Flexible working requests must be completed, including an appeal if one is offered, within two months. However, employers and managers should seek to respond to requests as quickly as they are able to do so, to ensure no loss of engagement or motivation.  

Ensure that any request made by an employee states that it is a ‘statutory request for flexible working’ and is dated, include the change details, the requested date of change and if there has been a previous request for flexible working.

There should only be one ‘live’ request for flexible working at any one time.

Although it might not be possible to agree to every request, employers and managers are required to handle each request reasonably and to consider other options or put other suggestions to the employee if they cannot accommodate their preferred working pattern. Managers should be encouraged to treat a flexible working request as a dialogue rather than a yes/no decision.

Employers can reject an application for any of the following reasons:

• extra costs that will damage the business
• the work cannot be reorganised among other staff
• people cannot be recruited to do the work
• flexible working will affect quality and performance
• the business will not be able to meet customer demand
• there’s a lack of work to do during the proposed working times
• the business is planning changes to the workforce.

You cannot reject a request without first consulting with the employee. All relevant information must be understood by both parties before a decision is made.

You need to make clear what has been decided and why (and this needs to be done without delay).

Trial periods can give important insight into the feasibility of flexible working arrangements. They can be especially helpful where roles have not been undertaken in a flexible way previously. Trial periods should always be for a set period of time during which their outcomes are measured and assessed. Unless it is immediately evident that a request cannot be accommodated, a trial period should always be considered as an option. 

Ensure that managers are aware of forthcoming changes to the flexible working legislation and how this might impact the number of requests they receive, and when they receive them. Although employees will soon be able to request flexible working from their first day of employment, this is also likely to result in discussions taking place during recruitment activity. Managers should be provided with guidance on managing flexible working requests during this time, including assessing roles for flexible suitability where they have not been worked flexibly previously.  

Be proactive. Candidates are increasingly interested in flexible working opportunities, and it can be a key driver of individuals looking for new jobs. Employers can make the most of this by proactively providing information on the organisation’s flexible working opportunities at all stages of the recruitment process.  

Employers can also refer to the Acas Code of Practice on how to respond to flexible working requests. You can also refer to the flowchart on responding to flexible working requests. You can also refer to the ‘Happy to talk flexible working’ information from Working Families.

From 6 April 2024, employees can make:

• a flexible working request from day one of employment
• two flexible working requests in any 12-month period
• a flexible working request without explaining how the request might impact the employer.

Employers must:

• respond to requests within two months
• consult with their employees before a flexible working request can be declined.

More information on employee rights and employer obligations is available on the Flexible working law page.

When an employer agrees to a formal flexible working request at any stage in the employment relationship, it will often result in a permanent change to an employee’s contract of employment. This might not be true of a trial period (where changes are intended to be temporary) or if there is an informal agreement, such as a hybrid working arrangement where employees can informally work remotely at the discretion of their manager.

Employers are advised to be clear in their policies, communications or employee documentation whether flexible working arrangements are contractual or informal, and if there are any circumstances in which they could be changed.  

Where permanent changes are agreed as part of a flexible working request, these should be confirmed in writing to the employee. The employer will not have any automatic right to change the employee’s hours or work arrangements in the future.  

An employer can make a change (‘variation’) to an employment contract if:

• the employee agrees to the change
• the employee’s representatives agree to the change (for example, a trade union) if the contract of employment provides for this.

Such changes could include an amendment to working hours. For example, if an employee’s contract normally involves varying shift patterns, the contract may set out the minimum number of hours the employee is required to work. Employers may then be able to change those shift patterns, provided the employee is still being asked to work their agreed number of hours and there is no discrimination in the new patterns.

• Part of enabling flexible working is to create a supportive culture in which benefits are recognised and creative solutions are sought.
• Communicating the different types of work arrangements on offer, including during recruitment activity is key especially for roles which do not historically lend themselves to working remotely. It can also help to make flexible working part of talent acquisition strategy.
• Involve teams in ensuring that flexible work is effective and adapting ways of working, and ensure line managers are on board at all times. This will help employees work collaboratively when they may be working different hours or present in the physical workspace on different days compared to their colleagues.
• Trial flexible working arrangements for a set period of time wherever possible; this will identify what works and pinpoint any problems which might arise. Any issues highlighted in the trial can then be adjusted before making any changes permanent. Remember – flexible working is possible across many sectors and roles.