Understanding Your Right to Request Flexible Working
Flexible working is a statutory right for employees across the UK, including England, Scotland, Wales, and Northern Ireland. It empowers individuals to request changes to their working arrangements, such as hours, times, or locations of work. This entitlement is designed to support a healthy work-life balance and enhance workplace inclusivity.
Overview of Statutory Rights
The right to request flexible working is governed by employment law, ensuring that eligible employees can formally ask their employer for flexibility. Employers are legally obliged to consider these requests in a reasonable manner and respond within a defined period.
Eligibility Criteria
| Criteria | Description |
|---|---|
| Employment Status | Must be an employee (not agency staff or self-employed) |
| Length of Service | No minimum service required (as per recent legal updates) |
| Frequency of Requests | Can make up to two requests in any 12-month period (England, Scotland, Wales, NI) |
Recent Legal Updates
The Employment Relations (Flexible Working) Act 2023 has modernised the process across the UK. Key changes include the removal of the previous 26-week qualifying period and the allowance for multiple requests per year. These updates reflect the evolving expectations of the workforce and promote greater accessibility to flexible work options.
Applicability Across the UK
The statutory framework applies equally in all four nations: England, Scotland, Wales, and Northern Ireland. However, employers should also check if any local employment policies or collective agreements provide enhanced rights beyond the statutory minimums.
Preparing Your Flexible Working Request
Before formally submitting a flexible working request in the UK, it is crucial to approach the process with preparation and strategic thinking. This will not only strengthen your case but also demonstrate professionalism and consideration for your employers business needs. Here’s how you can prepare effectively:
Step 1: Assess Your Needs
Begin by clearly identifying the type of flexible working arrangement you require, such as remote working, compressed hours, part-time hours, or job sharing. Reflect on your personal motivations—whether they are related to family commitments, wellbeing, or professional development—and consider how these align with your work responsibilities.
Types of Flexible Working Arrangements
| Arrangement Type | Description |
|---|---|
| Remote Working | Working from home or another location outside the office |
| Compressed Hours | Fulfilling full-time hours over fewer days |
| Part-Time Work | Working fewer hours or days than a standard contract |
| Job Sharing | Two people share the responsibilities of one full-time role |
| Flexitime | Choosing when to start and finish work (within agreed limits) |
Step 2: Consider Business Impact
Your employer will evaluate your request based on operational requirements. Anticipate potential concerns such as workflow disruption, impact on team collaboration, client service levels, or scheduling conflicts. Prepare solutions or mitigations for these challenges in advance.
Questions to Consider:
- How will my proposed arrangement affect my duties and team objectives?
- What adjustments can be made to ensure business continuity?
- Can technology or process changes support this transition?
- How might this set a precedent for others in the organisation?
Step 3: Gather Supporting Information
Collate evidence to reinforce your request. This might include recent performance reviews, productivity data, testimonials from colleagues or clients, and examples of successful flexible working (internally or externally). Demonstrating that you have researched company policy and relevant UK employment law will further strengthen your position.
Checklist Before Approaching Your Employer:
- Identify your preferred flexible working pattern and rationale
- Evaluate the possible impact on your role and the wider business
- Prepare mitigation strategies for anticipated challenges
- Gather documentation and supporting evidence
- Review company policies and ACAS guidance on flexible working rights in the UK
Taking these preparatory steps will position you as a thoughtful employee who balances personal needs with organisational priorities—a vital mindset in effective workplace negotiation under UK employment law.
3. Making a Formal Flexible Working Request
Drafting a formal flexible working request in the UK requires careful adherence to legal standards set out by employment law. A well-prepared written request not only strengthens your case but also ensures your employer is legally obliged to consider your proposal seriously. Below, we break down the essential steps and structure for submitting an effective application.
Format of the Written Request
Your request must be submitted in writing, either via email or as a printed letter, addressed to your line manager or HR department. Ensure that the document is clearly titled (e.g., “Flexible Working Request under the Employment Rights Act 1996”) and dated for record-keeping purposes.
Required Content of Your Request
The UK legal framework specifies certain key elements that must be included in your application. The table below outlines these requirements:
| Element | Description |
|---|---|
| Your personal details | Name, job title, department, and employee number (if applicable) |
| Date of submission | The date you are submitting your request |
| Statement of request | A clear statement that you are making a statutory flexible working request |
| Details of proposed change | The specific change(s) you wish to make (e.g., hours, days, location) |
| Date for proposed change to begin | The preferred start date for the new arrangement |
| Impact assessment | An explanation of how the change might affect your work and colleagues, plus suggestions on managing any impact |
| Previous applications | Disclosure of any prior statutory requests made within the past 12 months (date(s) and outcome) |
| Signature (if submitting in print) | Your signature to verify authenticity if sending a hard copy letter |
Submission Protocols and Employer Acknowledgement
Submit your written request directly to your manager or HR contact. It is best practice to retain a copy for your records. Upon receipt, employers are legally required to acknowledge your application promptly—usually within a week—and arrange a meeting to discuss your proposal within three months unless otherwise agreed.
4. Employer Consideration and Response
Once an employee has submitted a flexible working request, UK law stipulates clear obligations and timescales for employers to follow. Understanding these requirements is crucial for both employers and employees to ensure the process is fair, transparent, and legally compliant.
Legal Timescales
Under the Employment Rights Act 1996 and subsequent amendments, employers must deal with flexible working requests in a “reasonable manner” and provide a decision within a specific timeframe. As of April 2024, the statutory timescale is as follows:
| Stage | Legal Deadline |
|---|---|
| Employer consideration & meeting (if necessary) | Promptly after receiving the request |
| Total decision period (including appeals) | 2 months from receipt of request (unless extended by agreement) |
The Employer’s Obligations
- Assess the request fairly, considering both business needs and the employee’s circumstances.
- Hold a meeting with the employee if clarification or discussion is needed.
- Provide a written decision within two months, stating whether the request is approved or declined.
- If refused, clearly outline business reasons for refusal and inform the employee of their right to appeal.
Common Grounds for Acceptance or Refusal
An employer may accept or refuse a flexible working request based on legitimate business grounds. The most common statutory reasons for refusal are outlined below:
| Ground for Refusal | Description |
|---|---|
| Burden of additional costs | The change would result in unreasonable financial costs to the organisation. |
| Detrimental effect on ability to meet customer demand | The new arrangement would negatively impact service delivery or client needs. |
| Inability to reorganise work among existing staff | The workload cannot be redistributed effectively amongst other team members. |
| Inability to recruit additional staff | No viable option to hire new staff to cover revised hours or responsibilities. |
| Detrimental impact on quality or performance | The proposed change could lower output standards or efficiency. |
Best Practice Tip
It is recommended that employers document all considerations and communications throughout the process. This not only ensures compliance but also fosters trust and transparency within your organisation.
5. Appealing a Decision or Raising a Grievance
If your flexible working request is refused, it’s important to understand the options available to challenge the decision. In the UK, both internal and external avenues exist for employees seeking further recourse. Below is an overview of the steps you can consider:
Internal Appeal Process
Most organisations have an established appeals procedure as part of their flexible working policy. You should first review your employer’s policy documents or staff handbook to ensure you follow the correct process. Typically, you’ll need to submit your appeal in writing within a set timeframe, clearly outlining why you believe the decision was incorrect or unfair.
| Step | Description |
|---|---|
| 1. Review Employer Policy | Check your organisation’s procedures for appealing decisions on flexible working requests. |
| 2. Submit Written Appeal | Prepare a formal appeal letter stating your grounds for challenging the refusal. |
| 3. Attend Appeal Meeting | You may be invited to discuss your case further with management or HR. |
| 4. Receive Final Decision | The employer must provide a final written outcome following your appeal. |
Raising a Grievance
If you feel that the process was not followed correctly or suspect discrimination, you may wish to raise a formal grievance through your organisation’s internal procedures. This should also be done in writing and can run concurrently with or after the appeals process.
External Support and Legal Options
If internal processes do not resolve the matter satisfactorily, you have further support channels available:
| Resource | Description |
|---|---|
| ACAS (Advisory, Conciliation and Arbitration Service) | ACAS provides free, impartial advice on workplace rights and can offer early conciliation services before taking legal action. |
| Employment Tribunal | If all else fails, you may lodge a claim with an Employment Tribunal. Claims must generally be made within three months of the employer’s final decision. |
Key Considerations Before Taking Further Action
- Always keep detailed records of all correspondence and meetings regarding your request.
- Seek professional advice from ACAS or an employment solicitor if unsure about next steps.
Pursuing an appeal or grievance is your right under UK law, but it’s important to follow each stage methodically and professionally to maximise your chances of a favourable outcome.
6. Practical Tips for Successful Outcomes
Best Practices for Communication
Effective communication is at the heart of a successful flexible working request. Begin by preparing a well-structured written application that clearly outlines your proposed changes, the benefits to both yourself and the business, and how you plan to mitigate any potential challenges. When discussing your proposal, choose a suitable time and setting for an open, constructive conversation with your line manager or HR representative. Be professional, concise, and transparent about your needs and motivations. Avoid making demands—instead, frame your request as a collaborative opportunity to improve both personal productivity and organisational performance.
Negotiating Solutions
Entering negotiations with a flexible and pragmatic mindset can make all the difference. Be prepared to discuss alternative arrangements if your original request cannot be fully accommodated. Consider options such as staggered hours, compressed weeks, partial remote work, or job sharing. The following table outlines some common flexible working patterns and their potential advantages:
| Flexible Working Pattern | Description | Potential Benefits |
|---|---|---|
| Flexi-time | Choosing start/end times within agreed limits | Improved work-life balance; reduced commuting stress |
| Compressed Hours | Working standard hours over fewer days | Longer weekends; increased focus during workdays |
| Remote Working | Working from home or another location part/all week | Reduced travel costs; better concentration |
| Job Sharing | Two people share one full-time role | Diversified skills; greater coverage for the role |
Maintaining a Positive Working Relationship
The way you handle your request can have lasting effects on your relationship with your employer. Show appreciation for their consideration regardless of the outcome. If your request is granted, ensure you deliver on commitments and maintain regular communication regarding progress or challenges. If your request is declined, seek feedback professionally and ask if there are future opportunities to revisit the conversation.
Key Takeaways for Building Trust:
- Be honest about your reasons and expectations.
- Demonstrate understanding of business needs.
- Remain solution-oriented in discussions.
- Acknowledge concerns raised by management.
A Proactive Approach Pays Dividends
By taking these practical steps—communicating clearly, negotiating in good faith, and nurturing positive relationships—you increase the likelihood of achieving a mutually beneficial flexible working arrangement while reinforcing trust and professionalism within your workplace.
