Flexible Working: A UK Legal Guide

Flexible working arrangements have become an essential aspect of modern employment in the UK. As the traditional 9-to-5 model continues to evolve, more employees and employers are recognising the value of flexible working in supporting work-life balance, boosting employee satisfaction, and increasing overall productivity.

Recent changes in legislation have made flexible working more accessible, highlighting the importance of understanding the legal rights and obligations involved. From hybrid and remote models to part-time, compressed hours, and job-sharing agreements, flexible working is no longer a niche concept but a fundamental consideration in UK workplace culture.

For both employers seeking to implement effective policies and employees aiming to understand their rights, expert legal guidance is essential. Hopkins Solicitors provides comprehensive legal support for flexible working arrangements, ensuring compliance with UK employment law while helping organisations and individuals create flexible working relationships that are fair, transparent, and sustainable.

Understanding Flexible Working in the UK 

Definition and Types of Flexible Working 

Flexible working refers to any working pattern that deviates from the traditional full-time, fixed-hours model. It enables employees to adapt their work schedules, locations, or responsibilities to better suit their personal needs and lifestyle, all while maintaining productivity and aligning with business objectives. In today’s dynamic working environment, flexibility is a cornerstone of a modern, inclusive, and resilient workforce.

Common types of flexible working include:

• Remote working: This allows employees to work from home or another suitable location rather than the employer’s premises. It supports greater autonomy and can significantly reduce commuting time and costs.
• Flexitime: Employees have the freedom to choose their own start and finish times within a set window of core working hours. This helps staff work around childcare, education, or other personal commitments while remaining accessible during key hours.
• Job-sharing: Two employees share the duties and salary of one full-time role. This arrangement can attract a wider talent pool, including those who want to work part-time but maintain involvement in more senior or complex roles.
• Compressed hours: Employees work their full-time contracted hours over fewer days – for example, four long days instead of five. This offers extended rest periods without reducing pay and can boost motivation and focus.
• Part-time working: Employees work fewer hours than a standard full-time contract. This may involve fewer days per week or shorter daily hours and is often used by those with caregiving responsibilities, students, or individuals transitioning to retirement.

Each of these flexible working models can be customised to meet the needs of both the business and the individual. When implemented thoughtfully, they enhance employee satisfaction and retention, improve wellbeing, and help employers build a more adaptive and future-ready workforce.

Benefits for Employers and Employees

As flexible working becomes increasingly embedded in UK employment culture, it’s clear that the benefits go well beyond convenience. For businesses, embracing flexible arrangements can lead to stronger performance and reduced operational costs. For individuals, it can transform the way they manage their time, responsibilities, and overall wellbeing.

Flexible working arrangements offer significant advantages for both parties:

For employers:

• Improved retention and recruitment: Flexible working is a key factor for many job seekers.
• Increased productivity: Employees who can manage their schedules tend to be more focused and motivated.
• Reduced absenteeism: Greater flexibility supports employees in balancing personal responsibilities and reducing stress.

For employees:

• Enhanced work-life balance: The ability to manage family, health, or other commitments more easily.
• Greater job satisfaction: Employees feel more trusted and empowered.
• Improved mental wellbeing: Flexible schedules can reduce burnout and support long-term health.

When managed effectively, flexible working creates a more inclusive, agile, and resilient workplace.

Legal Framework Governing Flexible Working 

The right to request flexible working in the UK is governed by the Employment Rights Act 1996 and was significantly expanded through the Employment Relations (Flexible Working) Act 2023. As of 6 April 2024, all employees now have the statutory right to request flexible working from day one of their employment, removing the previous 26-week qualifying period.

Employers are legally required to consider requests in a reasonable manner and respond within two months. Employees can make two statutory requests per year. Requests must be considered fairly, and only specific business reasons can justify a refusal, such as:

• The burden of additional costs
• Detrimental impact on performance or quality
• Inability to reorganise work among existing staff

Hopkins Solicitors stays at the forefront of these changes, providing up-to-date advice and ensuring employers and employees understand their rights and responsibilities under the evolving legal landscape.

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Implementing Flexible Working: Employer’s Guide 

Developing a Flexible Working Policy

A clear and well-drafted flexible working policy sets expectations and ensures compliance with UK law. It should reflect your organisation’s approach to flexible working, outline eligibility criteria, and detail the process for making and handling requests.

Key elements of a flexible working policy include:

• Definitions of flexible working types your organisation will consider
• How to submit a request and what information employees should provide
• The process for reviewing and responding to requests, including timelines
• Trial periods for assessing the success of flexible arrangements
• Monitoring and review mechanisms to assess the impact on productivity and team dynamics

The policy should be written in plain English and accessible to all employees. Hopkins Solicitors helps businesses develop bespoke, legally compliant policies that balance operational needs with employee flexibility.

Handling Flexible Working Requests

Employers must handle flexible working requests in a structured and legally compliant manner. The process includes:

• Receiving a written request: This must include the proposed change, its start date, and an explanation of how it might affect the business.
• Considering the request: Employers must review the request objectively and within two months, including any appeal.
• Consulting with the employee: A meeting should be arranged to discuss the request and explore options or compromises.
• Providing a written decision: This should outline whether the request is accepted, partially accepted, or declined, and the reasons for any refusal.

Employers can only refuse a statutory flexible working request based on one or more of eight specific business grounds. Hopkins Solicitors advises employers on evaluating these requests fairly and avoiding the risk of discrimination claims.

Addressing Challenges and Ensuring Compliance

Introducing flexible working arrangements can come with operational and cultural challenges. Common concerns include maintaining productivity, managing team collaboration, and ensuring fairness across roles.

To address these challenges, employers should:

• Train line managers to assess and manage flexible working arrangements effectively
• Use trial periods to evaluate the impact of new arrangements
• Establish clear communication protocols for hybrid or remote teams
• Ensure policies are applied consistently to avoid indirect discrimination

Employers must also update employment contracts and handbooks to reflect agreed changes. Legal advice can be invaluable in making sure all documentation is accurate and enforceable.

Hopkins Solicitors works closely with HR teams to ensure full compliance with UK employment law, mitigating risk and supporting a positive flexible working culture.

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Navigating Flexible Working: Employee’s Guide

Making a Statutory Flexible Working Request 

Employees have the right to make a statutory flexible working request from day one of employment. To do so, they should:

1. Submit a written request to their employer, including the desired working pattern, proposed start date, and how the change may affect the business.
2. Explain how they believe the employer could manage the proposed arrangement, such as through technology, scheduling, or role adjustments.
3. Await a response within two months, during which the employer should consult with the employee and provide a decision in writing.

Employees can make up to two statutory requests per year. Preparing a clear and practical proposal increases the likelihood of a positive outcome.

Understanding Your Rights and Employer’s Obligations 

Under UK law, employees have the right to have their flexible working requests considered fairly and without discrimination. Employers are required to:

• Review each request in a reasonable manner
• Make decisions within the statutory two-month timeframe
• Refuse only on one or more of the recognised business grounds
• Provide reasons for any refusal and allow for an internal appeal

Requests cannot be rejected simply due to preference or outdated management practices. If an employer refuses a request without proper grounds, it may constitute a breach of statutory obligations or even discrimination.

Hopkins Solicitors can help employees understand their rights and prepare strong, well-reasoned requests that comply with legal requirements.

Addressing Denied Requests and Seeking Resolution

If a flexible working request is denied, employees should:

• Request an appeal through their employer’s internal procedures
• Seek feedback and propose modifications that address the employer’s concerns
• Contact an employment solicitor for advice on whether the refusal breaches legal obligations

In some cases, a denial may lead to a claim for indirect discrimination, particularly if the refusal disproportionately impacts those with protected characteristics (e.g. parents, carers, or disabled employees).

Employees may also escalate unresolved disputes to an Employment Tribunal, though most cases are resolved through negotiation or conciliation via Acas.

Hopkins Solicitors offers legal support at every stage – from request to resolution – helping employees navigate the process with confidence.

How Hopkins Solicitors Can Assist

Flexible working law is continually evolving, and both employers and employees benefit from expert legal advice. Hopkins Solicitors provides a comprehensive range of services, including:

• Drafting and reviewing flexible working policies and procedures
• Advising on individual flexible working requests and business impact assessments
• Assisting with contract variations and legal documentation
• Representing clients in disputes involving denied requests or discrimination claims
• Supporting organisations with training for HR and line managers

With a client-focused approach and deep expertise in UK employment law, Hopkins Solicitors ensures that flexible working arrangements are implemented smoothly, fairly, and in compliance with all statutory requirements. Whether you’re managing change across your workforce or seeking more balance in your own career, their team is here to help.

Conclusion 

Flexible working is no longer a luxury, it’s an essential component of modern employment. For organisations, it’s a key driver of engagement, productivity, and retention. For individuals, it offers a path to improved work-life balance and wellbeing.

Understanding the legal framework that governs flexible working in the UK is critical. From making statutory requests to drafting effective policies, both employers and employees have a responsibility to engage with flexible working arrangements fairly and lawfully.

Hopkins Solicitors is a trusted partner in this space, providing expert legal guidance for every stage of the process. Whether you’re a business leader navigating operational change or an employee seeking a more adaptable working life, their tailored support helps you achieve compliant, practical, and positive outcomes.

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