The way we work in the UK has changed forever. The pandemic accelerated a shift towards more flexible working arrangements, proving that productivity and performance aren’t tied to a traditional 9-to-5, in-office schedule. In this new world, many employees no longer see flexible working as a perk, but as a crucial part of their professional and personal well-being.
Recognising this shift, the UK government introduced significant changes to flexible working legislation. As of April 6, 2024, the right to request flexible working is now a "day one" right for all employees. This change is a game-changer for both staff and businesses, making it easier for people to ask for and get the working patterns they need.
This guide will walk you through everything you need to know about this new right, whether you're an employee looking to make a request or an employer navigating the new rules.
The new legislation, which amends the existing Employment Rights Act 1996, marks a significant departure from previous rules. Here are the most important changes you need to be aware of:
1. The "Day One" Right: The biggest change is the removal of the 26-week qualifying period. Previously, an employee had to work for the same employer for 26 weeks to be eligible to make a flexible working request. Now, you can make a flexible working request from the very first day of your employment. This gives new hires the immediate ability to shape their working arrangements to better suit their needs.
2. The Number of Requests: Employees are now entitled to make two formal flexible working requests in any 12-month period, an increase from the previous limit of one request per year. This offers more flexibility to adapt to changing circumstances throughout the year.
3. The Employer’s Response Time: Employers must now respond to a formal request within two months, a reduction from the previous three-month timeframe. This creates a quicker and more efficient process for employees seeking changes.
4. The Removal of the "Business Impact" Requirement: Previously, employees were required to explain what effect their request would have on the business and how any negative impact could be managed. This requirement has been removed. While it's no longer a legal obligation, we'll discuss later why building a strong business case is still a good idea.
These changes are designed to foster a more open and constructive dialogue between employees and employers about how, when, and where work gets done.
The right to request flexible working is available to all employees, regardless of their role or seniority, from the moment they start their job. But what exactly counts as a flexible working arrangement?
Flexible working is not just about working from home. It's a broad term that includes any working pattern different from the standard arrangement. Examples include:
Part-time hours: Reducing your working days or hours.
Compressed hours: Working your full hours in fewer days (e.g., working a 4-day week).
Flexitime: Having a core set of hours but being able to choose when you start and finish work.
Job sharing: Splitting a full-time role with a colleague.
Hybrid working: Splitting time between the office and home.
Remote working: Working entirely from a non-office location.
Annualised hours: Working a set number of hours per year, with the flexibility to work more during busy periods and fewer during quiet times.
Your request can be for a permanent or temporary change to any of these arrangements.
While the new law makes the process more accessible, a well-thought-out request is still your best chance of success. Here is a step-by-step guide to preparing and submitting your request.
Step 1: Do Your Homework Before you even write the letter, consider what you are asking for and how it will work in practice. Think about:
The Specifics: Be clear and precise about the change you want (e.g., "I would like to work from home on Wednesdays and Fridays" or "I would like to change my start time to 10 am and finish at 6 pm").
The Logistics: How will you handle meetings, communication with your team, and client interactions?
The Impact: While you are no longer legally required to state the impact, it's highly beneficial to consider how your new arrangement will affect your colleagues, your manager, and the business as a whole.
Step 2: Write a Formal Letter or Email Your request must be submitted in writing. The letter or email should be dated and clearly state that it is a formal flexible working request under the statutory right. It should include:
Your name and the date.
The flexible working arrangement you are requesting.
The date you would like the change to take effect.
Crucially, you must state that this is your first or second request within the last 12 months.
Step 3: Build Your Business Case (Recommended) Even though the law no longer requires you to, building a strong business case for your request will significantly increase its chances of being approved. Frame the request in a way that benefits the business, not just yourself.
Instead of saying, "I need to work from home to avoid my commute," say, "Working from home will allow me to be more focused and productive on deep-work tasks, while being in the office on other days will ensure I’m present for collaborative meetings."
Consider mentioning benefits such as:
Increased Productivity: How the new arrangement will help you concentrate, leading to better output.
Improved Morale and Retention: How having a better work-life balance will increase your job satisfaction and commitment to the company.
Cost Savings for the Company: Mention how working remotely could reduce the use of office resources.
Wider Business Benefits: If you're a salesperson, for example, a flexible schedule might allow you to be available to clients in a different time zone.
The new laws place clear obligations on employers to handle flexible working requests fairly and efficiently.
1. The Two-Month Response Window: An employer must respond to a request within two months of receiving it, unless a longer period is mutually agreed upon with the employee. The response must be in writing.
2. The Obligation to Consult: Before making a decision, the employer must consult with the employee to discuss the request. This is an important step for both parties to understand the potential implications and to explore alternative arrangements if the original request cannot be met.
3. The Reasons for Refusal: An employer can only refuse a flexible working request for one of the eight statutory business reasons. These reasons are defined in the Employment Rights Act 1996 and include:
The burden of additional costs.
Detrimental effect on the 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.
Insufficient work available for the periods the employee proposes to work.
Planned structural changes to the business.
If a request is refused, the employer must provide a clear and detailed explanation of which business reason applies.
If your flexible working request is denied, the process doesn't end there.
1. The Right to Appeal: Your employer should provide a formal appeals process. This is your chance to present new information or challenge the reasons for refusal. An appeal should also be handled within a reasonable timeframe.
2. The Role of ACAS: If the appeal is unsuccessful or if your employer has not followed the correct procedure, you can seek advice from ACAS (Advisory, Conciliation and Arbitration Service). ACAS offers free, impartial advice and can help mediate a solution between you and your employer.
3. Employment Tribunal: If all else fails, you may be able to make a claim to an Employment Tribunal. However, a tribunal will not rule on the commercial merits of the employer’s decision. They will only consider whether the employer has followed the correct legal procedure, whether the refusal was based on one of the eight statutory business reasons, and whether that reason was factually correct.
The right to request flexible working is a crucial piece of legislation that empowers employees and pushes employers to be more adaptable. It’s a recognition that a modern, dynamic workforce requires modern, dynamic working patterns.
For employees, this is an opportunity to shape your career to fit your life, not the other way around. By preparing a thoughtful request, you can increase your chances of creating a working arrangement that supports your well-being and professional goals.
For employers, flexible working is no longer a choice but a necessity. By embracing these requests fairly and proactively, you can attract a wider talent pool, retain valuable employees, and build a more resilient and productive workforce for the future. The conversation about flexibility is just beginning, and this new law provides a solid foundation for a more balanced and equitable world of work in the UK.
