Flexible working has become a permanent feature of the modern workplace. For many employees, it is no longer seen as a perk, but as an important part of balancing work with personal commitments, caring responsibilities, health needs and productivity. Some might even say it’s no longer a discretion but, in fact, a right.
For employers, flexible working can raise difficult practical questions. How can a business remain efficient while treating employees consistently? What happens where a role genuinely requires office presence? How should competing requests be managed? Employers are not required to agree to every request, but they must handle each one reasonably and on its own facts.
Since April 2024, employees have had the right to make a statutory flexible working request from the first day of employment. As a minimum, employees can make up to two statutory requests in any 12-month period. Employers must deal with requests within two months, unless an extension is agreed, and must consult with the employee before rejecting a request.
Flexible working can cover a range of arrangements, including part-time working, compressed hours, changes to start or finish times and remote working/hybrid working. The starting point for employers should be to consider the particular request carefully, rather than applying a blanket approach. A general statement that “the business does not allow home working”, for example, may create risk if the employer has not considered the employee’s role, proposal and any possible compromise.
Where an employer is minded to refuse a request, they must consult the employee. This does not mean the employer must agree, but there should be a meaningful discussion concerning the reasons for the request, and possible alternatives or even a trial period before reaching a final verdict.
Employers should also make an effort to distinguish between inconvenience and genuine business difficulty. A statutory request can only be refused for one or more specified business reasons, such as the burden of additional costs, a detrimental impact on quality or performance, an inability to reorganise work, a detrimental effect on meeting customer demand, or planned structural changes.
If a request is refused, the employer should explain which business ground applies and why. A short, generic rejection may be difficult to justify if the decision is later challenged.
There are also wider employment law risks. A flexible working request may overlap with discrimination issues, particularly where it relates to childcare, disability, religion or health. A request connected to a medical condition for example, may also require reasonable adjustments to be made, and employers should therefore avoid treating flexible working as a purely administrative process.
In order to be compliant, employers should ensure that their policies are up to date, managers are trained, and decisions are properly recorded.
Overall, flexible working does not remove commercial control from employers, it rather requires decisions to be made fairly, consistently and with proper consideration of both the employee’s circumstances and the needs of the business.
As flexible working continues to evolve, it is important for employers and employees to understand their rights and obligations. If you need advice on making, managing, or responding to a flexible working request, the Employment Law team at Wilson Browne Solicitors is here to help with practical, tailored support.
