Flexible Working Requests: What Employers Need to Know
An employee has asked to change their hours, days or place of work. What can you agree to, what can you refuse, and how do you make a fair decision?
At a Glance: Statutory Flexible Working Rules
- Day-One Statutory Right: Employees have the legal right to request flexible working from their very first day of employment.
- Two-Month Decision Limit: Employers must conclude the entire process—including any appeal—within two months unless an extension is agreed.
- Statutory Refusal Grounds: A formal request can only be rejected on one or more of the eight statutory business grounds.
- Mandatory Consultation: Employers cannot refuse a request without first holding a consultation meeting with the employee.
Start by understanding the request
A statutory flexible working request can cover hours, working times and work location. Employees have the right to request flexible working from day one of employment. That does not mean every request must be approved. It does mean employers must handle the request reasonably and consider its practical impact.
What should an employer do first?
Check whether the request meets the statutory requirements, acknowledge it, review the role and speak with the employee about the arrangement they want. Explore whether a trial period, alternative pattern or partial change could work. Keep an open mind rather than relying on a blanket policy.
Statutory Flexible Working Workflow: Receipt, Consultation, Trial Periods, and Statutory Refusal Tests
Can you refuse a flexible working request?
Yes, but a statutory request may be refused only for one or more of the permitted business reasons, such as additional cost, inability to reorganise work or recruit staff, detrimental effect on quality or performance, inability to meet customer demand, insufficient work during proposed times, or planned structural changes. The decision should be evidence-based, not simply a manager’s preference.
Operational & Workload Grounds
Inability to reorganise work among existing staff, inability to recruit additional staff, or insufficient work during the proposed working periods.
Requires objective business evidence and rota analysis.Performance & Cost Grounds
Burden of additional costs, detrimental impact on quality, or detrimental impact on performance and customer demand.
Must be supported by clear operational impact data.What are the timescales?
Employers must normally decide a statutory request, including any appeal, within two months unless an extension is agreed. Employees can make up to two statutory requests in any 12-month period, with only one live request at a time. Consult the employee before refusing and communicate the outcome clearly.
Remember discrimination and other rights
A flexible working request may overlap with disability adjustments, pregnancy, caring responsibilities or indirect discrimination issues. A request that is not workable under the flexible working rules may still require separate consideration under the Equality Act 2010. Record the reasoning and obtain advice where the issues overlap.
A practical checklist
- Confirm the request and deadline
- Assess operational impact
- Meet and discuss options
- Consider alternatives and any reasonable adjustments
- Decide on the evidence
- Confirm the decision and appeal arrangements in writing
Frequently asked questions
Do I have to agree to working from home?
Not automatically. Consider the request fairly, discuss alternatives and rely only on a valid business reason if refusing a statutory request.
Can I offer a trial period?
Yes. A properly agreed trial can help test whether the arrangement works for the employee and the organisation.
Can someone appeal?
An appeal is good practice and may form part of a reasonable process; remember the overall statutory decision deadline.
How Nectar HR can help
You do not need to work through a difficult employee issue alone. Nectar HR supports employers with practical advice, documentation, fair procedures and hands-on HR case management. We will help you understand your options, the risks and the next sensible step.
📖 Related Guidance in This Series
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