How to make a successful flexible working request

At Stephensons, we understand that the modern workplace is evolving, and employees increasingly seek more control over how, when and where they work. Flexible working arrangements—such as working from home, part-time hours, compressed hours or job sharing—can help many individuals maintain a healthier work-life balance. Understanding how to make a successful flexible working request is essential to ensuring your application is lawful, well-reasoned and more likely to be granted.

Understanding your legal right to request flexible working

In the UK, all employees with at least 26 weeks of continuous service with the same employer have a legal right to request flexible working. This is known as making a “statutory request”. Employees can only make one statutory request every 12 months unless the employer agrees to accept more than one.

Your employer has a duty to deal with your request in a reasonable manner and must respond within three months. This time frame may be extended by mutual agreement. The Employment Rights Act 1996 and the Flexible Working Regulations 2014 outline the procedure employers must follow in these cases.

Types of flexible working arrangements

Before submitting your request, it is important to understand the different flexible working options available. Common arrangements include:

• Working from home entirely or part of the week
• Changing your start or finish times (flexitime)
• Condensed hours over fewer days
• Part-time working or job sharing
• Annualised hours or staggered hours

Determining the form of flexibility that best suits your personal and professional circumstances will help you narrow your proposal and increase the likelihood of success.

Preparing your request

Preparation is key to making a successful flexible working request. A well-drafted and thoughtful application should clearly explain how your proposed arrangement will work in practice and how it may impact your employer and colleagues. It should demonstrate consideration for the business’s needs alongside your own.

Your application should include:

• The date of the request
• A statement that it is a statutory request
• The change you are requesting to your working pattern
• When you would like the change to take effect
• Whether you have made a previous application and, if so, the date of that application
• How you believe the proposed change will affect the business and how this might be addressed

You should also consider potential solutions to any challenges your request might pose and include them in your proposal. For example, if requesting fewer hours, you may suggest how your workload can be redistributed or managed effectively.

How to present your request professionally

A successful flexible working request must be clear, concise and professional. Where possible, submit your request in writing and maintain a respectful and cooperative tone. Avoid emotional appeals and instead focus on practical benefits and how the change aligns with your role and business objectives.

You might illustrate, for example, that working from home two days a week can increase productivity by reducing commute times, or that starting earlier enables better customer coverage. The ability to align your interests with those of the organisation will strengthen your case.

How employers can respond to your request

Once your request has been submitted, your employer is required to consider it carefully. They may arrange a meeting with you to discuss it in further detail. During this meeting, you may clarify your proposal and address any concerns the employer may have.

An employer can only reject a flexible working request for one or more of the following eight statutory reasons:

• 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
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes to the business

If your request is declined, your employer should provide a written explanation referencing one or more of these reasons. You may also be given the right to appeal the decision internally. Stephensons can advise you on the most appropriate course of action if this situation arises.

What happens if your request is approved

If your employer agrees to your request, the change will usually be considered a permanent variation to your employment contract, unless agreed otherwise. It is important that the new arrangement is confirmed in writing, clearly outlining the variation to your contractual terms. Both parties should retain a copy of this agreement.

Once agreed, you and your employer should discuss implementation plans, performance reviews and any trial period arrangements if applicable. Open communication is key to ensuring the new working pattern benefits both parties moving forward.

What to do if your request is refused

Although employers are not required to approve all requests, they must follow fair and reasonable processes when considering them. If you believe the rejection was based on incorrect information, discriminatory grounds or was not handled properly, you may have legal grounds to challenge the decision.

You may also wish to consider submitting a grievance through your employer’s internal processes. In some circumstances, particularly if your employer’s decision appears unreasonable or discriminatory, you may explore the possibility of making a claim to an employment tribunal.

Stephensons can assess the merits of your case and guide you through your legal options with clarity and confidence. Our employment law team regularly assists individuals with refused flexible working requests and related disputes.

Flexible working and discrimination

In certain cases, denied flexible working requests may be directly or indirectly discriminatory, particularly for individuals with responsibilities such as childcare or for those with health-related issues. Under the Equality Act 2010, employees are protected from discrimination based on specific characteristics, including sex, disability and age.

For example, if a female employee’s request for part-time hours due to childcare responsibilities is dismissed without valid justification, there may be grounds for asserting indirect sex discrimination.

Our expert employment solicitors at Stephensons can advise whether your circumstances warrant a discrimination claim and help pursue justice where necessary.

How Stephensons can help with your flexible working request

At Stephensons, we offer clear and practical legal advice to help ensure your flexible working application is properly articulated, complies with the law and enhances your chances of success. We also provide expert representation in situations where requests are unfairly rejected or mishandled.

Our employment law team is highly experienced in assisting individuals across various sectors. We take the time to understand your weekly working patterns, professional responsibilities and personal needs, and tailor our service to support you through every stage of the process.

Whether you're preparing your initial request or seeking to challenge a refusal, having an expert in your corner can make all the difference.

Contact us

If you need legal advice on how to make a successful flexible working request or have experienced an issue with a request you’ve made, contact our specialist employment solicitors today on 0161 696 6170 or fill in our enquiry form.