FAQs

Real questions answered by our experts

These FAQs are drawn from questions asked by attendees during our recent webinar. Our legal expert answered them live, and we’ve summarised the key points here so you can refer back to them in your own practice.

Flexible working requests FAQs

If we have previously approved a flexible working request, can we refuse a new request from an employee in the same team?

Yes. You can refuse a request if granting it would cause business difficulties. For example, if you cannot reorganise work, maintain customer service, or absorb additional costs.

Each request should be considered individually. As long as your decision is based on one of the eight statutory business reasons and not on a protected characteristic, you are compliant.

Can we amend an agreed flexible working arrangement if business needs change?

Yes. If circumstances have shifted, for example 18 months down the line, you can reopen consultation with the employee.

While you cannot impose changes unilaterally, you can explain the business reasons, seek agreement, and explore alternative arrangements.

Flexible working requests FAQs

How do we assess requests from maternity returners to work from home full-time?

Start by asking about childcare arrangements. The key question is whether the employee can realistically manage both work and childcare within contracted hours.

If childcare is in place and work output will not be affected, location shouldn’t matter. What matters is performance and meeting business needs, not where the employee is based.

What if a maternity returner makes a flexible working request several months before their return?

If the request is made too early, for example five months ahead, it’s reasonable to suggest they withdraw it

and reapply closer to their return date. Business needs may change in that time. If they insist, you must still consider the request, but be clear that circumstances may look very different nearer the return date.

How do we handle a flexible working request made just before starting a team restructure?

You should acknowledge the request but explain the restructure. The employee can either withdraw and resubmit after the restructure, or continue with the request, understanding the restructure may affect the outcome.

If the restructure is imminent, it’s often more practical for the employee to wait and apply once the new arrangements are in place.