Flexible working has become an increasingly important part of modern employment.
Whether an employee wants to work from home, change their working hours or reduce the number of days they work, flexible arrangements can help people balance their professional and personal responsibilities.
However, disagreements can arise when employers are unwilling to accommodate these requests.
Many employees are unsure whether their employer must agree to flexible working, while businesses may be uncertain about their legal responsibilities.
Understanding the law can help both parties approach requests fairly and avoid unnecessary disputes.
What Is Flexible Working?
Flexible working refers to arrangements that differ from an employee’s existing working pattern.
This can include changes to working hours, location or the number of days worked.
Examples include:
- Working from home for part of the week.
- Starting or finishing work at different times.
- Working compressed hours.
- Reducing working days.
- Job sharing.
- Working during school term times only.
Flexible working arrangements can benefit both employees and employers.
They may improve work-life balance, support employee retention and help businesses attract a wider range of candidates.
However, whether a particular arrangement is suitable will depend on the nature of the role and the employer’s operational requirements.
Do Employees Have a Legal Right to Flexible Working?
In England and Wales, employees have a statutory right to request flexible working from their first day of employment.
This means employees no longer need to complete a minimum period of service before making a statutory request.
Employees can make up to two statutory flexible working requests within any 12-month period.
However, it is important to understand the distinction between the right to request flexible working and the right to receive it.
The law requires employers to consider qualifying requests properly, but it does not automatically entitle employees to their preferred working arrangements.
How Do You Make a Flexible Working Request?
A statutory flexible working request must be made in writing.
The request should include:
- The date of the application.
- A statement confirming that it is a statutory flexible working request.
- Details of the proposed working arrangement.
- The date the employee would like the change to begin.
- Whether and when the employee has made a previous statutory request.
Employees should explain clearly what they are requesting.
For example, an employee might ask to work from home two days per week or finish earlier on particular days.
Although employees are not legally required to explain how the proposed change would affect the business, providing practical suggestions may help discussions with their employer.
Can an Employer Refuse Flexible Working?
Yes. Employers can refuse a statutory flexible working request where one or more of the permitted business reasons applies.
These include:
- The burden of additional costs.
- A detrimental effect on the ability to meet customer demand.
- An inability to reorganise work among existing staff.
- An inability to recruit additional staff.
- A detrimental impact on quality.
- A detrimental impact on performance.
- Insufficient work during the periods the employee proposes to work.
- Planned structural changes.
An employer should consider the particular circumstances of the request rather than applying a blanket refusal.
For example, a business may have legitimate concerns about staffing requirements or customer service.
However, employers should consider whether alternative arrangements could address those concerns.
Does an Employer Have to Discuss the Request?
Yes. Before refusing a statutory flexible working request, an employer must consult the employee.
This provides an opportunity to discuss the proposed arrangement, identify potential difficulties and consider alternatives.
For example, an employer who cannot accommodate three days of home working might be willing to consider one or two days.
Employers must handle requests reasonably and reach a decision within two months, unless a longer period is agreed with the employee.
Following a fair and transparent process can help reduce the likelihood of disputes.
What Happens If Your Request Is Approved?
Where an employer agrees to a statutory flexible working request, the relevant terms and conditions of employment must be changed to reflect the new arrangement.
Depending on what has been agreed, this may involve changes to working hours, days or location.
Employees and employers should ensure the agreed arrangements are clearly documented.
They should also establish whether the change is permanent or whether a temporary arrangement has been separately agreed.
Clear written records can help prevent misunderstandings later.
What If Your Employer Refuses Your Request?
If an employer refuses a request, the employee should be informed of the business reasons for the decision.
An employee may wish to discuss alternative arrangements or use an internal appeal process where one is available.
There is no general statutory requirement for employers to offer an appeal against a flexible working refusal, although providing one is recommended good practice.
In certain circumstances, an employee may be able to bring a claim before an employment tribunal.
For example, a claim may arise where an employer fails to follow the statutory procedure or refuses a request for a reason that is not permitted by law.
Employment tribunal claims are subject to strict time limits, so employees should seek advice promptly.
Could Refusing Flexible Working Be Discriminatory?
In some circumstances, yes.
A flexible working refusal may raise discrimination issues under the Equality Act 2010.
For example, a workplace policy that disadvantages employees with particular protected characteristics may amount to indirect discrimination unless the employer can objectively justify it.
An employer may also have a separate legal duty to make reasonable adjustments for a disabled employee.
This duty is distinct from the statutory flexible working request procedure.
Consequently, an employer’s ability to refuse a flexible working request does not necessarily mean that the refusal is lawful under discrimination legislation.
Each situation must be considered on its individual facts.
Why Employers Should Have Clear Flexible Working Policies
Employers should ensure their flexible working procedures are consistent, transparent and compliant with the law.
Managers should understand how to assess requests, conduct consultations and document decisions.
Businesses should also be aware that employment legislation continues to develop.
The Employment Rights Act 2025 provides for further reforms to the flexible working framework, with additional changes expected to take effect in 2027.
Employers should monitor implementation dates and review their policies accordingly.
How Penerley Solicitors Can Help
Flexible working requests can raise important legal and practical questions for employees and employers.
At Penerley Solicitors, we provide employment law advice to individuals and businesses, helping them understand their rights and responsibilities.
Whether you are an employee whose flexible working request has been refused or an employer seeking guidance on handling applications lawfully, our team can provide advice tailored to your circumstances.
Contact Penerley Solicitors today to discuss your employment law concerns and explore the options available to you.
