Flexible working law in the UK provides employees with the legal right to request changes to their working patterns, including hours, times, or locations of work. As the modern workforce evolves, more individuals seek work arrangements that provide a better balance between professional and personal life. At Stephensons, we advise clients on their rights under flexible working legislation, and offer clear guidance when those rights are challenged or denied.
Understanding your legal rights when pursuing a flexible working arrangement is essential. Whether you are requesting remote working, compressed hours, job sharing, or part-time employment, it is important that both employees and employers meet specific legal requirements. Stephensons can help individuals understand their entitlements and represent clients through internal procedures or employment tribunal proceedings where necessary.
Who has the right to request flexible working?
Employees in the UK have a statutory right to request flexible working, provided they meet certain eligibility criteria. According to flexible working law, an employee must:
- Be legally classed as an employee (not a worker or self-employed)
- Have worked continuously for their employer for at least 26 weeks
- Not have made another statutory request in the previous 12 months
All employees, regardless of parental or caring responsibilities, are entitled to make a flexible working request under current legislation. This represents a shift from earlier laws, which were more limited in scope. Employers must consider each request fairly and in line with the Acas Code of Practice on flexible working requests, which provides guidance on handling such applications.
Types of flexible working arrangements
Flexible working law encompasses a variety of work pattern adjustments. Common arrangements include:
- Part-time work – reducing the number of days or hours worked in a week
- Flexitime – choosing when to start and end work, within agreed limits
- Compressed hours – working full-time hours over fewer days
- Job sharing – two employees share one full-time job
- Remote or hybrid working – working from home or another location for part or all of the week
- Annualised hours – working a certain number of hours per year rather than per week
These arrangements must be feasible for the employee’s role and must not adversely impact the employer’s operations in a significant way. Stephensons advises individuals on the most appropriate type of request based on their role and responsibilities, ensuring that proposals are well-prepared and legally sound.
How to make a flexible working request
To make a statutory flexible working request, an employee must submit it in writing. The request should contain:
- The date of the request
- Confirmation that it is a statutory request
- Details of the change being requested
- The proposed start date of the change
- What effect the change might have on the business and how this could be managed
- Whether a previous request has been made and, if so, when
The employer is legally required to consider the request in a reasonable manner and respond within three months, unless an extension is agreed. This includes meeting with the employee to discuss the proposal and providing a written outcome. The employer may approve the request, suggest modifications, or refuse it on specific business grounds set out in the legislation.
Grounds for refusal of a request
Employers can legally refuse a flexible working request, but only for one or more of the following business reasons:
- 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 proposed hours
- Planned structural changes
Refusals must be supported by evidence showing a genuine business reason. If an employer fails to follow the correct procedure or rejects a request unfairly, employees may have grounds for legal challenge. Our solicitors at Stephensons are experienced in advising on disputes regarding flexible working and can assist in negotiations or claims before an employment tribunal if necessary.
Flexible working and discrimination
Denying a flexible working request may, in some cases, amount to unlawful discrimination under the Equality Act 2010. For example, if a woman returning from maternity leave is denied part-time working without a valid business reason, this could be indirect sex discrimination. Similarly, disabled employees may request flexible working as a reasonable adjustment, and failure to accommodate that request may be discriminatory.
Stephensons provides specialist advice to individuals who believe their flexible working request has been refused based on discriminatory grounds. We assess the circumstances, review the employer’s reasoning, and determine whether there has been a breach of employment or equality law.
Appealing a flexible working decision
Although there is no statutory right to appeal a refusal, the Acas Code encourages employers to offer an appeals process. Submitting an appeal allows the employee to present further evidence or respond to any misunderstandings about the original proposal. A fair and transparent appeal process can also help resolve the issue without resorting to legal proceedings.
Stephensons helps employees prepare detailed appeals and communicate effectively with their employers to seek a resolution. Where the appeal fails or is not offered, we explore alternative legal remedies, including raising a formal grievance or pursuing a claim.
Flexible working during and after the pandemic
The COVID-19 pandemic has significantly changed how and where work is carried out. Remote and hybrid working arrangements have become more common, prompting many employees to seek permanent flexibility. While temporary arrangements set during lockdowns may not create a legal right to continue flexible working, they can support the argument for a formal request.
Stephensons advises individuals seeking to regularise their pandemic-era working patterns into a permanent contractual agreement. We also assist employees whose employers now expect a full return to offices despite ongoing personal or health-related concerns.
Flexible working law reforms
Significant changes to flexible working law were announced in the Employment Relations (Flexible Working) Act 2023. Once fully implemented, these changes will:
- Allow employees to make two statutory requests for flexible working per year instead of one
- Require employers to consult with employees before refusing a request
- Remove the requirement for employees to explain the impact of their request
- Shorten the time employers have to respond to a request from three months to two
These reforms are designed to make flexible working more accessible and to encourage open dialogue between employers and employees. Stephensons is keeping abreast of these developments and supports clients through this changing legal landscape.
How Stephensons can help
Our employment law specialists at Stephensons provide comprehensive advice on all aspects of flexible working law. We assist clients in making statutory and non-statutory requests, navigating internal HR procedures, and pursuing legal remedies when necessary. Whether you are at the start of the process or facing an unlawful refusal, we are here to support and represent you effectively and professionally.
Our experienced solicitors understand the legal complexities and personal sensitivities involved in flexible working matters. We aim to achieve fair outcomes through negotiation where possible, whilst preparing robustly for legal action when required. At Stephensons, we are committed to promoting workplace fairness and protecting individual employment rights.
Contact us
If you would like to speak to one of our employment law solicitors about employee rights in disciplinary meetings fill in our enquiry form and we will be in touch as soon as possible.
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