Flexible working has become an essential consideration for UK employers seeking to attract and retain talent, improve employee wellbeing, and comply with evolving legal requirements. Understanding your legal obligations when handling flexible working requests is crucial for small business owners to avoid disputes and ensure a fair, transparent process.
| Key Fact | Details |
|---|---|
| Right to Request Flexible Working | All employees have a statutory right to request flexible working from day one of employment. |
| Employer’s Duty | Must consider requests in a reasonable manner and respond within three months. |
| Grounds for Refusal | Business reasons such as burden of additional costs, inability to reorganise work, or detrimental impact on quality. |
| Legal Framework | Employment Rights Act 1996, Flexible Working Regulations 2014, Equality Act 2010. |
The Right to Request Flexible Working
Since 30 June 2022, all employees in the UK have had the statutory right to request flexible working from the first day of their employment. This significant change means you cannot impose a minimum qualifying period before an employee can make a request.
Flexible working covers a variety of arrangements, including changes to hours, times, or place of work such as remote working, compressed hours, or job sharing. The right to request is designed to help employees balance work and personal commitments without sacrificing productivity.
Employers are required to deal with requests in a ‘reasonable manner’, which means considering each application carefully and fairly, engaging in a dialogue where appropriate, and providing a timely decision.
Making and Handling Flexible Working Requests
Employees must submit their flexible working request in writing, explaining the desired change, the date they want it to start, and what effect they think the change could have on the business and how it might be dealt with. While there is no statutory form, using a template can streamline the process.
Once a request is made, the employer must respond within three months, including any appeal. This timeframe allows for careful consideration but requires prompt action to avoid breaching the statutory duty.
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Steps Employers Should Take When Receiving a Request
- Acknowledge receipt promptly to confirm the request has been received.
- Assess the request considering the impact on the business and operational needs.
- Discuss with the employee if further information or clarification is needed.
- Make a decision and communicate it in writing within three months.
- Offer an appeal if the request is refused, allowing the employee to challenge the decision.
Grounds for Refusing a Flexible Working Request
While employees have a right to request flexible working, employers can refuse requests for one or more of the eight specific business reasons set out in the Employment Rights Act 1996 (as amended) and the Flexible Working Regulations 2014. These reasons must be genuine and justifiable.
Refusal reasons include:
- The burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality or performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes to the business
- Any other genuine business ground
Employers must provide clear, evidence-based reasons when refusing a request and must not discriminate unlawfully under the Equality Act 2010. For example, refusing a request based on protected characteristics such as age, disability, or pregnancy could result in a discrimination claim.
Legal Compliance and Best Practice for Employers
Complying with the flexible working legislation minimises the risk of employment tribunal claims for unfair refusal or discrimination. It also demonstrates good employee relations, which can improve morale and retention.
Best practice includes maintaining a written policy on flexible working, training managers on how to handle requests, and documenting all communications and decisions. This helps ensure consistency and transparency.
Remember to consider data protection obligations under UK GDPR when handling employees’ personal data related to flexible working requests.
Considering Flexible Working in Your Business
Flexible working can bring benefits to your business such as increased productivity, reduced absenteeism, and access to a wider talent pool. However, it may also present challenges, particularly for small businesses with limited resources or customer-facing roles.
When planning your approach, assess the nature of your business, workforce, and operational requirements to determine which flexible working arrangements are feasible. Open communication with employees about flexibility can foster a positive working environment.
For more detailed guidance on managing employee relations, see our Employee Relations Guide.
- Employees have the statutory right to request flexible working from day one.
- Employers must consider requests reasonably and respond within three months.
- Requests can only be refused for one of eight legitimate business reasons.
- Maintain clear communication, written records, and a consistent policy.
- Seek professional legal advice for complex or disputed cases.
Can I refuse a flexible working request if it causes extra costs?
Yes, additional costs are a valid business ground for refusing a flexible working request. However, you must explain your reasons clearly and consider whether any alternatives are possible. Refusals must be reasonable and not discriminatory.
How long do I have to respond to a flexible working request?
You must respond within three months of receiving the request, including any appeal process. If you fail to respond within this timeframe, the request is treated as accepted by law.
Do part-time employees have the same flexible working rights?
Yes, all employees, including part-time and fixed-term workers, have the statutory right to request flexible working from day one. The legislation applies equally regardless of contract type.
Note: This article provides an overview of flexible working legal obligations but does not constitute legal advice. For complex cases or disputes, please consult a qualified employment law solicitor.
Official Sources
* GOV.UK: Set up a business · * HMRC: Income Tax rates · * HMRC: Corporation Tax · * HMRC: VAT registration