Flexible Working Policy Guide

Flexible working has become a core feature of modern employment in the UK rather than an exception or workplace perk. Changes to working patterns accelerated during the COVID-19 pandemic and have since been reinforced by legislative reform, making flexibility a standard consideration for employers across all sectors.

From 6 April 2024, changes introduced by the Flexible Working (Amendment) Regulations 2023 significantly altered the legal landscape. All employees now have a day-one statutory right to request flexible working, with employers subject to tighter procedural obligations and shorter decision-making timeframes. These reforms have increased the importance of having a clear, lawful and consistently applied flexible working policy.

For employers, a well-drafted flexible working policy is not simply an HR document. It plays a critical role in setting expectations, managing operational impact, ensuring legal compliance and reducing exposure to grievances, discrimination risk and employment tribunal claims. Poorly handled requests, inconsistent decision-making or misunderstandings around legal obligations can quickly lead to disputes and reputational damage.

A flexible working policy should provide a structured framework explaining how employees can make a request, how those requests will be assessed and the process the organisation will follow when approving or refusing changes. While the law sets minimum standards, employers are expected to handle requests in a reasonable manner, consult before refusing and make decisions within statutory time limits. A clear policy helps demonstrate compliance with these duties.

What this article is about

This article provides a comprehensive employer guide to flexible working policies under UK employment law. It explains what a flexible working policy is, how it differs from informal flexibility and why it is essential for legal compliance following the 2024 reforms. The guide also sets out the statutory framework governing flexible working requests, what a compliant policy should include, how employers should respond to requests in practice and how to manage refusals, appeals and legal risk.

Section A: What Is a Flexible Working Policy?

A flexible working policy sets out an employer’s formal approach to managing requests for flexibility in how, when or where work is performed. It provides a clear framework for employees and managers, explaining the process for making a request, how requests will be assessed and the factors that will influence decision-making. While flexible working rights are established in statute, the policy operates as the practical mechanism through which those rights are exercised within the organisation.

A well-drafted policy helps ensure requests are handled consistently and in line with legal requirements. It also reduces the risk of misunderstandings, inconsistent outcomes and claims that requests have been handled unreasonably or unfairly. Importantly, a flexible working policy does not create an automatic right for employees to work flexibly. Instead, it governs the statutory right to request flexible working and the employer’s response to that request.

1. Meaning of a Flexible Working Policy

Flexible working is an umbrella term covering any working arrangement that provides flexibility in an employee’s hours, working times or location. This can include remote or home working, flexitime, part-time hours, job sharing, compressed hours or a combination of these arrangements. A flexible working policy explains how employees can request such changes and how the employer will deal with those requests.

The policy should make clear that flexible working requests are considered under the statutory framework set out in the Employment Rights Act 1996 and related regulations. It should also clarify that approval of a request will usually result in a permanent change to the employee’s working arrangements, and may result in changes to contractual terms where those terms are affected, unless expressly agreed otherwise. This is particularly important where the employer agrees to a temporary change or trial arrangement, or where flexibility is agreed on an informal basis.

2. Why Employers Need a Flexible Working Policy

Although there is no legal requirement for employers to have a written flexible working policy, having one is strongly recommended. The statutory right to request flexible working imposes procedural duties on employers, including the requirement to handle requests in a reasonable manner, consult with employees before refusing a request and provide a decision within the prescribed timeframe.

A clear policy helps employers meet these obligations by providing managers with structured guidance on how to respond to requests. It also supports fair and consistent decision-making across the organisation, reducing the risk of allegations of bias or discrimination. Where disputes arise, a documented policy can serve as important evidence that the employer has followed a lawful and reasonable process.

From a practical perspective, a flexible working policy helps manage employee expectations by explaining what types of flexibility may be possible, how operational impact will be assessed and the circumstances in which a request may be refused.

3. Flexible Working Policy vs Informal Flexibility

It is important to distinguish between a statutory flexible working request and informal flexible arrangements agreed on a discretionary basis. A flexible working policy should focus on the statutory process, ensuring compliance with legal obligations and providing clarity around formal requests.

Employers may also allow informal or ad hoc flexibility, such as occasional homeworking or temporary adjustments to working hours. However, informal arrangements can create risk if they are not clearly documented, as they may inadvertently become contractual through custom and practice. A robust policy should therefore explain the difference between formal flexible working arrangements and discretionary flexibility, and when each will apply.

Section A Summary

A flexible working policy provides the formal framework for managing statutory flexible working requests in a lawful and consistent way. While not legally mandatory, it plays a crucial role in helping employers comply with their duties, manage operational impact and reduce legal risk. Clear distinction between statutory requests and informal flexibility is essential to avoid confusion and unintended contractual obligations.

Section B: Legal Framework for Flexible Working Policies

Flexible working policies must operate within the statutory framework set out in UK employment law. While employers retain discretion to refuse requests where justified, the law prescribes how requests must be handled and limits the grounds on which refusals can be made. Understanding this framework is essential for drafting and applying a compliant flexible working policy.

1. Statutory Right to Request Flexible Working

All employees in the UK have a statutory right to request flexible working from the first day of employment. This right is contained in the Employment Rights Act 1996 and was significantly expanded by the Flexible Working (Amendment) Regulations 2023, which took effect on 6 April 2024.

Under the current rules, an employee may make up to two statutory flexible working requests in any 12-month period. The previous requirement for 26 weeks’ continuous service no longer applies and employees are no longer limited to a single request per year. These changes mean employers must be prepared to manage flexible working requests at any stage of the employment relationship, including during recruitment, onboarding and probation.

A flexible working policy should reflect these rights accurately, including eligibility from day one and the ability to make two requests within a 12-month period. It should also explain that the statutory right is a right to request a change, not a right to have a request granted.

2. Key Legislation and Guidance

The legal basis for flexible working requests is found primarily in Part 8A of the Employment Rights Act 1996. This is supplemented by the Flexible Working (Amendment) Regulations 2023, which amended key procedural aspects of how requests must be handled. Employers should also have regard to Acas guidance on handling flexible working requests. While Acas guidance does not have the force of law, employment tribunals may take it into account when assessing whether an employer has acted reasonably.

Flexible working policies should also be drafted with broader employment law considerations in mind, particularly under the Equality Act 2010. How flexible working requests are handled can give rise to discrimination claims, for example where a refusal disadvantages employees with childcare responsibilities or disabled employees who need adjustments to work effectively.

3. Employer Legal Duties When Handling Requests

When an employee submits a statutory flexible working request, employers are required to deal with the application in a reasonable manner. Employers must also comply with specific procedural requirements, including a legal duty to consult with the employee before refusing a request. Consultation should involve meaningful discussion of the requested arrangement, consideration of how it could work in practice and, where appropriate, exploration of alternative arrangements or compromises.

Employers must notify the employee of their decision within two months of receiving the request, unless a longer period is agreed with the employee. This timeframe is shorter than under the pre-April 2024 rules and should be reflected in any flexible working policy and manager guidance.

Employers should keep adequate records of the request, consultation process, decision and the reasons relied on. Clear documentation can be critical if an employee later alleges that the request was mishandled, refused unlawfully or refused in a way that amounts to discrimination.

4. Lawful Refusal Grounds Under the Employment Rights Act 1996

Employers can refuse a statutory flexible working request only where the decision is based on one or more of the eight prescribed business grounds set out in section 80G of the Employment Rights Act 1996. These are:

• the burden of additional costs
• detrimental effect on ability to meet customer demand
• inability to reorganise work among existing staff
• inability to recruit additional staff
• detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the periods the employee proposes to work
• planned structural changes

A flexible working policy should make clear that refusals must be evidence-based and must fall within these statutory grounds. Employers should avoid relying on vague reasons or general preference for traditional working patterns, as this increases legal risk and may undermine the employer’s position in the event of challenge.

Section B Summary

The legal framework governing flexible working policies is centred on the statutory right to request flexible working under the Employment Rights Act 1996, as amended in 2024. Employers must handle requests reasonably, consult with employees before refusing and provide a decision within two months. Refusals must be based on one or more of the eight prescribed statutory business grounds and should be supported by clear evidence and records. Policies should also account for Equality Act 2010 risks, particularly indirect discrimination and disability-related duties.

Section C: What a Flexible Working Policy Should Include

A flexible working policy should provide clear and practical guidance on how flexible working requests are made, assessed and determined. While the law sets minimum procedural requirements, a well-drafted policy goes further by establishing consistent internal processes, reducing the risk of disputes and supporting fair decision-making across the workforce.

Policies should be written in plain language and applied consistently. In practice, inconsistency is a common source of complaints, grievances and discrimination claims, particularly where similar requests are treated differently without clear operational justification. A strong policy therefore supports both compliance and workforce relations.

1. Purpose and Scope of the Policy

The policy should begin with a clear statement of its purpose, confirming the organisation’s commitment to considering flexible working requests in line with statutory requirements and business needs. It should also explain who the policy applies to, including that all employees are eligible to make a statutory request from day one of employment.

The scope section should clarify whether the policy applies across all roles and departments or whether certain roles may be subject to operational constraints. Employers should be careful not to draft blanket exclusions, as these can create discrimination risk. Instead, it is generally safer to state that flexibility will be considered on a case-by-case basis, taking into account the role, service delivery needs and any relevant legal duties, including under the Equality Act 2010.

2. Types of Flexible Working Covered

A flexible working policy should outline the types of arrangements that employees may request. These typically include changes to working hours, working times and work location. Common examples include part-time working, job sharing, flexitime, compressed hours, annualised hours, home or remote working, staggered start and finish times and term-time working.

The policy should make clear that employees may request permanent or temporary changes. Where a temporary arrangement is requested, the employee should be encouraged to specify the proposed duration and any intended review point. Employers may also offer a trial period for a proposed arrangement or an alternative arrangement, particularly where the business impact is uncertain and a trial would help assess feasibility.

It is good practice for the policy to clarify that approval of a request for one employee does not automatically mean the same arrangement will be suitable or workable for other employees or other roles. Each request should be assessed on its merits and on the specific operational context.

3. Making a Flexible Working Request

The policy should explain how employees can submit a flexible working request and what information should be included. Requests must be made in writing and should clearly set out the change being requested and the proposed start date. Although employees are no longer required to state that their request is made under a statutory procedure, employers should assume that a written request for flexibility is capable of being a statutory request and should handle it accordingly.

Employers may invite employees to provide additional information to help assess feasibility, such as how the arrangement might work in practice or any anticipated impact on service delivery. However, since the April 2024 changes, employees are no longer required to explain what effect the change would have on the employer or how any such effect might be dealt with. A flexible working policy should therefore avoid presenting this information as a legal requirement, while still encouraging employees to provide relevant detail to support constructive discussion.

Where a request relates to disability, health or caring responsibilities, employers should also be alert to potential Equality Act duties. In particular, where a disabled employee is seeking flexible working as an adjustment, the employer may need to consider the separate duty to make reasonable adjustments, which can apply in parallel with the flexible working framework.

4. How Requests Are Assessed

A flexible working policy should explain the factors that managers will take into account when assessing requests. This may include the impact on service delivery, team workload, supervision and management arrangements, performance, customer demand and the ability to reorganise work or recruit additional staff.

The policy should emphasise that each request will be considered on its individual merits and that decisions will be based on objective business considerations. This matters for statutory compliance and for discrimination risk. For example, refusing a request linked to childcare responsibilities may give rise to indirect sex discrimination risk unless the employer can objectively justify the decision as a proportionate means of achieving a legitimate aim. Similarly, refusal of a request linked to disability may trigger reasonable adjustments issues. Policies should therefore encourage managers to document the rationale, explore alternatives and take advice where needed.

5. Decision-Making and Timeframes

Employers must notify employees of the outcome of a flexible working request within two months of receipt, unless an extension is agreed. The policy should clearly set out this timeframe and explain the possible outcomes, including approval, approval with modifications or refusal.

Where a request is approved, the policy should explain whether the arrangement will result in a change to contractual terms. In most cases, changes to hours, working times or work location will require a contractual amendment, but this will depend on whether the arrangement alters contractual terms or is being operated as a temporary or discretionary arrangement. Where contractual terms are changed, the employer should confirm the change in writing and ensure the documentation is clear to avoid later disputes about what has been agreed.

Where trial periods are agreed, the policy should clarify the purpose of the trial, the trial duration, what will be reviewed and how the outcome will be confirmed. This helps protect both parties and reduces the risk that a temporary arrangement becomes permanent by default.

6. Appeals and Review

Although there is no statutory requirement to offer a right of appeal, including an appeal process is widely regarded as best practice and can help demonstrate that a request has been handled in a reasonable manner. In practice, an appeal process can be particularly important where the refusal is close to the margins, where the employee raises concerns about fairness or where the request engages discrimination risk factors. The absence of an appeal may undermine the employer’s position if a tribunal is asked to assess whether the request was handled reasonably.

A flexible working policy should therefore explain how an employee can appeal a decision, the timeframe for doing so and who will consider the appeal. Appeals should normally be handled by a manager not previously involved in the decision, where this is practicable.

The policy may also provide for periodic review of flexible working arrangements to ensure they continue to meet both business and employee needs. Reviews can be particularly useful where business needs change, organisational structures evolve or the arrangement was agreed on a trial basis.

Section C Summary

A comprehensive flexible working policy should explain the purpose of the policy, the types of flexibility covered, how requests are made and what information is needed, how requests will be assessed and how decisions will be communicated within the statutory timeframe. It should also address contractual documentation, trial periods and an appeal mechanism as a key safeguard to support reasonable handling. Policies should be drafted and applied with discrimination risk in mind, particularly where requests relate to childcare responsibilities or disability-related needs.

Section D: Managing, Refusing and Defending Flexible Working Requests

Handling flexible working requests effectively requires employers to balance employee needs with operational realities, while ensuring compliance with statutory obligations and wider employment law duties. A flexible working policy should therefore do more than describe the statutory request process. It should give managers a practical framework for consultation, decision-making, documentation and risk management, including where a request cannot be accommodated in full.

In practice, disputes often arise not because a request is refused, but because the process feels inconsistent, unclear or unsupported by evidence. A policy that sets clear expectations and prompts managers to document their reasoning will help reduce grievances and improve the employer’s ability to defend decisions if challenged.

1. Consulting With Employees

Employers are legally required to consult with employees before refusing a statutory flexible working request. Consultation should involve meaningful discussion about the proposed changes, consideration of how the arrangement might work in practice and, where appropriate, exploration of alternatives or compromises.

A flexible working policy should encourage managers to approach consultation constructively, with an open mind and a focus on problem-solving rather than simply justifying a refusal. Consultation may take place in a meeting or through written exchanges depending on the circumstances, but employers should ensure that the discussion is genuine, that options are considered and that the process is documented.

Where the request relates to disability, long-term health conditions or other circumstances potentially engaging Equality Act duties, consultation may need to go further. In particular, if the request is linked to an adjustment needed to remove a workplace disadvantage, the employer should consider the separate duty to make reasonable adjustments alongside the flexible working process. A flexible working policy should prompt managers to take advice in these scenarios and avoid treating the request as purely a matter of operational preference.

2. Lawful Reasons for Refusing a Request

An employer may refuse a statutory flexible working request only for one or more of the eight prescribed business grounds set out in section 80G of the Employment Rights Act 1996. A flexible working policy should direct managers to link any refusal clearly to the relevant statutory ground or grounds and to explain how the ground applies to the specific role, team and proposed working arrangement.

Refusals should be evidence-based and proportionate. Employers should avoid vague explanations such as a general preference for office-based work, lack of cultural fit or concerns about visibility, unless these can be supported with objective operational evidence and properly linked to the statutory grounds. Where the employer believes the request cannot be accommodated as requested, the policy should encourage managers to consider whether a modified arrangement, a phased change or a trial period could work.

Employers should also consider discrimination risk when refusing flexible working requests. For example, a refusal that disadvantages employees with childcare responsibilities may give rise to indirect sex discrimination risk unless the employer can show the refusal is a proportionate means of achieving a legitimate aim. Similarly, where the request relates to a disability, refusal may create risk if reasonable adjustments have not been properly considered. A flexible working policy should therefore prompt managers to document why alternatives were or were not viable and to ensure that any refusal can be objectively justified.

3. Updating Contracts and Terms of Employment

Where a flexible working request is approved, employers should consider whether the arrangement constitutes a variation to contractual terms. Changes to hours, working times, place of work and patterns of work often require a contractual amendment, but this depends on whether the change alters contractual terms or is being operated as a temporary or discretionary arrangement.

A flexible working policy should explain that contractual changes will be confirmed in writing and implemented as soon as reasonably practicable. Where contractual terms are changed, employers should ensure that the documentation clearly records what has been agreed, when it takes effect and whether the change is permanent. Clarity is important to avoid later disputes about working expectations and to reduce the risk that a short-term arrangement becomes permanent by default.

Where a trial period is agreed, the policy should state the trial duration, what success looks like, what will be reviewed and what happens at the end of the trial. Employers should confirm the outcome in writing, including whether the change is being made permanent, extended or withdrawn, and on what basis.

4. Handling Complaints, Grievances and Tribunal Risk

A flexible working policy should explain the steps employees can take if they are dissatisfied with the handling or outcome of their request. This will usually involve an internal appeal process and, where appropriate, use of the organisation’s grievance procedure. Employers should treat complaints about inconsistent treatment, lack of consultation or unclear refusal reasons as potential risk indicators and consider whether additional review is appropriate.

If disputes cannot be resolved internally, employees must engage in Acas early conciliation before bringing an employment tribunal claim. Tribunal claims can arise where an employer fails to deal with the request in a reasonable manner, does not consult before refusal, misses the statutory two-month decision deadline or refuses the request for reasons that do not fall within the prescribed statutory grounds.

Time limits for tribunal claims are technical and depend on the alleged breach. In broad terms, the employee must present a claim within three months less one day of the act or failure complained of, which may be the refusal, the failure to consult or the failure to reach a decision within the statutory period. Employers should therefore treat compliance failures as time-sensitive risk events and ensure that decisions and records are finalised promptly and accurately.

If a claim is upheld, a tribunal may order the employer to reconsider the request and may award compensation of up to eight weeks’ pay. A consistent policy, meaningful consultation, evidence-based reasoning and clear records are central to reducing tribunal risk and supporting defensible decision-making.

Section D Summary

Employers must consult with employees before refusing a statutory flexible working request and must base any refusal on one or more of the eight prescribed statutory business grounds. Decisions should be evidence-based, supported by documentation and made with discrimination risk in mind, particularly where requests relate to childcare responsibilities or disability-related needs. Clear contractual documentation, trial period controls and a credible appeal route strengthen procedural fairness and help employers defend complaints and tribunal claims.

FAQs: Flexible Working Policy

Is a flexible working policy legally required?
There is no legal requirement for employers to have a written flexible working policy. However, given the statutory right to request flexible working and the procedural duties imposed on employers, having a clear policy is strongly recommended. A written policy supports compliance, consistency and defensible decision-making.

Who can request flexible working under UK law?
All employees have the right to request flexible working from the first day of employment. There is no minimum service requirement and the right applies regardless of role or seniority, subject to the employer’s ability to accommodate the request for lawful business reasons.

How many flexible working requests can an employee make?
Employees may make up to two statutory flexible working requests in any 12-month period. Employers should track requests carefully, including the date each request is received and the outcome, to support compliance and consistent handling.

Does flexible working have to be permanent?
Flexible working arrangements are often permanent, particularly where contractual terms change, but employees can request temporary changes and employers can agree trial periods. Where flexibility is agreed on a temporary basis, it should be documented clearly, including the review date and what happens at the end of the trial or temporary period.

Can an employer refuse a flexible working request?
Yes. Employers may refuse a statutory request, but only for one or more of the eight prescribed business grounds set out in section 80G of the Employment Rights Act 1996. The employer must consult with the employee before refusing and must provide a decision within the statutory timeframe.

Is there a right of appeal if a request is refused?
There is no statutory right of appeal. However, offering an appeal is widely regarded as best practice and can be a key procedural safeguard. In practice, the absence of an appeal may undermine the employer’s position if a tribunal is asked to assess whether the request was handled in a reasonable manner, particularly where the refusal is marginal or where fairness concerns are raised.

What are the risks of getting flexible working wrong?
Failure to follow the statutory process can lead to employment tribunal claims, including claims that the request was not handled reasonably, that consultation did not take place before refusal or that a decision was not provided within the statutory timeframe. There is also potential exposure to discrimination claims under the Equality Act 2010, for example indirect sex discrimination where childcare-related requests are refused without objective justification, or disability-related claims where reasonable adjustments have not been properly considered.

Conclusion

A flexible working policy is an essential tool for UK employers navigating the modern workplace and the expanded flexible working rights in force since April 2024. While the law does not require employers to offer flexible working arrangements automatically, it does impose clear procedural obligations when employees exercise their statutory right to request flexibility.

A well-structured policy helps employers comply with these obligations by setting out how requests are made, assessed and determined, and by guiding managers through consultation, decision-making and documentation. Clear policies also support consistent treatment across the workforce, reduce the risk of disputes and provide important evidence if decisions are challenged.

By aligning flexible working policies with statutory requirements, Acas guidance and wider discrimination law principles, employers can balance operational needs with employee expectations while minimising legal and reputational risk. In particular, employers should ensure that refusals are grounded in the prescribed statutory business reasons, supported by evidence and considered carefully where requests relate to childcare responsibilities or disability-related needs.

Glossary

Useful Links