Introduction to Flexible Working in the UK
The concept of flexible working has gained significant traction across the UK, becoming a central topic for both employees and employers. Flexible working refers to any working arrangement that deviates from the traditional 9-to-5, office-based routine. This can include options such as remote working, part-time hours, flexitime, job sharing, and compressed hours. The shift towards flexibility is being driven by evolving workforce expectations, technological advancements, and an increasing recognition of the importance of work-life balance. As organisations adapt to a rapidly changing business landscape—particularly in the wake of global events such as the COVID-19 pandemic—flexible working arrangements are becoming not just a benefit but a necessity for attracting and retaining talent. For UK employees, understanding what flexible working entails and why it matters is crucial when considering career progression and overall wellbeing in today’s workplace.
Eligibility for Requesting Flexible Working
Understanding who is eligible to request flexible working arrangements is essential for both employees and employers in the UK. Under current UK law, all employees have the statutory right to ask for flexible working, but certain criteria must be met before a formal request can be made.
Who Can Make a Flexible Working Request?
To qualify for making a statutory request for flexible working, employees must:
- Be legally classed as an employee (not a worker or self-employed contractor)
- Have worked for their employer for at least 26 weeks continuously at the time the application is made
- Not have made another statutory request in the past 12 months
Qualifying Periods and Employment Types
The law covers most types of employment contracts, including full-time, part-time, fixed-term, and job-share roles. However, agency workers, members of the armed forces, and certain other categories may not be eligible under the statutory framework.
| Employment Type | Eligible to Request? | Notes |
|---|---|---|
| Full-time Employee | Yes | After 26 weeks’ service |
| Part-time Employee | Yes | After 26 weeks’ service |
| Fixed-term Contract | Yes | If employed for 26 weeks continuously |
| Agency Worker | No* | *Some exceptions apply (e.g., if returning from parental leave) |
| Self-employed/Contractor | No | Statutory right does not apply |
| Member of Armed Forces | No | Statutory right does not apply |
Key Takeaways for UK Employees
If you meet the eligibility criteria above, you are entitled to make a formal request for flexible working. Remember that while you have the right to request, your employer also has the right to consider your application based on business needs. Knowing your status and rights ensures you approach this conversation with confidence and clarity.
3. Types of Flexible Working Arrangements
Flexible working in the UK covers a range of arrangements designed to help employees balance their professional and personal lives. Understanding these different types can empower you to make informed decisions when considering your work options or submitting a formal flexible working request. Below, we explore the main forms of flexible working commonly available to UK employees, along with practical examples.
Remote Working
Remote working, often called “working from home” in the UK, allows employees to perform their duties outside of the traditional office environment. This arrangement gained significant traction during the COVID-19 pandemic and remains popular for roles that do not require constant on-site presence. For example, many IT professionals, writers, and customer service representatives now work remotely either full-time or a few days per week.
Flexitime
Flexitime enables employees to choose their own start and finish times within agreed limits. Core hours are usually set (for example, 10am to 4pm), but staff can adjust their schedules around these periods to suit personal commitments like school drop-offs or appointments. Flexitime is particularly prevalent in public sector organisations and larger private companies across the UK.
Compressed Hours
This arrangement allows employees to work their total contracted hours over fewer days, resulting in longer individual workdays but more days off each week or fortnight. For instance, a full-time worker might complete 37.5 hours over four days instead of five, giving them an extra day off. Compressed hours are common in healthcare and local government roles.
Job Sharing
Job sharing involves two people splitting the responsibilities of one full-time position, each working part-time hours. This approach offers flexibility for those who need reduced hours but wish to retain responsibility and progression opportunities. For example, two teachers may share a single post at a primary school, ensuring continuity for pupils while meeting both individuals’ needs for flexibility.
Part-Time Roles
Part-time work means working fewer hours than a standard full-time contract. Part-time positions are widespread across retail, hospitality, and health sectors in the UK, catering to parents, students, or those approaching retirement who prefer a reduced workload.
Comparison of Flexible Working Arrangements
| Type | Description | Common UK Examples |
|---|---|---|
| Remote Working | Working from home or another location outside the office | IT support agents; content writers; financial analysts |
| Flexitime | Selecting start/finish times around core hours | Civil service staff; HR professionals; marketing teams |
| Compressed Hours | Full weekly hours over fewer days | NHS staff; council workers; engineers |
| Job Sharing | Two people sharing one full-time job role | Teachers; project managers; admin roles |
| Part-Time Roles | Fewer weekly hours than full-time employment | Retail assistants; nurses; hospitality workers |
The diversity of flexible working options reflects the UK’s commitment to supporting work-life balance and inclusivity in the workplace. When considering which arrangement best fits your needs, think about your job role, employer policies, and personal circumstances.
4. The Legal Process for Making a Flexible Working Request
Understanding the step-by-step process of making a formal flexible working request is crucial for UK employees who wish to take advantage of their legal rights. The procedure is structured to ensure both clarity and fairness for employees and employers alike. Below, you will find detailed guidance on each stage, including the key information to include and the timelines that must be observed.
Step 1: Prepare Your Formal Request
Start by preparing a written application to your employer. According to UK law, your request must:
- Be in writing (email or letter is acceptable)
- State clearly that it is a statutory flexible working request
- Detail the changes you are seeking (e.g., hours, times, location)
- Explain when you wish the change to start
- Describe how you think the business might be affected and how this could be managed
- Mention if you have made any previous requests and when
Step 2: Submit Your Request
Send your application to your line manager or HR department. Make sure you keep a copy for your records.
Step 3: Employer’s Response Timeline
Your employer is legally required to consider your request “reasonably” and must respond within two months unless an extension is mutually agreed upon. During this time, they may arrange a meeting to discuss your proposal.
Flexible Working Request Timeline (UK)
| Step | Action | Timeline |
|---|---|---|
| Submission | Employee submits formal request | Day 0 |
| Consideration | Employer reviews and discusses with employee as needed | Within 2 months |
| Decision | Employer provides written decision (accept/reject with reasons) | No later than 2 months from submission |
Step 4: After the Decision
If your request is accepted, arrangements should be made to implement the new working pattern. If declined, your employer must provide valid business reasons in writing. You may also have a right to appeal the decision internally.
Key Information Checklist for Your Request:
- The type of flexibility you are requesting (e.g., part-time, remote working)
- Your proposed start date for the new arrangement
- A clear explanation of why the change would benefit both you and the company
This structured approach ensures that both sides understand their obligations and rights throughout the flexible working process in the UK.
5. Employer Obligations and Grounds for Refusal
When it comes to flexible working in the UK, employers have clear legal responsibilities. Understanding these obligations not only ensures compliance but also helps maintain a fair and productive workplace culture.
Legal Duties of Employers
Once an employee submits a formal flexible working request, UK law requires employers to consider the application in a “reasonable manner.” This includes assessing the benefits of the requested change against any potential adverse business impact. Employers must respond within three months of receiving the request (unless an extension is agreed), and they are legally obliged to notify the employee of their decision in writing.
Valid Reasons for Refusing a Request
Employers can only refuse a flexible working request based on specific business grounds set out by UK law. These reasons must be genuine, non-discriminatory, and clearly communicated to the employee. The following table outlines the valid grounds for refusal:
| Grounds for Refusal | Description |
|---|---|
| Burden of Additional Costs | The change would impose significant extra costs on the business. |
| Detrimental Effect on Customer Demand | The new arrangement would negatively affect meeting customer needs or service delivery. |
| Inability to Reorganise Work Among Staff | The business cannot redistribute work among existing employees effectively. |
| Inability to Recruit Additional Staff | The company cannot hire extra staff needed to accommodate the change. |
| Impact on Quality or Performance | The request would reduce quality standards or overall business performance. |
| Insufficient Work During Proposed Hours | No suitable work is available during the times requested by the employee. |
| Planned Structural Changes | The business is planning changes that affect work patterns or staffing levels. |
The Importance of Fair and Consistent Handling
Treating all requests fairly and consistently is essential to avoid claims of discrimination or unfair treatment. Employers should document their decision-making process, provide clear reasons if refusing a request, and ensure all employees understand how flexible working policies are applied. Transparent communication and written feedback help foster trust, engagement, and a positive employer reputation—crucial factors in today’s competitive job market.
6. Rights and Protection from Unfair Treatment
When you make a flexible working request in the UK, you are legally protected against unfair treatment or dismissal as a result of your request. If your employer rejects your request unfairly or you experience negative consequences such as being overlooked for promotion or facing disciplinary action, there are clear steps and legal rights designed to safeguard employees. Understanding these rights can help you take informed action if you believe you have been treated unjustly.
What Constitutes Unfair Treatment?
Unfair treatment can include:
- Dismissing an employee solely because they requested flexible working
- Subjecting an employee to detriment (e.g., reduced hours, pay cuts, exclusion from meetings)
- Refusing a request without a valid business reason as outlined in UK law
Legal Protections in Place
The law requires employers to consider all statutory flexible working requests in a reasonable manner. Employees are protected under the Employment Rights Act 1996 and the Equality Act 2010, particularly where discrimination may arise (for example, on grounds of sex, disability, or caring responsibilities).
| Scenario | Your Legal Protection |
|---|---|
| Request unfairly declined without valid reason | Right to appeal internally; potential claim at an employment tribunal |
| Treated less favourably after making a request | Protection against detriment; possible discrimination claim under Equality Act 2010 |
| Dismissed due to request for flexible working | Protection against unfair dismissal; right to tribunal claim |
Steps to Take If Treated Unfairly
- Internal Grievance: Raise concerns with your line manager or HR department using your company’s grievance procedure.
- Appeal: Formally appeal the decision according to your employers process.
- Mediation: Consider mediation services such as Acas (Advisory, Conciliation and Arbitration Service) for early dispute resolution.
- Employment Tribunal: If unresolved, submit a claim to an employment tribunal within three months of the incident.
Support and Guidance Resources
If you need advice, organisations like Acas, Citizens Advice, or trade unions offer confidential support for employees navigating workplace disputes related to flexible working. Always document communications and decisions made regarding your request for evidence should escalation be required.
7. Practical Tips for Maximising Flexible Working Success
Securing a flexible working arrangement in the UK requires more than just understanding your legal rights; it also demands a strategic approach to presenting your case and negotiating with your employer. Here are actionable steps to help you maximise your chances of success:
Prepare a Strong Application
- Do Your Research: Understand your company’s policies, past precedents, and the statutory rights under the Employment Rights Act 1996.
- Be Specific: Clearly outline the type of flexible working you’re seeking (e.g., remote work, compressed hours, job sharing) and how this can benefit both you and your employer.
- Anticipate Challenges: Address potential concerns—such as impact on team collaboration or client service—with practical solutions.
Build a Compelling Business Case
Frame your request not only around personal needs but also how it aligns with organisational goals. Consider using the following table to structure your case:
| Employee Benefit | Employer Benefit |
|---|---|
| Improved work-life balance | Enhanced productivity and morale |
| Reduced commuting stress | Lower absenteeism rates |
| Greater autonomy | Stronger employee retention |
Communicate Effectively
- Request a Formal Meeting: Ask for a meeting with your manager or HR to discuss your proposal in person or via video call.
- Be Open and Honest: Clearly state your reasons, but be ready to listen to any concerns from management.
Negotiate Constructively
- Stay Flexible: Be prepared to discuss compromises or trial periods, such as a three-month review window.
- Offer Solutions: Suggest ways to ensure business continuity, like clear handover procedures or regular check-ins.
Sample Negotiation Strategies
- If full remote work is rejected, propose hybrid arrangements (e.g., two days in-office).
- If certain hours are non-negotiable, offer alternative flexibility (e.g., staggered start times).
Document Agreements and Follow Up
- Put It in Writing: Always confirm any agreement in writing and retain copies for your records.
- Schedule Reviews: Agree on periodic reviews to assess how the arrangement is working for both parties.
Taking these steps will not only strengthen your flexible working application but also demonstrate professionalism and commitment—qualities highly valued by UK employers. Remember, approaching negotiations collaboratively increases the likelihood of achieving a mutually beneficial outcome.
