The HR Guide on Handling Flexible Working Requests: Law, Process & Risks

What is a flexible working request?

A flexible working request is a proposal made by an employee to change their working pattern. This might include changes to:

• Working hours (start or finish times)

• Work location (such as from home or another site)

• Working days (fewer days, compressed weeks)

• Overall pattern (e.g. job share or part time working)

A request can be either:

• Statutory: A formal request for flexible working made under UK employment law. Employees have a legal right to make a statutory flexible working request from day one of employment.

• Informal: An off-record conversation with a line manager, not following the statutory process. Often used for temporary changes or to explore feasibility.

The key difference lies in the legal requirements. A statutory flexible working request must follow a defined process, while an informal request gives room for early discussion and practical exploration.

Types of flexible working arrangements

Some want to work flexibly for childcare reasons. Others want fewer hours after maternity leave. Whatever the reason, here’s a breakdown of the most common types of flexible working arrangements.

Remote and hybrid working

Requests to work from home, or part of the week from home, fall under remote or hybrid working patterns.

Key considerations for employers:

• Equipment: Who provides IT, and is it secure?

• Supervision: Is the role suitable for less face-to-face oversight?

• Engagement: Will employee engagement suffer without regular contact?

HR teams should assess whether the requested change is a permanent variation or trial period, and update the employment contract accordingly if the employer agrees.

Flexible hours or flextime

This flexible working pattern allows staff to start or finish at different times, within agreed boundaries.

Options include:

• Staggered hours: Employees start/finish at different times to reduce overlap or cover more hours

• Flextime: Core hours (e.g. 10am–3pm) where everyone must be present, with flexibility outside of that

• Compressed hours: Working full-time hours over fewer days (e.g. four 10-hour days instead of five 8-hour days)

All these changes require clarity on how workload and customer demand will be met across the team.

Part-time or job share

Not all flexible working involves location or time tweaks. Sometimes, it's about reduced hours.

Types of arrangements:

• Part time working: A move to fewer days or fewer hours per day

• Job share: Two employees sharing the responsibilities of one full-time role

These often follow maternity leave or support longer-term work-life balance. Employers should consider:

• How duties will be split

• Impact on team performance

• Payroll and benefits adjustments

Legal framework and eligibility

Legal changes in April 2024 gave UK employees more flexibility, literally.

Statutory right from day one

Since the Flexible Working (Amendment) Regulations 2023 and Employment Relations (Flexible Working) Act 2025, employees now:

• Can make a statutory flexible working request from day one of employment

• Can submit two requests per year

• Must have their request considered in a reasonable manner

• Have the right to a consultation meeting if the employer refuses

The employer’s decision must be based on valid reasoning, and any unreasonable delay could be challenged at an employment tribunal.

Eight valid business reasons to refuse

If an employer decides to reject a new flexible working request, UK law allows this only for the following reasons:

1. Additional costs
2. Negative effect on ability to meet customer demand
3. Inability to reorganise work among other employees
4. Inability to recruit additional staff
5. Negative effect on quality
6. Negative effect on performance
7. Insufficient work for the periods the employee wants to work
8. Planned structural changes

Refusals must be explained clearly in writing and discussed in a flexible working meeting.

Process and timelines

Employers must handle every working request properly. That includes:

• Acknowledging the request in writing

• Meeting with the employee to discuss the original request

• Considering it in a reasonable manner

• Making a decision within two months

• Offering an appeal process

• Keeping records in case of employment tribunal claims

It's good practice to allow a trade union representative or colleague to attend meetings, and to consider a trial period where feasible.

Informal vs formal requests

Most working requests begin with an informal request to a line manager. A quick conversation about working from home on Fridays or shifting start times by an hour. These can often be resolved on the spot or trialled before going formal.

However, employees also have a statutory right to make a formal flexible working request from day one. When that happens, a clear process must be followed:

Both routes can be used together. A trial period agreed informally might lead to a formal request once it’s proven successful.

Manager training and consistent handling

Line managers are usually the first to receive a new flexible working request; but not all feel confident managing them.

Training should cover:

• Understanding the statutory request process

• Identifying when an informal request needs escalation

• Knowing the eight legal reasons to refuse

• Communicating decisions in a reasonable manner

• Offering a fair appeal process where the employer refuses

• Encouraging alternatives if the original request can’t be met

Clear procedures reduce the risk of unreasonable delay or decisions challenged at an employment tribunal. The hr team can support with checklists, response templates and case reviews to maintain consistency.

Integration with scheduling and payroll systems

Once a flexible working arrangement is agreed, it needs to flow through internal systems to avoid confusion or payroll errors.

Key areas to update:

• Rostering and scheduling tools: Adjust shift patterns or days worked

• Time tracking: Reflect new start/end times or staggered hours

• Payroll: Apply reduced hours, compressed weeks, or part time hours

• Employment contract: Record any permanent variation to the role

• Absence management: Update entitlement based on new working hours

Using integrated HR software helps avoid data mismatches and keeps everyone aligned on the new working pattern.

Challenges and risk mitigation

Even when handled well, a request for flexible working can have knock-on effects for teams, systems, and workplace morale.

Managing workload and cover demands

Some flexible working patterns may strain coverage:

• A job share that splits responsibility too unevenly

• A compressed week that leaves fewer staff on Fridays

• Working from home arrangements that limit supervision of junior roles

To meet customer demand, managers may need to:

• Rethink rota design

• Distribute tasks across other employees

• Introduce check-ins or shared responsibilities

Proactive planning helps avoid additional costs from overtime or temporary cover.

Inconsistent treatment and equity risks

One of the biggest risks is perceived unfairness. If some employees’ requests are approved and others are not, without clear reasons, it can lead to:

• Frustration or disengagement

• Disputes over equality act considerations or reasonable adjustment

• Loss of trust in the employer's decision process

To reduce risk:

• Keep a written record of each live request

• Ensure decisions are based on clear, lawful reasoning

• Offer further information when a request is rejected

Where appropriate, involve a trade union representative to support transparency.

Rising expectations and policy strain

Since the right to request flexible working became universal, employee expectations have increased.

But not all organisations can sustain multiple changes:

• Too many new flexible working requests can lead to planning overload

• Some HR leaders report that flexible working is dropping as a priority

• Line managers may struggle to find solutions for every case

It’s helpful to review policy limits, monitor volume of requests, and communicate the business context clearly. Flexibility is a benefit, not a guarantee. Balanced expectations on both sides keep the system working.

Employee scheduling and Time-tracking software!

• Easy Employee scheduling
• Clear time-tracking
• Simple absence management

Try for free Request a demo

How Shiftbase helps manage flexible working requests

Managing a flexible working request can also be a practical challenge. From keeping track of changing hours to adjusting shift patterns and handling time off, you need the right tools in place.

Shiftbase makes it easier to manage every part of a new working arrangement:

• Use our employee scheduling feature to adjust rosters based on approved requests, including part time hours or job shares.

• Track hours accurately using time tracking, even for employees with staggered or compressed schedules.

• Handle absence management more easily by linking requests to leave types, trial periods or temporary changes.

Everything is connected in one place, making it easier for your HR team and line managers to stay on top of changing working patterns, without extra admin.

Start your free 14-day trial of Shiftbase today and see how much easier it is to support flexible working with the right system.