Request Flexible Working Policy Writers
What are Request Flexible Working Policies?
Request flexible working policies set out how employees can formally ask to change their working pattern, and how employers should manage such requests fairly and consistently.
These HR policies help ensure compliance with UK employment law while supporting a culture that values work-life balance and employee wellbeing.
What Do Request Flexible Working Policies Cover?
A flexible working request policy typically includes:
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Eligibility criteria and qualifying conditions
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Types of flexible working that can be requested
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How and when a request should be submitted
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The employer’s duty to consider requests reasonably
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Timelines for responses and meetings
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Grounds for refusing a request
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Appeal procedures and record-keeping
Since April 2024, all employees in the UK have had the right to request flexible working from their first day of employment. Employers must consult with the employee before reaching a decision and respond within two months.
A clear policy supports both legal compliance and good management practice by giving structure to what can often be a sensitive or complex conversation.
It also helps foster a more adaptable and inclusive working environment where employee needs can be balanced with operational demands.
Legal Basis
The right to request flexible working sits in the Employment Rights Act 1996 (Part VIIIA).
The Flexible Working (Amendment) Regulations 2023 made flexible working a day-one right from 6 April 2024 (removing the previous 26-week qualifying period) and the Employment Relations (Flexible Working) Act 2023 made several procedural changes effective the same date: employees may make two requests in any 12 months (was one), employers must consult before refusing, the response window is now two months (was three), and the requirement on employees to explain the impact has been removed.
An employer may only refuse a request on one or more of the eight statutory business grounds (cost; ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit; detrimental impact on quality; on performance; insufficiency of work during the periods proposed; planned structural changes).
Common Compliance Pitfalls
- Procedures still requiring 26 weeks' service. Day-one right since April 2024.
- Three-month decision windows. Now two months, including any appeal.
- Refusals without prior consultation. Statutory consultation is now mandatory before refusal.
- Refusals citing only "operational reasons". The eight statutory grounds must be cited specifically.
- Discretionary processes that disadvantage women. Indirect sex discrimination claims are the dominant tribunal risk; documented, consistent reasoning is the defence.
Sector-Specific Considerations
Customer-facing and shift-based sectors: Demand-driven business grounds are commonly engaged but must be evidenced, not assumed.
Public sector: The Civil Service Commission and many local authorities operate enhanced flexible-working frameworks above the statutory floor.
Hybrid working: A separate hybrid policy is recommended; the flexible working procedure handles formal statutory requests, the hybrid policy handles informal and team-level arrangements.
What Policy Pros Delivers
Our Flexible Working Policy package includes the main policy aligned to the 2023 amendments, a request form, a manager decision matrix referencing the eight statutory grounds, a consultation script, an outcome letter suite, and an appeal procedure.
We also draft the companion hybrid-working policy and home-working risk assessment where required.
