Benefits of Flexible Working for UK Employers

Flexible working is now a mainstream feature of UK workforce planning, not a niche perk. For many employers, it is a practical tool to attract and retain talent, manage costs and support performance. It also sits within a defined legal framework. Since 6 April 2024, the statutory right to request flexible working has applied from day one of employment, with a tighter process and decision timetable for employers. The legal right is to make a request, not to have flexible working automatically approved.

What this article is about: This article explains the benefits of flexible working from an employer and HR perspective, while keeping the legal position clear. It looks at commercial and people benefits, then shows how a well-run flexible working approach can reduce legal risk and improve consistency in decision-making.

Section A: What flexible working means in UK employment law

Flexible working is an umbrella term for working arrangements that change how, when, or where work is done. In legal terms, a statutory flexible working request is typically a request to change an employee’s terms and conditions relating to their hours, times, or place of work. For employers, this matters because agreeing flexible working often involves a contractual change, particularly where the arrangement is intended to be permanent rather than informal or time-limited.

1. What flexible working can look like in practice

In an employer setting, flexible working can cover:

• Working hours changes (for example, part-time hours, compressed hours, annualised hours, flexitime)
• Working patterns (for example, set days, shift swaps, term-time working, job sharing)
• Work location (for example, homeworking, hybrid arrangements, multi-site working)

These arrangements can be agreed informally or implemented through the statutory request process. Where the change is intended to be ongoing, it often involves a contract variation, so employers should document what has been agreed, when it takes effect, whether it is permanent or time-limited and when it will be reviewed. Employers should also be clear about any related expectations, such as core hours, availability, output measures, communication standards and on-site attendance requirements.

2. The statutory framework employers need to recognise

The “benefits” discussion only makes sense if the organisation can deliver flexibility within a process that managers can apply consistently.

Key statutory features employers should have in mind include:

• Day-one right to request: employees can make a statutory request from the start of employment (for requests made on or after 6 April 2024). This is a right to request, not a right to insist on flexible working.
• Two requests in 12 months: employees can make up to two statutory requests in any 12-month period.
• Decision period: employers must deal with the request and notify the outcome within two months, unless an extension is agreed.
• Consultation: employers are expected to consult with the employee before refusing a request. This expectation is set out in the Acas Code of Practice, and while it is not the same as a standalone statutory duty, tribunals can take the Code into account when considering whether an employer acted reasonably in practice.
• Refusal must be for a permitted business reason: the statutory scheme allows refusal only on recognised business grounds set out in the Employment Rights Act 1996 (as amended). Employers should be able to evidence why the relevant ground applies to the role and the proposed arrangement.
• No detriment for requesting: employees are protected from being subjected to detriment because they made or proposed to make a statutory flexible working request. This is an important HR risk point where the request arises in a sensitive context, such as after a return from family leave or during a health-related discussion.

Employers should also understand that employment law is devolved in Northern Ireland, so the position described in this article is for Great Britain (England, Scotland, and Wales).

If a flexible working request is mishandled, an employee may pursue different routes depending on what went wrong. A failure to follow the statutory process can lead to a tribunal claim under the flexible working regime, with remedies focused on procedural failures. Separately, and often more seriously, the same facts can give rise to discrimination claims, even where an employer believes it has “technically” complied with the flexible working process.

3. Why this legal framing matters to the “benefits” case

From an HR and employer perspective, the legal process matters because it shapes outcomes:

• It creates a repeatable way to assess requests against operational needs
• It supports consistency across teams, which reduces “favouritism” allegations
• It encourages early structured conversations about job design and performance expectations
• It gives managers a route to say “yes”, “yes with changes”, or “no for clear reasons” without drifting into informal, inconsistent arrangements

Employers that treat flexible working as a managed process, rather than a series of one-off manager decisions, are more likely to capture the commercial benefits while reducing employee relations risk.

Section Summary: Flexible working can take many forms, but the statutory right is a defined mechanism for employees to request changes to hours, times, or place of work. Since 6 April 2024, requests can be made from day one, employees can make two requests in a year and employers face a shorter decision period with an expectation of consultation and reasoned decision-making. Employers should also recognise detriment protections and the fact that poorly handled requests can trigger discrimination risk even where the flexible working process appears to have been followed. Getting this framework right is what allows employers to secure the business and people benefits that follow.

Section B: Business benefits of flexible working for employers

For many UK employers, the strongest case for flexible working is commercial rather than cultural. When implemented with structure and clear expectations, flexible working can support recruitment, retention, productivity and operational resilience without undermining control.

1. Recruitment and attraction in a competitive labour market

Flexible working has become a baseline expectation for a large proportion of the workforce, particularly for experienced professionals, parents, carers and specialist roles where skills shortages persist. Employers that can credibly offer flexibility often broaden the pool of viable candidates, including applicants who may be unable or unwilling to work rigid patterns because of travel time, family responsibilities or health considerations.

From an employer perspective, offering flexible working can:

• Broaden the available talent pool beyond traditional geographic or time-based constraints
• Improve response rates and acceptance rates in recruitment
• Strengthen employer branding without necessarily increasing salary costs

In practice, roles advertised with clear flexibility often attract stronger and more diverse candidates than roles with tightly fixed hours or location requirements. The business benefit is not simply volume of applicants, but improved match quality and retention potential.

2. Retention and reduced turnover costs

Employee turnover is costly. Recruitment fees, onboarding time, lost knowledge and reduced productivity during transitions all have a measurable impact. Flexible working can support retention by allowing employees to adapt their working arrangements as their circumstances change, reducing the pressure points that often lead to resignations such as caring responsibilities or long commutes.

From an HR cost perspective, retaining skilled employees through flexibility is often cheaper than replacing them. The benefit is usually highest for roles where capability takes time to build and where relationships, technical knowledge or client continuity are commercially important.

3. Productivity and performance outcomes

Flexible working does not automatically reduce output. In many roles, it can improve productivity when employers define expectations clearly and manage performance by reference to measurable outputs. Employees with greater autonomy over working patterns often manage their time more effectively and can align working hours with periods of peak concentration.

Well-managed flexible working can contribute to:

• Higher individual productivity due to fewer distractions and better concentration
• Improved time management when employees have autonomy over working patterns
• Greater accountability when objectives, deliverables and communication standards are clearly defined

The core point for employers is that flexible working works best where managers actively manage outcomes, not attendance. Clarity on service coverage, response times, handovers and collaboration tools is usually more important than the number of days spent in a particular place.

4. Absence management and attendance

Employers frequently report a link between flexible working and reduced short-term absence. Flexibility can reduce sickness absence linked to stress, burnout and work–life conflict and can also help employees manage appointments, caring responsibilities or fluctuating health conditions without taking time off.

Over time, this can lead to:

• More stable staffing levels
• Fewer last-minute disruptions
• Lower management time spent on avoidable absence issues

For HR teams, this also supports a more constructive approach to wellbeing conversations, particularly where early adjustments can prevent problems escalating into longer-term sickness absence.

5. Operational resilience and continuity

Flexible working can support business continuity and resilience. Organisations with established flexible working practices are often better placed to respond to disruption, because employees and managers are already accustomed to alternative working arrangements.

Employers may benefit from:

• Greater adaptability during disruption, such as transport issues or adverse weather
• Easier implementation of staggered hours or hybrid models where office capacity is limited
• A workforce that is already familiar with remote collaboration, reducing reliance on emergency measures

This resilience can be particularly valuable for employers operating across multiple sites or regions, and for client-facing teams where service continuity matters.

Section Summary: From a business perspective, flexible working can deliver measurable benefits in recruitment, retention, productivity, attendance stability and operational resilience. When supported by clear role design and performance management, flexibility is not a concession to employees but a strategic tool that helps employers control costs, stabilise their workforce and maintain output in a changing labour market.

Section C: Workforce and HR benefits of flexible working

Beyond direct commercial gains, flexible working plays a significant role in workforce management, employee relations and organisational culture. For HR teams, it can be a practical mechanism for improving wellbeing, supporting inclusion and driving engagement, provided decisions are made consistently and managers understand the process.

1. Employee wellbeing and work–life balance

One of the most established benefits of flexible working is its impact on employee wellbeing. Greater control over working hours and location can reduce stress, fatigue and burnout, particularly where rigid patterns create avoidable pressure in day-to-day life.

From an HR perspective, flexible working can:

• Help employees balance work with family, caring or personal commitments
• Reduce commuting time and associated stress
• Support healthier working patterns, particularly for employees with long or irregular hours

Where employees can work in a way that is sustainable, employers often see improved engagement and more consistent performance over time. This can be particularly relevant in roles with higher intensity workloads, or where retention depends on an employee’s ability to balance work with life-stage commitments.

2. Inclusion, equality and reasonable adjustments

Flexible working can support equality and diversity outcomes, and in some cases it will overlap with the employer’s duty to make reasonable adjustments for disabled employees. While not every flexible working arrangement is a reasonable adjustment, a willingness to consider flexibility can be central to supporting employees who share protected characteristics.

Examples include:

• Adjusting hours, work location or working patterns for disabled employees
• Supporting parents returning from maternity, paternity or shared parental leave
• Enabling employees with religious or cultural commitments to manage working time

Handled properly, flexible working can help employers demonstrate a proactive approach to inclusion. It can also reduce the risk of indirect discrimination by ensuring that apparently neutral working requirements, such as fixed start times or mandatory office attendance, are assessed critically where they disproportionately disadvantage particular groups.

A key compliance point for employers is that discrimination risk can arise from the broader circumstances and decision-making approach, not just whether the statutory flexible working process was followed. Even where an employer believes it has complied procedurally, a refusal that cannot be objectively justified, or a decision made inconsistently, may still expose the organisation to discrimination claims.

3. Supporting carers, parents and older workers

Caring responsibilities are increasingly common across all age groups, and the UK workforce is ageing. Flexible working can help employers retain experienced employees who might otherwise reduce hours or leave employment, particularly where rigid attendance patterns create unnecessary barriers.

Flexible working allows employers to:

• Retain experienced employees who might otherwise exit the workforce
• Support employees with elder care or childcare responsibilities
• Maintain skills and institutional knowledge within the organisation

This can be commercially significant in roles where experience, continuity and client relationships take time to build, and where workforce stability reduces operational disruption.

4. Morale, trust and organisational culture

How flexible working requests are handled can have a broader cultural impact beyond the individual applicant. A fair and transparent approach can build trust between employees and management, reinforce a culture of openness and reduce informal workarounds that undermine consistency.

A robust approach can:

• Build trust between employees and management
• Reinforce a culture of openness and mutual respect
• Reduce resentment between teams by improving fairness and transparency

Conversely, inconsistent or poorly explained decisions can undermine morale, even where refusals are legally justifiable. For employers, the reputational impact can be internal as well as external, affecting engagement scores, turnover and management credibility.

5. Manager capability and HR consistency

From an HR governance perspective, flexible working provides a structured process for managers to have meaningful conversations about role design, performance and expectations. It can prompt better planning around coverage, handovers and collaboration and can also help HR teams reduce drift into ad hoc agreements that are applied unevenly.

Benefits include:

• Clearer documentation of agreed working arrangements
• Greater consistency across departments and managers
• Reduced reliance on informal flexibility that may be difficult to manage or withdraw

Where managers understand the statutory framework and the organisation’s policy approach, HR teams are better able to maintain a consistent standard of decision-making, and employees are more likely to view outcomes as legitimate, even where the answer is not the one they wanted.

Section Summary: Flexible working delivers significant workforce and HR benefits, including improved wellbeing, stronger inclusion outcomes and better employee relations. It can help employers support carers, parents and older workers while retaining experience and reducing turnover. For HR teams, the greatest value often comes from having a structured process that supports consistent decision-making and reduces discrimination risk, alongside meaningful conversations about how work is done and how performance is measured.

Section D: Legal and risk management benefits of flexible working

While flexible working is often discussed in terms of culture and productivity, it also plays an important role in legal compliance and risk management. For UK employers, a structured approach to flexible working can help reduce exposure to employment tribunal claims and demonstrate fair treatment across the workforce.

1. Compliance with the statutory flexible working framework

Operating a clear flexible working process helps employers meet their statutory obligations and evidence compliance. This includes ensuring requests are acknowledged, discussed and decided within the required timeframe, with outcomes confirmed to the employee in a clear and reasoned way.

Key compliance benefits include:

• Clear alignment with the statutory right to request flexible working
• A documented process for handling requests within the required timeframe
• Evidence that requests are considered properly and not dismissed informally

This is particularly important following the April 2024 reforms, which shortened the decision period and strengthened expectations around consultation. Employers that fail to operate a consistent process risk procedural claims under the flexible working regime, as well as wider people management issues.

2. Reducing discrimination and unfair dismissal risk

Flexible working requests often overlap with protected characteristics, such as sex, disability, age or religion. Decisions that are inconsistent, poorly evidenced or handled without proper consultation can increase legal exposure.

A well-managed approach can help employers:

• Avoid indirect discrimination by assessing requests objectively
• Demonstrate justification where a request cannot be accommodated
• Reduce the risk of claims linked to maternity, disability or caring responsibilities

It is also important to recognise that discrimination risk can arise even where an employer believes it has complied with the flexible working process. For example, a refusal may be procedurally correct but still discriminatory if the employer cannot objectively justify the requirement being applied, or if it fails to consider adjustments properly in a disability context.

Employers should also be alert to the risk of detriment. Employees are protected from being subjected to detriment for making or proposing to make a statutory flexible working request, and this often becomes a practical HR risk issue where the request is linked to health concerns, pregnancy, maternity return or other sensitive workforce situations.

3. Lawful refusals and evidence-based decision-making

UK law allows employers to refuse statutory flexible working requests only for specific business reasons. A structured process supports correct decision-making because it forces a manager to identify the relevant statutory ground and explain how it applies to the role and the proposal.

Benefits of a compliant approach include:

• Clear rationale for refusal based on permitted statutory grounds
• Better-quality evidence if a decision is challenged
• Reduced risk of grievances escalating into tribunal proceedings

In practice, employers are in the strongest position where they can show that they explored the request properly, considered alternatives, tested assumptions where possible and reached a reasoned conclusion that links directly to operational need.

4. The role of policies and manager training

A written flexible working policy is not legally mandatory, but it is a key risk management tool. The practical legal benefit is consistency. Where managers use a shared framework, the organisation reduces the risk of decisions being influenced by individual preferences, team culture or inconsistent standards.

Effective policies and training:

• Set expectations for employees and managers
• Reduce inconsistent handling of requests
• Support line managers in having structured, lawful discussions

Training is especially important where line managers are expected to consult meaningfully, weigh evidence and communicate outcomes in a way that reduces conflict. HR teams often find that the quality of the consultation stage determines whether an issue resolves quickly or becomes a grievance.

5. Handling appeals and follow-up arrangements

Where employers allow appeals or review arrangements, a structured approach can further reduce conflict. Appeals are not a strict statutory requirement, but offering an internal review stage is often sensible, particularly where the request relates to sensitive personal circumstances or where the decision depends on operational assumptions that could be re-tested.

This may include:

• Clear appeal stages and timescales
• Trial periods or temporary arrangements where appropriate
• Regular review points to assess impact on the role or team

These mechanisms can resolve issues early and prevent escalation, while still preserving the employer’s ability to manage operational requirements.

Section Summary: Flexible working, when managed within the statutory framework, offers clear legal and risk management benefits. It supports compliance, reduces discrimination exposure and helps employers evidence fair and reasoned decision-making, including where a request is refused for permitted business reasons. Employers should also recognise detriment protections and the fact that discrimination risk can arise even where the flexible working process appears procedurally compliant. Clear policies and manager training are the practical foundations for capturing these benefits while maintaining consistent standards across the organisation.

FAQs

1. Is flexible working a legal right in the UK?

Flexible working is not an automatic right to work flexibly. Employees have a statutory right to request flexible working, and employers must consider the request in a reasonable manner and within the statutory framework. The legal right is to make a request, not to have flexible working granted.

2. Can employers refuse flexible working requests?

Yes. Employers can refuse a statutory flexible working request, but only for one or more of the permitted business reasons set out in legislation. Refusals should be evidence-based, clearly explained and supported by meaningful consultation, including consideration of alternatives where the original request is not workable.

3. Does flexible working have to be agreed permanently?

No. Flexible working arrangements can be agreed on a temporary basis, for a trial period, or subject to review. Employers can propose alternative arrangements where the original request is not workable. Where an arrangement is agreed, employers should document whether it is permanent or time-limited, when it takes effect and when it will be reviewed.

4. How many flexible working requests can an employee make?

Employees can make up to two statutory flexible working requests in any 12-month period, provided each request meets the statutory requirements.

5. What are the risks of mishandling flexible working requests?

Poor handling can expose employers to tribunal claims under the flexible working regime, as well as wider claims such as discrimination, constructive dismissal or unfair dismissal depending on the facts. Discrimination risk is particularly relevant where the request relates to disability, pregnancy, maternity return, caring responsibilities or other protected characteristics. Employees are also protected from detriment for making or proposing to make a statutory flexible working request, so employers should ensure managers handle requests professionally, consistently and without any negative treatment of the individual for raising the issue.

Conclusion

The benefits of flexible working for UK employers extend well beyond employee satisfaction. When approached strategically and within the legal framework, flexible working can strengthen recruitment, improve retention, support productivity and reduce legal risk. It can also support inclusion, help employers retain experienced staff and reduce avoidable conflict by providing a structured way to manage changes to hours, times or place of work.

For HR professionals and employers, the key is consistency. Clear policies, trained managers and evidence-based decision-making allow organisations to capture the commercial and workforce benefits of flexibility while meeting their statutory obligations. Employers should also remember that the legal right is to request flexible working, not to insist on it, and that poor handling can expose the organisation to wider claims, including discrimination or detriment allegations, even where the statutory process appears to have been followed.

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