Flexible working is increasingly popular due to its benefits in improving work-life balance, reducing commuting time, and potentially increasing productivity and job satisfaction.

The research showing that about 60% of employees currently have some form of flexible working arrangement. This includes options like adjusting start and finish times, compressed hours, job sharing, or working remotely. The demand for flexible working has grown since the COVID-19 pandemic, with 40% of organisations seeing an increase in requests for such arrangements.

For employers, offering flexible working can also help with talent retention and recruitment. In fact, around 71% of job seekers consider flexible working important when evaluating new roles.

The UK Government is moving towards making the right to request flexible working available from day one of employment, rather than after six months, which could further increase its adoption across sectors.

What is Flexible Working?

Flexible working refers to a working arrangement that allows employees to adjust their work schedules, locations, or patterns to better suit their personal needs or circumstances.

This could include changes to:

• the number of hours worked,
• the time work is performed (such as flexible start and end times), or
• the place of work (such as working from home or a remote location).

In the UK, employees have the legal right to request flexible working from the day one they start working in the company. This right applies to all employees, not just parents or carers.

The request can involve adjustments like part-time work, job sharing, compressed hours, or staggered working hours. Employers are required to handle requests in a "reasonable manner" but may reject requests if there are legitimate business reasons, such as a negative impact on performance or cost.

Flexible Working Changes in 2024

From 6 April 2024, significant changes to flexible working laws in the UK took effect, giving employees greater rights.

One of the major updates is that the right to request flexible working will become available from day one of employment, removing the previous requirement of 26 weeks of continuous service. This means that employees can immediately request adjustments to their working hours, location, or patterns as soon as they start a new job.

Other Key Changes to Flexible Working Include:

• Two requests per year: Employees can now submit up to two flexible working requests within a 12-month period, compared to just one previously.
• Shortened response time: Employers must respond to flexible working requests within two months**,** down from the previous three months.
• Mandatory consultation: Employers are required to consult with the employee before rejecting a request, ensuring that reasonable discussions and considerations are made to find a suitable compromise.
• No need to justify the impact: Employees will no longer need to explain how their request would impact the business or suggest ways to mitigate that impact​​​.

These changes aim to make flexible working more accessible and to encourage employers to engage meaningfully with requests, promoting a more balanced and flexible working environment across various sectors.

How to Make a Succesful Flexible Working Request?

Determine the type of flexibility you want, whether it’s changing your hours, days, or location of work.

Common forms for flexible working include:

• Part-time work
• Compressed hours (working full-time hours over fewer days)
• Job-sharing
• Working from home
• Flexitime (choosing when to start and finish work, within agreed limits)

Flexible Working Request Needs to Be Made in Writing

Your request must be made in writing and you need to include information below:

• The changes you are requesting (e.g., working hours, location)
• When you want the changes to take effect
• How you think these changes could impact the business and how any potential issues could be managed
• Why the change would be beneficial for you (optional, but useful to include)

Submit your formal request to your line manager or HR department, following your employer’s specific process if they have one. Include all relevant details as outlined above.

Employer can Accept, Modify or Refuse the Proposal

Your employer has two months to consider it and respond (including any appeal process). They may arrange a meeting to discuss your proposal in detail and explore how it could be implemented.

Your employer can either accept the request, suggest modifications, or refuse it based on valid business reasons, such as increased costs or the inability to meet customer demand. Be prepared to negotiate and suggest possible compromises that meet both your needs and those of the business.

💡 If your employer rejects the request, they must provide one of the eight legally acceptable reasons, such as the impact on performance, costs, or staffing issues. If you believe the refusal is unfair, you can seek advice or escalate the matter.

Reasons to Refuse Flexible Working

Employers must give the reasons in writing if they deny a request, and the decision must be based on legitimate business concerns.

The acceptable reasons, as defined by the Employment Rights Act 1996 are introduced below.

1. The Burden of Additional Costs: The change would result in extra costs that the business cannot afford or justify.

2. Impact on Quality: The requested change could negatively affect the quality of work or services provided.

3. Impact on Performance: The change could lower individual or team performance, making it harder to meet business targets or service standards.

4. Inability to Meet Customer Demand: If flexible working affects the company’s ability to meet the needs of its customers, it can be refused.

5. Inability to Reorganise Work Among Existing Staff: If the workload cannot be redistributed among other employees, this can be a reason for refusal.

6. Inability to Recruit Additional Staff: If additional staff are needed to accommodate the request and the employer is unable to recruit or afford them, the request may be denied.

7. Insufficient Work During Proposed Working Hours: If there is no work available at the times or days requested by the employee, the request may be rejected.

8. Planned Structural Changes: If there are upcoming changes in the business, such as restructuring or changes in location, the request can be refused.

Free Template for Flexible Working Request Letter

This template covers the key details needed for a formal flexible working request, allowing for personalisation depending on your specific circumstances.

[Your Name]
[Your Job Title]
[Your Department]
[Date]

[Manager's Name]
[Manager's Job Title]
[Company Name]

Subject: Request for Flexible Working Arrangement

Dear [Manager's Name],

I hope this message finds you well. I am writing to formally request a change to my current working pattern under my right to request flexible working, as outlined in the Employment Rights Act 1996.

I would like to request the following flexible working arrangement:

• Proposed Changes: [Specify your request, e.g., changing working hours, working from home, part-time schedule, etc.]
• Proposed Start Date: [Date you want the new arrangement to start]
• Reason for Request: [Optional, e.g., to better manage personal commitments or improve work-life balance]

I believe this arrangement can be implemented without negatively affecting the team and overall business productivity. I have considered how the business could manage this adjustment, and I am happy to discuss any concerns or offer suggestions to ensure a smooth transition. [Include any suggestions, such as delegating certain tasks or how you plan to meet key objectives.]

Please let me know if a meeting is required to discuss this further. I am happy to provide any additional information or discuss this request in more detail.

Thank you for considering my application. I look forward to your response.

Best regards,
[Your Name]
[Your Contact Information]

💡Stay tuned: Aatos will soon launch a service that enables you to create any legal document in just a few minutes. All agreements and letters are customised to meet your specific needs.

Sources: CIPD, Office for National Statistics.