like and why it’s worth getting your approach right now.
What counts as flexible working?
Flexible working often brings remote or home working to mind, but it covers more than location.
Requests might involve compressed hours, job sharing, phased retirement, staggered hours, part-time work, term-time work, flexitime, shift patterns, or changes to working days and times.
Flexible working is about changing the time or place someone works, and the right arrangement depends on the employee, their role and the needs of the business. What works for one person or team may not work for another.
Right to request, explained
Since April 2024, all employees have had the right to request flexible working from day one of their employment, and they can make two statutory requests in any 12-month period. This applies to every employee, regardless of length of service.
A statutory request must be made in writing and set out the change requested and when the employee wants it to take effect. You must discuss it with them and respond within two months, unless you agree a longer timeframe.
There’s no automatic right to work flexibly, but that doesn’t mean you can simply turn a request down because it would be inconvenient.
Use the discussion to explore whether the request could work, or whether an alternative arrangement might achieve a similar outcome. For example, if a change can’t work every day, could it work on some days?
Any refusal must be based on one of the eight statutory grounds and supported by genuine, specific reasons. These include additional cost, difficulty reorganising work or recruiting staff, impact on quality or performance, inability to meet customer demand, insufficient work during the proposed times, or planned workforce changes.
Whichever ground you rely on, you need to be able to show that you have genuinely considered how the request could work, or have clear evidence for why it can’t.
How to make an informed decision
A request that works well for one person or team may not be possible for another. That is where judgement matters. Every request needs genuine consideration, balancing the employee’s circumstances with business needs. Consider the specific role, team requirements, customer demands, workload distribution, and any potential impact on performance, service delivery, or colleagues. It is also important to explore whether adjustments or alternative flexible working arrangements could achieve a workable outcome. Not every request will be feasible, so you need to carefully weigh the available information, assess the options consistently and fairly, and make a decision based on the facts. Whatever the outcome, ensure your reasoning is clear, evidence-based, and can be explained to the employee.
The process, step by step
A clear process helps you handle requests consistently. The basic steps are:
- Your employee submits a written request
The employee should clearly set out the flexible working arrangement they are asking for and when they would like it to start.
- Discuss the request
Discuss the request with the employee and respond within two months, unless you both agree a longer timeframe.
This should be a meaningful conversation. Use it to understand what the employee needs and whether alternatives could work.
- Consider the options
Consider the impact on the role, colleagues, customers, workload, performance and the wider business. If the original proposal is not possible, consider whether another arrangement could provide some of the flexibility requested.
- Confirm your decision
If you agree to the request, you’ll need to make the relevant changes to the employee’s terms and conditions, as this will become a contractual change. If you disagree, you need to give the employee a clear reason for the refusal based on one of the statutory grounds.
With further changes expected under the Employment Rights Act 2025, it is sensible to explain decisions clearly now rather than waiting until more detailed explanations become a legal requirement.
- Keep a record
Throughout the process, keep a record of your discussions, decisions and when things were communicated. Good documentation matters both for consistency across the business and for protecting you if a decision is ever challenged.
If an employee strongly disagrees with the decision, they may choose to appeal, or raise a formal grievance. Getting the process right from the outset can help reduce the likelihood of the situation reaching that point.
How to handle a request correctly and avoid discrimination risks
Most issues with flexible working requests arise because processes are unclear, managers lack confidence, or decisions are not properly documented. Common problems include delayed responses, inconsistent decisions and unclear reasoning.
You should assess each request on its own, but also review patterns across the business. If refusals disproportionately affect particular groups, such as women, disabled employees or those with caring responsibilities, there may be a risk of indirect discrimination, even if that was not intended. Consistency and strong documentation go a long way here, as does weighing up the advantages and disadvantages of each request rather than choosing your response based on a subjective view of the employee.
But ultimately, the quality of the conversation between a line manager and their employee is often what determines whether the process feels fair, regardless of the outcome. Line managers are often the first point of contact, so they need to know how to respond, when to ask for HR support and how to have constructive conversations.
Proper training for line managers is therefore an important part of getting this right consistently across the business. If you’d like support building your process or training your managers, our team can help. We offer a course to train managers on how to manage flexible working requests.
What good practice looks like
If you refuse a request, as we’ve touched on, you need a valid, specific reason based on one of the eight statutory grounds, such as cost, customer demand, quality or performance. You should also be able to explain how you reached that decision. A vague “it won’t work” is unlikely to reassure an employee that their request was properly considered.
There is currently no statutory right to appeal a flexible working decision, but offering one is good practice. It gives employees a way to raise concerns before they escalate. The same thing applies to agreeing to a request. A “yes” isn’t necessarily a good outcome if the business hasn’t properly considered how it will work in practice. A clear, considered decision, whether that’s yes, no or an alternative arrangement, is what matters.
What’s changing under the Employment Rights Act 2025
The Employment Rights Act 2025 is expected to bring further changes to flexible working requests in 2027, making it harder to refuse a request without explaining why the refusal is reasonable. Employers are expected to need to consult before refusing a request, follow a set process and explain the decision in writing.
Although this is coming in 2027, it’s worth planning for now rather than waiting until it lands. Clear reasoning, genuine consultation, good documentation and meaningful conversations are already good people management practice. Putting them in place now will make the transition easier when the new requirements come in, and give employees a process that they trust.
How Reality HR can support you
Handled well, flexible working requests can build trust, support retention and help create a more flexible, productive workplace.
We can help you manage requests, review your processes and train managers to handle conversations fairly and consistently. If you need advice on one request or want to prepare your wider approach for future changes, we can help.
Please get in touch with us to speak to one of our HR consultants. Email us at info@realityhr.co.uk or call 01256 328 428.
FAQs
Does Reality HR provide training on how to manage flexible working requests?
Yes. We provide training for line managers and HR teams on how to handle flexible working requests fairly and consistently, including how to have constructive conversations with employees. Find out more here.
How many flexible working requests can an employee make in a year?
Employees can make up to two statutory flexible working requests in a 12-month period.
Can an employer refuse a flexible working request?
Yes, there is no automatic right for an employee to have a flexible working request approved. However, you must consider requests reasonably and can only refuse them on one of the recognised statutory grounds – read these here.
Does an employer have to give a reason for refusing flexible working?
Under the current rules, you must refuse a statutory request on one of the eight permitted grounds. The upcoming Employment Rights Act changes are expected to go further by requiring employers to explain why the refusal is reasonable. This is due to come into effect in 2027 and we will keep you updated on the changes as they roll out.
Are the rules on flexible working requests expected to change?
Yes, as above, the Employment Rights Act 2025 is expected to bring changes in 2027, including greater requirements around consultation and explaining why a refusal is reasonable. Read more about the Employment Rights Act and download our compliance checklist here.
About the author: Heidi Wadsworth, Head of Learning & Development | New Business Lead
Heidi takes a hands-on, pragmatic approach to learning and development and new business , working directly with clients to understand their unique challenges, culture, and environment. She combines her extensive cross sector experience in hospitality, retail, and manufacturing with a practical understanding of what works in real workplace situations.
Heidi’s strength lies in her ability to see the bigger picture while managing the practical details. She ensures every training programme empowers delegates to achieve excellence in their roles, creating lasting change that benefits both individuals and the organisation.
