If you would prefer working arrangements that enable you to work from home or vary your start and finish times, you have a legal right to request flexible working from your employer. They don't have to grant your request, but they must consider it in a reasonable manner.
Gone are the days when all employees were expected to work rigid hours, from 9am to 5pm Monday to Friday. Today, employers recognise the importance of a good work-life balance, and that this will likely look different to different people depending on their circumstances outside of work.
Flexible working is a way of working that suits an individual employee’s needs. Some of the types of flexible working you can ask for include:
Job sharing: Where two people share a job and split the hours between them, either equally or unequally
Working from home: When it's possible for you to do some or all your work away from your normal place of work
Part-time: Working less than full-time hours
Compressed hours: Working full-time hours every month but over fewer days
Flexitime: Enjoying flexibility over start and finish times, but working agreed 'core hours' and working to the usual total of hours in your contract
Annualised hours: Like flexitime, but with the hours worked spread over a full year
Staggered hours: When you have different start, finish and break times from other workers
Phased retirement: There is no longer a fixed retirement age, so this allows you to gradually reduce hours before full retirement
Do I have a right to request flexible working?
While many people assume that flexible working is designed for parents or carers, every employee has the right to request more suitable working arrangements from the first day of their employment. You do this by sending a letter to your employer that's legally known as a statutory application.
Your employer then has two months to consider the request, or longer with your agreement. At the end of this period, your employer can either agree to the request and amend your contract of employment accordingly, or they can deny the request and write back explaining the reasons why.
Importantly, your employer must give reasonable consideration to requests for all of these flexible working practices. This doesn't mean they have to agree to your request, but they must give their reasons if they deny it, and if those reasons are inadequate, we may be able to help you take your case to an employment tribunal.
To speak to one of our experienced employment solicitors about difficulties making a flexible working request, call us on 0330 041 5869 or contact us online and we'll call you.
On what grounds can flexible working request be refused?
While the law says that you've a right to request flexible working, your employer can refuse to grant your request for one of eight business reasons:
Granting the request will cause additional costs that will harm the business
Work cannot be adequately reorganised amongst other staff members
Flexible working will affect the quality of the work
Flexible working will affect your performance in the role
It will hamper the business’s ability to meet customer demand
The proposed working hours do not match work demands
The business is currently planning changes to the workforce
The business is not able to recruit people to facilitate your flexible working request
Having said all of this, a refusal doesn't have to be the end of the matter. If you believe that your request for flexible working has been refused unfairly, your employer should, in the first instance, be prepared to sit down and discuss the situation with you and you've the right to appeal. It may even be the case that you've been working flexibly for some time and your employer wishes you to return to non-flexible working because they believe the arrangement is compromising your performance.
If you and your employer can't agree over flexible working arrangements, it may be worth seeking the advice of an experienced employment law solicitor. You can call us on 0330 041 5869 or contact us online and we'll call you.
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Why choose Slater and Gordon’s flexible working solicitors
Flexible working is therefore a very complex area of employment law, which raises a number of different legal issues, meaning that every request needs to be considered on a case-by-case basis. To achieve the best possible outcome, you need to know you have the right expertise supporting you every step of the way.
Our employment team have an outstanding track record of success, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
H L (employment case)
We are an award winning law firm and have a dedicated team of employment solicitors to advise and guide you – no matter how complex your situation may be.
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We're able to offer affordable expert legal advice and can provide guidance on all aspects of employment law. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.
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We understand that employment situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
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Frequently asked questions about flexible working requests
What is the new flexible working law in 2024?
On 6th April 2024, the government updated flexible working legislation to make it easier for employees to request – and be granted – flexible working arrangements where appropriate.
This includes being able to request flexible working arrangements from the first day of your employment, and the ability to make two different requests within a twelve-month period. Your employer must now also respond to requests within two months.
You no longer need to explain what effect you feel that your flexible working request will have on the business or how it could be overcome, and your employer can only refuse your request on the grounds of one of eight business reasons (given above).
How do I request flexible working?
To make a formal request for flexible working, known as making a statutory application, you must make the request in writing, stating that you are making a statutory request and explaining what type of flexible working you’d like and when you’d like it to start. Make sure that you are giving your employer enough time to consider your request – government legislation gives them two months.
While new legislation means you aren’t required to explain the impact your request could have on the business, it can often be a good idea to include detail on how you might be able to work with your employer and colleagues to ensure business operations continue to run smoothly.
What are acceptable reasons for flexible working?
You don’t need to give your employer a reason for your flexible working request. You may wish to include details within your request, but that is entirely up to you. Regardless of your reasoning, your employer must give it due consideration and cannot turn down your request purely because they believe you don’t have a good enough reason to change your working pattern.
Can I reduce my hours at work?
Yes, you can request to reduce your hours of work under a flexible working request. This may involve proposing a job share arrangement or going part-time. You may also wish to consider compressed working hours, meaning you work the same hours for the same pay, but over fewer days in the week or month.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)