Flexible Working Legislation UK: Employer Guide

Flexible working legislation has become a central feature of UK employment law, reflecting long-term changes in how work is organised and the expectations of the modern workforce. For employers, the legal framework governing flexible working is no longer a peripheral HR issue but a core compliance and workforce planning consideration.

Legislative reform introduced by the Employment Relations (Flexible Working) Act 2023, effective from 6 April 2024, has strengthened employee rights while placing clearer procedural obligations on employers. These changes affect when flexible working requests can be made, how employers must respond, and the risks of non-compliance where requests are mishandled or refused without proper justification.

From an employer perspective, flexible working legislation must be understood not only in isolation but in its interaction with discrimination law, unfair dismissal principles, and broader employee relations strategy. While the law does not create an automatic right to work flexibly, it does impose a structured legal process that employers are expected to follow carefully and consistently.

What this article is about

This article provides a comprehensive guide to UK flexible working legislation for business owners and HR professionals. It explains the legal framework governing flexible working requests, outlines employee rights and employer duties, and examines how requests should be assessed and lawfully refused where necessary. The guide also explores the wider legal risks associated with flexible working, including discrimination exposure, and offers practical insight into compliant decision-making within organisations.

Section A: What Is Flexible Working Legislation?

Flexible working legislation refers to the statutory framework that gives employees the legal right to request changes to how, when, or where they work, and sets out how employers must deal with those requests. The law does not guarantee that flexible working will be granted, but it does impose enforceable procedural duties on employers when a request is made.

At its core, flexible working legislation is designed to balance employee work–life needs with the operational requirements of the business. It recognises that flexibility can take many forms, including changes to working hours, working patterns, or work location, while preserving the employer’s ability to refuse requests on legitimate business grounds.

The primary source of flexible working law is Part 8A of the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023. This framework is supported by secondary legislation and ACAS statutory guidance, which employment tribunals are required to take into account where relevant. Together, these sources establish who can make a request, how often requests can be made, the timescales for handling them, and the permitted reasons for refusal.

Importantly, flexible working legislation operates alongside, rather than replacing, contractual terms of employment. Unless a request is agreed, an employee’s existing contractual obligations remain unchanged.

Flexible working legislation must also be understood in its wider legal context. How an employer responds to a request can have implications under discrimination law, particularly where the request is linked to childcare responsibilities, disability, religious observance, or other protected characteristics under the Equality Act 2010. As a result, compliance is not limited to following the correct process but extends to making fair, evidence-based decisions that can be objectively justified if challenged.

Section A Summary

Flexible working legislation establishes a legal right to request flexibility and a duty on employers to consider those requests properly. While it does not compel employers to agree to flexible working, it creates a structured decision-making process that carries legal risk if mishandled. Understanding the statutory framework is the foundation for managing requests lawfully and defensibly.

Section B: Employee Rights Under Flexible Working Law

UK flexible working legislation grants employees a statutory right to request changes to their working arrangements, rather than an automatic right to work flexibly. Understanding the scope of this right is critical for employers, as the law prescribes who can make a request, when it can be made, and how often it may be exercised.

From 6 April 2024, employees are entitled to make a statutory flexible working request from the first day of employment. This change, introduced by the Employment Relations (Flexible Working) Act 2023 and related reforms, means employers may now receive requests during recruitment, onboarding, or early probationary periods. The right applies to all employees, regardless of role or seniority, provided they are engaged under a contract of employment.

Employees are permitted to make up to two statutory flexible working requests in any 12-month period. This limit applies to statutory requests made under the Employment Rights Act 1996, not to informal discussions or contractual requests where an employer chooses to consider flexibility outside the statutory framework. In practice, employers may receive both statutory and non-statutory requests, but statutory requests trigger the legal duties and deadlines set out in legislation.

A request can relate to changes in hours, times, or location of work, including arrangements such as part-time working, compressed hours, flexitime, remote working, or hybrid models. The legislation does not restrict requests to a single type of flexibility, and employees may propose arrangements that combine several elements.

Although employees have a right to make a request, they do not have a legal entitlement for that request to be approved. The law instead focuses on ensuring that requests are considered in a reasonable manner. Employees are entitled to receive a decision within the statutory timeframe and to be given clear reasons where a request is refused. Employers should also note that, following the 2024 reforms, employees are no longer required to explain what effect their request may have on the employer or how any such effect might be dealt with. This places greater responsibility on employers to assess impact and explore options through consultation.

Flexible working rights exist independently of other statutory entitlements, but they frequently overlap in practice. Requests connected to caring responsibilities, health conditions, or religious observance may engage additional legal protections, increasing the risk profile for employers if requests are rejected without careful consideration.

Section B Summary

Employees have a day-one statutory right to request flexible working and may submit up to two statutory requests per year. While there is no right to approval, employees are entitled to a fair process, a timely decision, and clear reasons for any refusal. Employers should recognise that these rights often intersect with wider employment law protections, particularly discrimination law.

Section C: Employer Legal Duties and Process Requirements

Flexible working legislation imposes clear procedural obligations on employers once a statutory request is made. Compliance is assessed less on the outcome of the request and more on how the employer handles the process, making consistency, consultation, and documentation essential.

Employers must deal with a flexible working request in a reasonable manner. While the legislation does not prescribe a rigid procedure, it does require employers to actively engage with the request rather than dismiss it automatically. This includes reviewing the proposal on its merits, considering potential alternatives, and assessing the practical impact on the business. In most cases, a meeting with the employee will be necessary to explore the request properly, particularly where it may be workable with adjustments or trial arrangements.

A central legal requirement is consultation. Employers are expected to consult with the employee before refusing a statutory flexible working request, even where the employer believes the request cannot be accommodated. Consultation allows the employee to explain their position and gives the employer an opportunity to explore compromises or alternative forms of flexibility. A failure to consult before refusal is increasingly likely to be viewed as a breach of the statutory process, even where a valid business reason exists.

Employers must complete the flexible working process within two months of receiving a statutory request, unless a longer period is agreed with the employee. This two-month period is a maximum timeframe rather than a target and includes any consultation discussions and the final decision. Employers should ensure internal processes are robust enough to meet this deadline, particularly where multiple requests are being handled at the same time.

Where a request is refused, the employer must clearly identify at least one statutory business reason relied upon and explain why it applies in the specific circumstances. Generic or formulaic refusals increase legal risk, particularly where the refusal may disproportionately affect certain groups of employees. Employers should also retain records of requests, meetings, and decisions to demonstrate compliance and provide a clear audit trail if the decision is challenged.

Section C Summary

Employers are legally required to handle flexible working requests reasonably, consult before refusing, and issue a decision within the statutory timeframe. The two-month decision period represents a legal maximum, not a benchmark. Clear reasoning, proper consultation, and thorough record-keeping are critical to reducing legal and employee relations risk.

Section D: Refusing Flexible Working Requests Lawfully

Although flexible working legislation strengthens employee rights, it preserves an employer’s ability to refuse requests where there are legitimate business grounds for doing so. However, refusals must be handled carefully, as this is where legal risk most commonly arises.

An employer may refuse a statutory flexible working request only by relying on one or more of the prescribed statutory business grounds set out in legislation. These include situations where granting the request would result in an additional cost burden, have a detrimental effect on the ability to meet customer demand, reduce quality or performance, or where the employer cannot reorganise work among existing staff or recruit additional staff to accommodate the change. Employers must be able to demonstrate that the ground relied upon is genuine and relevant to the specific role and working arrangement proposed.

Refusal decisions must be evidence-based and tailored to the individual request. Blanket policies or assumptions about certain types of flexible working, such as remote working or reduced hours, are unlikely to withstand scrutiny. Employers should assess whether the requested arrangement could operate in practice, including whether adjustments, temporary arrangements, or trial periods could mitigate the stated business impact.

The risk of indirect discrimination is a critical consideration when refusing flexible working requests. Requests linked to childcare responsibilities, disability, age, or religious observance may engage the Equality Act 2010. Even where a statutory refusal ground applies, the employer must be able to show that the refusal is a proportionate means of achieving a legitimate aim. Failure to meet this test can expose the employer to discrimination claims, where compensation is uncapped.

It is also important for employers to understand the distinction between remedies for procedural breaches and discrimination claims. Where an employer fails to comply with the flexible working process itself, compensation is capped at a maximum of eight weeks’ pay. By contrast, claims arising under discrimination law carry no statutory cap and may include injury to feelings awards.

Employers should also consider the wider employee relations implications of refusing flexible working requests. Poorly explained or inconsistently applied refusals can damage trust, increase turnover, and escalate disputes. A transparent decision-making process, supported by clear reasoning and contemporaneous records, helps reduce both legal and commercial risk.

Section D Summary

Employers can lawfully refuse flexible working requests, but only by relying on at least one statutory business ground and following a fair consultation process. Refusals must be specific, evidence-based, and mindful of discrimination risk. A defensible refusal is one that demonstrates both legal compliance and fair treatment.

FAQs

What legislation governs flexible working in the UK?
Flexible working is primarily governed by Part 8A of the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023. The statutory framework is supported by secondary legislation and ACAS statutory guidance, which employment tribunals must take into account where relevant.

Do employees have a legal right to work flexibly?
No. Employees have a statutory right to request flexible working, not an automatic right for the request to be approved. Employers may refuse a request where one or more statutory business grounds apply, provided the request is handled in a reasonable and lawful manner.

How many flexible working requests can an employee make?
An employee may make up to two statutory flexible working requests in any 12-month period. This limit applies only to statutory requests made under the legislation and does not prevent employers from considering additional informal or contractual flexibility requests if they choose to do so.

How long do employers have to respond to a flexible working request?
Employers must complete the flexible working process, including consultation and issuing a decision, within two months of receiving a statutory request, unless a longer period is agreed with the employee. This two-month period represents a legal maximum rather than a recommended target.

Can flexible working requests be refused during probation?
Yes. Employees have the right to request flexible working from the first day of employment, including during probation. However, probationary status alone is not a lawful reason for refusal. Employers must rely on one or more statutory business grounds and ensure the decision is objectively justified.

What are the risks of getting flexible working wrong?
Failure to follow the correct statutory process can result in employment tribunal claims, with compensation capped at eight weeks’ pay. Where a refusal gives rise to discrimination claims under the Equality Act 2010, compensation is uncapped and may include injury to feelings awards.

Conclusion

Flexible working legislation has reshaped the legal landscape for UK employers, placing greater emphasis on procedural fairness, consultation, and evidence-based decision-making. While the law stops short of creating an automatic right to flexible working itself, it establishes enforceable standards for how statutory requests must be handled.

For business owners and HR professionals, compliance requires more than identifying a valid business reason for refusing a request. Employers must ensure that requests are considered individually, discussed openly with employees, and decided within the statutory timeframe. Decisions that are rushed, poorly documented, or based on assumptions rather than evidence are more likely to result in legal challenge.

Flexible working should also be approached as a strategic workforce issue rather than a purely legal one. A clear policy, trained managers, and consistent processes can help organisations manage requests lawfully while supporting retention, engagement, and operational resilience. Getting the framework right reduces legal exposure and supports a more sustainable approach to flexible working in practice.

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