Understanding Flexible Working in the UK
Flexible working has become a cornerstone of modern employment in the UK, reflecting the evolving needs of both employers and employees. Under UK employment law, flexible working refers to any arrangement that differs from the traditional nine-to-five office schedule. This could mean working from home, part-time hours, job sharing, compressed hours, or staggered start and finish times. The concept is rooted in promoting better work-life balance, supporting personal commitments, and boosting employee wellbeing. As workplace culture continues to shift towards greater inclusivity and adaptability, flexible working is no longer seen as just a perk but as an essential right for many employees. Its growing significance is underscored by recent legislative changes and widespread demand for more supportive and progressive work environments across the UK.
2. Who Is Eligible to Request Flexible Working?
Flexible working is a statutory right for many employees in the UK, but not everyone qualifies automatically. Understanding eligibility criteria is crucial before making a request. The following information outlines who can apply for flexible working arrangements under current UK law.
Eligibility Criteria
To be eligible to request flexible working, 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 at the date the application is made.
- Not have made another flexible working request in the past 12 months.
Contract Considerations
Your contract of employment will specify your status and terms. If you are unsure whether you are classed as an employee, check your contract or consult with HR. Agency workers, freelancers, and zero-hours contractors typically do not qualify for statutory flexible working rights, though some employers may offer these options voluntarily.
Summary Table: Eligibility to Request Flexible Working
| Criteria | Requirement |
|---|---|
| Status | Must be an employee |
| Length of Service | At least 26 weeks’ continuous service |
| Previous Requests | No application made in last 12 months |
| Contract Type | Permanent, part-time, or full-time employees; not agency/freelance/zero-hours by default |
Note on Future Legislative Changes
The UK government occasionally updates employment legislation regarding flexible working rights. It’s good practice to check the latest guidance from ACAS or GOV.UK to ensure you meet current eligibility requirements.
3. How to Make a Statutory Flexible Working Request
Making a statutory flexible working request in the UK is a structured process that empowers employees to formally seek changes to their work patterns. Here’s a step-by-step guide on how to approach this with professionalism and clarity, ensuring your application stands the best chance of success.
Step 1: Check Your Eligibility
Before submitting a request, ensure you meet the eligibility criteria: you must be an employee (not an agency worker or self-employed), have worked for your employer for at least 26 weeks, and not have made another statutory request in the past 12 months.
Step 2: Decide on the Type of Flexibility Needed
Consider what form of flexibility would suit your needs—options include remote working, compressed hours, part-time roles, job sharing, or staggered start and finish times. Be clear about whether your request is temporary or permanent.
Step 3: Prepare Your Written Application
What to Include:
- A clear statement that you are making a statutory request under the flexible working legislation.
- The specific change(s) you are seeking and when you would like them to start.
- How you think the proposed change might affect your employer and how any potential challenges could be managed.
- If relevant, mention if you’ve made any previous flexible working requests.
Best Practice Tips:
- Keep your tone professional and positive—frame your request as mutually beneficial.
- Anticipate concerns and suggest practical solutions (e.g., proposing how duties will be covered).
- Be concise but thorough, avoiding jargon and using plain English.
Step 4: Submit Your Request
Email is commonly accepted, but check if your employer has a preferred format or form. Retain a copy of your application for future reference. If you send it by post, consider using recorded delivery.
Step 5: Await Your Employer’s Response
Your employer must consider your application reasonably and respond within three months. They may invite you to discuss your proposal before making a decision. If approved, both parties should confirm any changes in writing. If declined, you should receive a valid business reason in line with UK law—and you may wish to explore informal solutions or appeal the decision through internal procedures.
4. What Employers Must Do: The Legal Process
Once an employee submits a formal request for flexible working, UK employers are legally obligated to follow a structured process. Understanding these obligations is crucial for both managers and employees to ensure fairness and compliance with the law.
Obligations When Considering Flexible Working Requests
Employers must handle all statutory requests in a “reasonable manner”. This involves thoroughly reviewing the proposal, discussing it with the employee, and making a decision based on legitimate business grounds. The process should be transparent and well-documented to avoid misunderstandings or potential disputes.
Response Timeframes
Under UK law, employers are required to provide a final decision within a specific timeframe. Below is a summary:
| Process Step | Legal Requirement |
|---|---|
| Acknowledge Request | Promptly upon receipt (recommended within a week) |
| Decision & Notification | Within 2 months of receiving the request, unless an extension is agreed with the employee |
| Appeal (if offered) | Should be conducted within the original 2-month period or as soon as possible thereafter |
Valid Grounds for Refusal
An employer may only refuse a flexible working request for one or more of the following business reasons, as outlined by UK legislation:
- The burden of additional costs would be too great
- The work cannot be reorganised among existing staff
- The employer cannot recruit additional staff to cover the change
- The quality of work would suffer
- The performance of the business would be negatively affected
- There would be insufficient work available during proposed working times
- The planned structural changes within the organisation make flexibility unfeasible
- The request does not comply with eligibility criteria or statutory procedure
Best Practice Communication
To foster trust and engagement, employers should always communicate their decision clearly and respectfully. If declining a request, giving detailed reasons aligned with one of the statutory grounds helps maintain transparency and demonstrates compliance with legal obligations.
5. Negotiating and Communicating Effectively
Successfully navigating flexible working requests relies on open, respectful communication between employees and managers. Both parties play a crucial role in ensuring the process is smooth and constructive, ultimately fostering a positive workplace culture where flexibility can thrive.
Tips for Employees
Be Clear and Concise
When submitting your request, clearly outline the changes you’re seeking and how they could benefit both you and the business. Avoid jargon, and provide practical examples if possible.
Anticipate Questions
Think ahead about potential concerns your manager may have—such as impact on team productivity or client service—and prepare thoughtful responses or solutions to address these points.
Maintain Professionalism
Approach discussions with a collaborative mindset. Stay calm, listen actively, and remain open to compromise if your initial proposal cannot be fully accommodated.
Tips for Managers
Create a Safe Environment
Encourage honest dialogue by reassuring staff that their requests will be considered fairly and without prejudice. Make it clear that flexibility is valued within your team’s culture.
Respond Promptly and Transparently
Acknowledge receipt of requests quickly and keep employees informed throughout the process. If adjustments cannot be made as requested, explain the reasons clearly and explore alternative solutions together.
Fostering a Supportive Workplace Culture
Normalise Flexibility Conversations
Regularly discuss flexible working options during team meetings or one-to-ones so staff feel comfortable raising the topic when needed. Highlight success stories to demonstrate organisational commitment to flexibility.
Encourage Mutual Understanding
Both employees and managers should aim to understand each other’s perspectives. This mutual respect strengthens relationships, reduces conflict, and helps tailor arrangements that work for everyone involved.
6. Practical Examples of Flexible Working in Action
Remote Working: The New Normal
One of the most prominent forms of flexible working in the UK is remote working. Since the pandemic, countless businesses have embraced this model, allowing employees to work from home either full-time or part-time. Take the case of Sarah, a marketing executive in Manchester. She negotiated two days per week at home to manage school runs and avoid lengthy commutes. This arrangement helped her maintain productivity while achieving a better work-life balance.
Job Sharing: Splitting Responsibilities
Job sharing is another effective flexible working solution, especially for roles that require consistent coverage but don’t demand one full-time employee. For example, two customer service managers at a London firm decided to split one full-time position, each working 2.5 days a week. They coordinated handovers and shared responsibilities, ensuring seamless service delivery without compromising personal commitments.
Compressed Hours: Packing More into Less
Compressed hours allow staff to condense their usual weekly hours into fewer days. John, an IT specialist based in Birmingham, agreed with his employer to work his 37.5 hours over four longer days instead of five. This gave him a regular three-day weekend, which he uses for family time and personal development—without any dip in output.
Flexible Start/Finish Times: Tailoring the Workday
Flexi-time is a popular option across many UK organisations. Employees can choose when to start or finish work within agreed limits. For instance, Priya, an HR advisor in Bristol, starts her day at 7am and finishes by 3pm, making it easier to meet childcare commitments and avoid rush hour traffic. Her employer benefits too—Priya’s early presence means urgent queries are handled promptly first thing in the morning.
Key Takeaway
These practical examples demonstrate that flexible working arrangements can be tailored to suit both business needs and employees’ personal circumstances. By understanding the variety of options available and how they work in practice, UK employees are better equipped to request—and successfully secure—the flexibility they need.
7. What to Do if Your Request Is Refused
Having a flexible working request turned down can feel disappointing, but there are several constructive steps you can take to address the situation and protect your rights. Understanding your options will help you navigate the process professionally and with confidence.
Review the Employer’s Reasons
Firstly, ensure that your employer has provided a valid business reason for refusing your request, as required by UK law. Common reasons include impact on quality or performance, inability to reorganise work, or insufficient work during the proposed hours. Carefully review their explanation and consider whether it addresses the points you raised in your application.
Consider an Informal Discussion
If you believe there may have been a misunderstanding or further flexibility is possible, arrange an informal meeting with your manager or HR department. This conversation could clarify details, identify alternative solutions, or even lead to a compromise that works for both parties.
Appeal the Decision
If you remain unsatisfied after informal discussions, most organisations offer a formal appeal process. Submit your appeal in writing, outlining why you believe the refusal was unfair or not in line with company policy or statutory requirements. Be clear and concise, referencing any new evidence or changes in circumstances that support your case.
Explore Dispute Resolution Options
Should internal avenues be exhausted, consider alternative dispute resolution methods such as mediation. Acas (Advisory, Conciliation and Arbitration Service) provides free and impartial advice for both employers and employees on workplace disputes. Mediation can often resolve issues without escalating matters further.
Seeking Further Support
If all else fails and you suspect discrimination or a failure to follow proper procedure, you may be able to bring a claim to an employment tribunal. Before doing so, seek guidance from resources such as Acas, Citizens Advice, or a qualified employment solicitor to assess your situation and next steps.
Remember, pursuing flexibility at work is your legal right in the UK—and knowing how to respond if your request is refused ensures you remain empowered throughout the process.
