Flexible working request advice for employers is increasingly important because employees can now make flexible working requests from the start of their employment. Requests may involve working from home, hybrid working, changes to hours, compressed hours, part-time working, job sharing or different start and finish times.
Employers do not have to agree to every request. However, they do need to handle requests carefully, consider them reasonably and avoid rushed refusals. A poor response can lead to grievances, employee relations problems and potential employment tribunal risk.
Flexible working requests can also raise wider issues, especially where the request is linked to childcare, disability, health, caring responsibilities, pregnancy, religion or work-life balance. Therefore, employers should look at the facts before deciding whether to accept, reject or suggest an alternative arrangement.
If you need practical guidance before responding to a request, you can visit our free initial employment law advice page. Early advice can help you decide whether the request can be accepted, refused or dealt with through a practical compromise.
Why flexible working request advice for employers matters
A flexible working request may seem simple at first, but it can have wider consequences for staffing, supervision, customer service, team cover, productivity and fairness between employees.
Employers should avoid making assumptions. For example, a manager may feel that a role cannot be done from home, or that changed hours would not work. However, the business should still consider the request properly and be able to explain its reasoning.
Good flexible working request advice for employers helps the business assess the request fairly while protecting operational needs.
Flexible working request advice for employers at the first stage
When a request is received, the employer should check what the employee is asking for and when they want the change to start. The request may be temporary, permanent, trial-based or linked to a particular personal situation.
The employer should also check whether the request is a statutory flexible working request or a more informal request. Either way, it is sensible to keep proper records and respond professionally.
Before making a decision, employers should consider:
- what change the employee is asking for;
- how the change may affect the business;
- whether an alternative arrangement could work.
It is usually better to speak to the employee before rejecting a request. Consultation can help identify whether a compromise is possible.
Flexible working request advice for employers before refusing
Employers should be particularly careful before refusing a request. A refusal should be based on a genuine business reason, not personal preference, habit, or a general dislike of flexible working.
Common issues may include difficulty covering work, extra cost, impact on quality, impact on performance, inability to reorganise work among existing staff, or negative effects on customer service.
However, the reason should fit the facts. If the employee challenges the decision later, the employer may need to explain why the request could not reasonably be accepted.
If the request forms part of a wider employment problem, our employment law help and assistance for employers page may also be useful.
Consulting with the employee
Consultation is an important part of the process, especially where the employer is not prepared to accept the request in full. The discussion should give the employee a fair opportunity to explain the request and respond to any concerns.
The employer may be able to suggest adjustments, such as different days, a trial period, partial homeworking, altered start and finish times, or a phased change.
Consultation also helps show that the employer has not simply rejected the request without proper thought. That can be important if the decision is later challenged.
Flexible working and discrimination risks
Flexible working requests can create discrimination risk if they are handled too rigidly. For example, a request may be linked to childcare responsibilities, disability, medical needs, pregnancy or religious commitments.
A refusal may be lawful in some cases, but the business should consider whether the decision could indirectly disadvantage the employee because of a protected characteristic.
Where the request is linked to health or disability, the employer may also need to consider reasonable adjustments. In those cases, treating the issue as a simple flexible working request may not be enough.
Trial periods and alternative arrangements
A trial period can be useful where the employer is not sure whether the request will work. It allows the business to test the arrangement before making a longer-term commitment.
The trial should be clearly recorded. Employers should confirm how long it will last, what will be reviewed, and what will happen if the arrangement does not work.
Alternative arrangements can also help. For example, the employer may reject the exact request but offer different hours, fewer homeworking days or a phased arrangement.
Communicating the decision
The decision should be confirmed clearly in writing. If the request is accepted, the employer should explain the agreed change, the start date and whether the change is permanent or temporary.
If the request is refused, the employer should explain the business reason and give enough detail to show that the matter has been properly considered.
It is usually sensible to offer an appeal or review process, even where the employer believes the decision is sound. This can help resolve misunderstandings and show that the business has acted reasonably.
Updating contracts and records
If a flexible working request is accepted and changes the employee’s working arrangements, the employer should update the written record. This may involve a contract variation letter or written confirmation of the new arrangement.
Details should include hours, location, working pattern, pay impact if any, review arrangements and whether the change is permanent.
If the request involves a contractual change, you may also find our page on changing contracts of employment useful.
Final thoughts
Flexible working request advice for employers can be valuable before the business accepts, refuses or modifies a request. Employers do not have to agree to every proposal, but they should consider each request properly and avoid automatic refusals.
Where the request is linked to childcare, disability, health, pregnancy, religion, caring responsibilities or a wider workplace dispute, more specific advice may be sensible before a decision is made.
For wider support, visit our employment law help for employers page.