Flexible working requests

Step-by-step to managing a flexible working request in your organisation

Dealing with flexible working requests

It’s now one of the most common requests made by returning parents.
Managers need to understand how to handle requests fairly and lawfully, while keeping in mind that the outcome of a request can shape an employee’s future with your organisation.

Since April 2024, employees have been able to request flexible working from day one.

Flexible working requests

1. Understand the request

Start with a clear, open conversation. Ask:

What change is being requested? (e.g. hours, days, location).
Is it permanent, temporary, or a trial?
What’s the context? (e.g. childcare needs, commuting issues).

Important: Employees don’t have to give a reason but understanding the ‘why’ often helps you respond with empathy and fairness.

2. Consult and assess fairly

You're legally required to consult before making a decision.

During consultation, you need to:

Respond within two months (including any appeal).
Arrange a meeting to discuss the request.
Explore how it could work in practice, including any business impact.
Suggest alternatives if the original plan isn’t workable.
Consider a trial period if you’re unsure.

Flexible working requests

3. Respond in writing

Whether you approve or reject the request, your response must be in writing and within the two-month window.

If you’re approving:

Confirm the new pattern in writing.
Update the contract if needed.
Agree a review point (if appropriate).

If you’re refusing:

Choose one of the 8 legal grounds (e.g. cost, performance, inability to reorganise work).
Clearly explain how the reason applies.
Avoid vague statements like “not suitable for the business”.
Consider offering an appeal process as good practice.

Flexible working requests

4. Avoid discrimination risks

Refusing a request from a mother returning to work may carry legal risk, particularly if it's related to childcare.

To stay compliant and fair:

Assess all requests consistently and objectively.
Explore alternatives before refusing.
Be aware of the risk of indirect sex discrimination.

Remember: Legal compliance is the baseline. A supportive approach goes further by reinforcing trust and helping parents succeed at work.

Remember: Legal compliance is the baseline. A supportive approach goes further by reinforcing trust and helping parents succeed at work.