The modern workplace has fundamentally shifted, with flexible working becoming an expectation rather than a perk. Recent surveys indicate that between 70% and 90% of the workforce now expects some degree of flexibility in how, when, and where they work. If you’re considering making a request for flexible working, you’re part of a growing majority of UK employees seeking better work-life balance.

The landscape changed dramatically on 6 April 2024, when new legislation gave every employee the right to request flexible working from their first day of employment. This guide will walk you through everything you need to know about making a successful flexible working request, from understanding your legal rights to crafting a compelling business case that gets results.

What is a Request for Flexible Working?

Flexible working is a broad employment concept that gives employees control over the when, where, and sometimes how they complete their tasks. This can include changes to working hours, work location, or working patterns across days and weeks.

Under UK employment law, there are two main types of flexible working requests, as well as various types of paid leave offered by companies in the UK:

  • Statutory flexible working requests – formal applications following the legal process set out in employment law
  • Informal flexible working requests – arrangements agreed directly with your employer outside the statutory framework

The distinction matters because statutory requests come with legal protections, specific timetables, and clear procedures regarding both employer obligations and employee rights.

Key Changes from the Employment Relations (Flexible Working) Act 2023

The Employment Relations (Flexible Working) Act 2023 introduced significant changes that strengthened employee rights around support employees. From 6 April 2024, the law provides:

  • Day one right – every employee can request flexible working from their first day, removing the previous 26-week qualifying period
  • Faster responses – employers must respond within two months (down from three)
  • More requests – employees can make two statutory flexible working requests in a 12-month period (up from one)
  • Consultation requirement – employers must consult with employees before refusing a request
  • Reduced burden – employees no longer need to explain the impact on the business

Who Can Make a Flexible Working Request?

From 6 April 2024, every employee in the UK has a legal right to request flexible working from day one of their employment. This represents a fundamental shift in UK labor law, reflecting post-pandemic workplace expectations.

Eligibility Requirements

To determine if you qualify:

  • You must have a contract of employment (direct employees only)
  • Agency workers and self-employed individuals typically don’t have statutory rights to request flexible working
  • Special employment arrangements, such as those for NHS employees, may have additional sector-specific rules

Request Frequency Limits

You can make up to two statutory requests per 12-month rolling period. Each request must be considered by your employer using a clear and reasonable process. Making repeat requests for the same arrangement within a short period isn’t recommended without good reason.

Special Considerations for Different Sectors

Some sectors have unique considerations. For example, NHS employees may be subject to additional rules shaped by collective agreements and operational needs. Always check your staff handbook for sector-specific policies alongside the general legal framework.

Types of Flexible Working Arrangements

Understanding the full range of flexible working arrangements helps you identify what might work best for your situation and role. These arrangements can be permanent or temporary depending on mutual agreement.

Location-Based Flexibility

Remote working involves carrying out your job duties entirely away from a central office, while hybrid working combines remote and on-site work. These arrangements have become increasingly popular post-pandemic, with many employers now viewing them as standard options rather than special accommodations.

Home working specifically refers to working from your residence, though remote working can include other locations like co-working spaces or satellite offices.

Time-Based Arrangements

Part time hours reduce your weekly working time and may involve fewer days per week. Compressed hours allow you to work your full-time hours over fewer days – for example, working four longer days instead of five standard days.

Flexi time gives you control over your start and finish times within agreed limits, while staggered hours involve different start, break, or finish times that may differ from your colleagues.

Specialized Patterns

Job sharing allows two or more employees to share the responsibilities of one full-time position. This arrangement requires careful coordination but can work well for roles with clear task division.

Annualised hours fixes your total yearly working time while allowing the schedule to vary based on business demand. Term-time working limits work to school terms, with additional unpaid leave during holiday periods, including annual leave.

Trial Period Options

Many employers offer trial periods to assess whether a new working pattern suits both employee and business needs. These temporary arrangements provide a low-risk way to test flexibility before making a permanent change to your employee’s contract.

Planning Your Request Strategy

Preparation significantly improves your chances of success. Start by thoroughly researching your organization’s existing flexible working policies, often found in your staff handbook or company intranet.

Researching Your Employer’s Policies

Understanding your employer’s current approach to flexible working helps you align your request with established practices. Look for:

  • Existing flexible working options already available
  • Success stories from colleagues who work flexibly
  • Busy periods when flexibility might be more challenging
  • Your role’s core requirements and how they might adapt

Building Your Business Case

A well-prepared business case can make the difference between approval and refusal. Your case should outline:

  • The specific flexible working arrangement you’re seeking
  • Expected positive impacts on productivity, morale, and retention
  • Potential challenges and concrete solutions you’ve considered
  • Your willingness to trial the arrangement or consider alternatives

Anticipating Employer Concerns

Think ahead about likely employer concerns and prepare responses:

  • Coverage issues – propose solutions like adjusting hours on busy days or improved handover procedures
  • Communication challenges – suggest regular check-ins, collaboration tools, or core hours when you’ll be available
  • Team dynamics – address how you’ll maintain relationships and ensure fair workload distribution

Consider proposing a trial period that allows both sides to assess the arrangement before making a permanent change.

How to Submit Your Request

You can submit your request through either the statutory process or a less formal route if your organization encourages this approach.

The Statutory Request Process

A statutory flexible working request must clearly state that it’s being made under the Employment Relations (Flexible Working) Act. This triggers specific legal protections and response timelines.

Required Elements for a Valid Statutory Request

Your statutory request must include:

  • A clear statement that this is a statutory flexible working request
  • Details of your current working pattern (days, hours, location)
  • The specific new working pattern you want, including proposed start date
  • How the change might affect your employer and colleagues
  • Reference to any previous requests made in the last 12 months

Writing Your Statutory Request

The government provides a template on GOV.UK, but personalizing it significantly strengthens your application. Structure your request letter to include:

Opening statement: “I am writing to make a statutory request for flexible working under the Employment Relations (Flexible Working) Act 2023.”

Current situation: Clearly describe your existing working hours, days, and location.

Proposed arrangement: Be specific about what you want to change and when you’d like it to start.

Business benefits: Explain how the arrangement could benefit your employer, such as improved productivity during your peak hours or reduced office space costs.

Impact consideration: Acknowledge potential challenges and offer solutions.

Timeline and Best Practices

Submit your request with as much notice as possible, particularly ahead of busy business periods. Maintain a professional tone, highlight your openness to discussion, and consider proposing a trial period or alternative options.

What Happens After You Submit Your Request

Once you submit your statutory request, your employer has two months to respond. During this time, they must engage in meaningful consultation before making any decision.

The Consultation Process

Your employer must discuss your request with you before refusing it. This consultation might involve:

  • A face-to-face or virtual meeting to discuss specifics
  • Exploring potential compromises or alternative arrangements
  • Reviewing how the proposed change might work in practice

Possible Outcomes

There are three potential outcomes to your request:

Approval means your new arrangement is agreed and becomes a permanent contractual variation unless specified as temporary.

Partial approval grants some elements of your request – for example, you might get part-time hours but be required to work on-site, or remote working but with specific core hours.

Refusal is only permitted for specific statutory business reasons, which your employer must clearly explain.

When Changes Become Official

Any approved changes should be documented as a formal amendment to your employment contract, outlining the exact terms of your new working pattern. This protects both you and your employer by creating clear expectations.

Appeal Options

While there’s no statutory right to appeal, many employers offer internal appeal procedures. If your request is refused, check your company’s appeal process to ensure fairness and minimize potential disputes.

Understanding Your Rights and Employer Obligations

Employers have a legal requirement to consider statutory flexible working requests in a reasonable manner. They must consult with you, evaluate possibilities in good faith, and can only refuse for recognized business grounds.

Valid Business Reasons for Refusal

Employers can only refuse requests for specific reasons:

  • Inability to reorganise work among existing staff
  • Detrimental effect on customer demand or performance
  • Insufficient work available during your proposed working periods
  • Planned structural changes in the business
  • Additional costs that would significantly impact the business
  • Negative impact on quality or performance

Protection Against Detriment

You’re protected against unfavorable treatment for making a flexible working request. This means your employer cannot:

  • Reduce your hours or shifts in retaliation
  • Deny promotion opportunities because you requested flexibility
  • Create a hostile work environment due to your request

Reasonable Adjustments and the Equality Act

For disabled employees, flexible working may constitute a reasonable adjustment under the Equality Act 2010. Unreasonably denying such arrangements could constitute unlawful discrimination, giving additional protection beyond standard flexible working rights.

Employment Tribunal Options

If your employer fails to follow the statutory process or unreasonably rejects your request, you may have grounds for an employment tribunal claim. Document all communications and follow ACAS guidance if you believe your rights have been violated.

Common Challenges and How to Overcome Them

Even with strong legal rights, flexible working requests can face practical challenges. Understanding these helps you prepare better responses and negotiate more effectively.

Addressing Productivity Concerns

Many employers worry that flexible working will reduce productivity. Counter this by:

  • Highlighting research showing productivity gains of up to 30% in flexible arrangements
  • Proposing clear performance metrics and regular reviews
  • Offering to maintain or increase your current output levels
  • Suggesting digital tools that enhance collaboration and tracking

Managing Customer Service and Coverage

If your role involves customer-facing responsibilities, address coverage concerns by:

  • Proposing core hours when you’ll be available for key business periods
  • Suggesting job sharing or cross-training with colleagues
  • Offering to be flexible during particularly busy periods
  • Demonstrating how your arrangement might actually improve customer service through extended coverage hours

Handling Team Dynamics and Fairness Concerns

Colleagues might worry that flexible arrangements create unfairness or extra work for others. Address this by:

Negotiating Partial Approvals

If your employer agrees to only part of your request, approach negotiations constructively:

  • Focus on what has been approved rather than what’s been denied
  • Ask for specific timelines to review and potentially expand the arrangement
  • Consider whether the partial approval meets your core needs
  • Propose trial periods for the rejected elements

Making the Most of Trial Periods

If offered a trial period, maximize your chances of success by:

  • Setting clear success metrics with your employer at the start
  • Documenting positive outcomes and addressing any issues promptly
  • Maintaining open communication throughout the trial
  • Being flexible about adjustments that could improve the arrangement

Remember that good practice suggests regular review points during any trial to highlight what’s working and what might need adaptation.

Benefits and Measuring Success

Understanding the broader benefits of flexible working helps you make a stronger case and measure success once your arrangement is in place.

Employee Benefits

Research consistently shows that flexible working employees report:

Employer Benefits

Organizations with robust flexible working policies often see:

  • Higher employee retention, reducing recruitment costs
  • Improved productivity, with some companies reporting increases of up to 30%
  • Cost savings through reduced office space and utilities
  • Enhanced ability to attract top talent, particularly among younger workers

Measuring Your Arrangement’s Success

Once your flexible working arrangement is in place, track its success through:

  • Meeting agreed performance targets and deadlines
  • Maintaining or improving work quality
  • Positive feedback from colleagues and customers
  • Your own satisfaction and well-being improvements

Regular check-ins with your manager help ensure the arrangement continues to work for both parties and can be adjusted if needed.

Future Trends and Developments

Flexible working continues to evolve rapidly, with several trends shaping its future in the UK workplace.

Growing Adoption Across Sectors

While traditionally associated with office-based roles, flexible working is expanding into frontline and service sectors where possible. Employers are finding creative ways to offer flexibility even in roles requiring physical presence.

Four-Day Week Trials

There’s growing interest in compressed hours arrangements, particularly four-day weeks. Early trials across the UK show promising results for both productivity and employee satisfaction, suggesting this trend may continue expanding.

Technology and Measurement

Organizations are becoming more sophisticated in measuring flexible working success, using employee utilization rates, occupancy tracking, satisfaction surveys, and productivity metrics to assess real-world benefits.

Equality and Access

There’s increasing focus on ensuring flexible working is genuinely available to all eligible staff, not just those in senior roles or specific departments. This includes addressing potential inequalities in access and ensuring fair treatment across different types of arrangements.

Conclusion

Making a successful request for flexible working requires preparation, understanding of your rights, and a strategic approach that considers both your needs and your employer’s concerns. The legislative changes of April 2024 have significantly strengthened your position as an employee, giving you the right to request flexible working from day one and requiring employers to engage meaningfully with your proposals.

Remember that flexible working is no longer a privilege—it’s a legal right that, when approached strategically, can transform your work-life balance while benefiting your employer through improved productivity and retention. Whether you’re seeking remote working, compressed hours, or any other arrangement, the key is presenting a well-researched case that demonstrates mutual benefits.

Take time to review your organization’s policies, understand the types of arrangements that might work for your role, and prepare a compelling business case. With the right approach and knowledge of your rights, you’re well-positioned to secure a flexible working arrangement that works for everyone involved.

Start by examining your current situation and identifying which type of flexible working arrangement would best meet your needs, then begin planning your strategic approach to making a request that gets results.

 

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