Definition
The statutory right for all employees to request changes to their working pattern, including hours, times, and location of work. Employers must consider requests in a reasonable manner and can only refuse for specified business reasons.
UK Context
From April 2024, under the Employment Relations (Flexible Working) Act 2023, the right to request flexible working became a day-one right (previously requiring 26 weeks service). Employees can make two requests per year (previously one). Employers must respond within two months (previously three). The eight statutory grounds for refusal remain, including burden of additional costs and inability to reorganise work.
Best Practices
- Train managers on the statutory process and the permitted grounds for refusal
- Consider each request on its merits and explore whether the requested arrangement could work in practice
- Document the decision-making process including the business reason if the request is refused
Frequently Asked Questions
Can an employer refuse a flexible working request?
Yes, but only for one of eight specified business reasons: burden of additional costs, inability to reorganise work, inability to recruit additional staff, detrimental impact on quality, detrimental impact on performance, detrimental effect on ability to meet customer demand, insufficient work during proposed hours, or planned structural changes.
What changed in April 2024?
From April 2024, flexible working became a day-one right. Employees can make two requests per year instead of one. Employers must respond within two months instead of three. Employers must consult with the employee before refusing a request.