Right To Request Flexible Working
Right To Request Flexible Working The Current Position
The aim of the Right To Request Flexible Working legislation is to allow employees to make a request to alter their contractual way of working. Requests could suggest a change to the location, working pattern, hours or times to better suit their needs while meeting the requirements of their job.
The legislation essentially gives employees the right to ‘ask’ for a change to their working hours or place of work and compels the employer to deal with such requests in a “reasonable manner”.
The right to request flexible working extends to employees only. Workers such as casual staff, contractors and freelancers are not eligible to make a request.
The latest update to the Right to Request Flexible Working legislation was introduced on 6 April 2024. This page reflects that update.
Eligibility To Request Flexible Working
The 2024 update removed the length of service requirement from the right to request flexible working. The change makes the right to request flexible working a Day One right.
Since the 2024 update, employees are able to submit two requests per year, previously it was restricted to one request per year. The requirement for employees to set out what effects, if any, the requested change would have on the employer and how the effects might be dealt with was removed in the 2024 update.
Considering A Request For Flexible Working
The employer must handle the request reasonably and follow a specific procedure. There is no obligation on the employer to automatically agree to a request for flexible working. The employee’s right is to request flexible working, not to have the request agreed.
Under the current regime employers are required to consult with their employees, to review available options, before rejecting a flexible working request. This means there must be a meeting with the employee before a request can be rejected. Where a request can be fully accepted there is no requirement for a meeting but I would recommend having one just to be fully sure the employee has considered all the implications the change will have to their terms and conditions of employment; such as how their holiday entitlement will be affected.
How a request is rejected was extended in the 2024 update so that the employee should be given ‘such additional information as is reasonable’ to help them understand why it has turned down their request. This means that an employer now needs to do more than just cite one of the eight business reasons it is relying on to reject the request.
The 2024 update to the legislation also reduced the time an employer has to reach a decision from three to two months. The two month period can be extended, if agreed by both parties. Thhis might be required where the decision maker or employee (or both) have holiday or other type of absence during the two month period.
The process must be conducted fairly and reasonably, in line with the Acas Code of Practice on Flexible Working Requests.
Appeals
Where a request is rejected the employee is eligible to appeal a rejected request. The appeal must be handled within 14 days of the notification of the decision to reject and within the two month time limit of receiving the request.
Right To Be Accompanied
The right to be accompanied at meetings to discuss a request for flexible working corresponds to those that apply to disciplinary and grievance meetings. (a work colleague or trade union representative).
Example Flexible Working Arrangements
Requests for flexible working can cover a wide range of options, including:
- Part-time: Working fewer than full-time hours, often by working fewer days.
- Compressed hours: Working full-time hours over fewer days, such as a 4 day week or 9-day fortnight.
- Flexitime: Employees choose their start and end times within core hours.
- Remote working/Working from home: Employees work outside the traditional workplace.
- Hybrid working: A mix of remote and in-office work.
- Job sharing: Two employees split the responsibilities and hours of one job.
- Staggered hours: Employees have different start, finish, and break times.
- Annualised hours: Employees work a set number of hours over the year, with flexibility in when those hours are worked.
- Phased retirement: Employees can gradually reduce their working hours as they approach retirement.
Benefits Of Encouraging Flexible Working
The benefits of encouraging flexible working include:
- Improved work-life balance: Employees can better manage personal and professional commitments.
- Increased productivity: Some studies show that flexible arrangements can lead to higher output.
- Reduced stress and burnout: Flexibility can help employees feel more in control of their work.
- Improved employee retention: Flexible options can make a workplace more attractive and help retain valuable staff.
- Reduced costs for employers: In some cases, flexible arrangements can lead to lower office space costs.
ACAS Code of Practice
The aim of the ACAS Code of Practice is to provide employers, employees and representatives with a clear explanation of the law on the statutory right to request flexible working, alongside good practice advice on handling requests in a reasonable manner. It also encourages employers to adopt, what it refers to as a ‘more positive’ approach to flexible working which includes ‘fostering an environment in which requests are not rejected by default without open-minded consideration and meaningful dialogue’.
The ACAS Code recommends that employers should:
- talk to an employee as soon as possible after receiving a written request, unless the request will be approved;
- allow employees to be accompanied at any discussion;
- consider the request carefully;
- inform the employee as soon as possible in writing of any decision; and
- discuss how and when the changes might best be implemented or allow an appeal.
Dealing With Competing Requests
The issue of competing requests is complicated by potential discrimination risks. For example, if you are found to have unreasonably rejected a request from an employee who has childcare issues, you could expose yourself to a potential discrimination claim. The ACAS guidance makes it clear that you are not required to make judgements about the most deserving request. However, it is likely that given the risk of discrimination claims, in some scenarios that is exactly what you may have to do to protect your business from potential claims.
It is important to remember that the statutory right to request flexible working remains a right to request only, there is no right to flexible work. You should therefore consider whether requests can be accommodated, and, if not, whether there are sufficient grounds, under the regulations, for rejecting the requests.
Practical Issues Of The Right to Request Flexible Working
- When refusing a request, you must specify which of the statutory reasons applies and support this with a full explanation so the employee understands why their request has been rejected.
- Be vigilant over the two-month time scale, the whole process including any appeal should not exceed the two months unless an extension is mutually agreed.
- If faced with competing requests be careful not to discriminate against either employee.
- When considering a request, I always recommend having a trial period before you make the change permanent.
- Where an employee fails to attend a meeting and a subsequent rearranged meeting without good reason you may consider the request as withdrawn.
- Document document document: always record the changes you agree with the employee in writing.
How Kea HR Can Help
Flexible working requests can be straightforward to manage, but they can also create operational challenges, employee relations issues and potential discrimination risks if not handled correctly.
Whether you have received a request for homeworking, compressed hours, term-time working, reduced hours or another flexible working arrangement, Kea HR can help you navigate the process confidently and compliantly.
We can support your business with:
- Flexible working requests and appeals
- Flexible working policies and procedures
- Manager guidance and training
- Assessing business grounds for refusal
- Trial periods and implementation plans
- Contract amendments and documentation
- Employee handbooks and workplace policies
- Practical HR advice tailored to SMEs
Whether you need support with a single request or want to review your approach to flexible working across the business, we can help you find practical solutions that balance employee needs with operational requirements.
Looking for a self-service solution? Our Flexible Working Toolkit contains practical guidance, policies, letters and templates to help you manage requests consistently and compliantly.
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