Want to work flexibly? Everything you need to know about requesting flexible working
Published: 2 Oct 2023
The Flexible Working Bill has become law. The upcoming changes will open up flexible working for millions more people and is a big step towards our goal of flexible working becoming the default in the UK.
Asking your employer for flexible working can be a daunting prospect, especially if you don’t know how your employer is going to react. Whenever you choose to make a request for flexible working, being clued up on your rights and knowing how to put forward the best case will mean you can approach your request with confidence. We’ve put together this guide so that you’re one step ahead. You may also find watching our Flex Request Masterclass helpful.
What’s changing?
Once the Employment Relations (Flexible Working) Act comes into effect in 2024, there will be some significant changes that are worth bearing in mind:
- You will be able to request flexible working from day one
As soon as you start a new job, you will be entitled to make a request to work flexibly. Currently you have to wait until you have been in a job for 26 weeks. You can make a request before this time, but your employer is not obliged to consider it.
- You won’t have to explain how the arrangement will work
This will encourage employers to pay more attention to how flexible roles can work within their organisation, a key step toward making flexible working the default way of working in the UK.
- You can make two requests each year
Currently, employees can only make one formal flexible working request per year. Allowing for two requests per year means that employees will have more options if their circumstances change.
- Processing time will be reduced to two months
At the moment requests must be processed within three months, which can create stress and uncertainty. A quicker turnaround is good for people and good for business.
- A consultation is required if your employer rejects a request
The aim is that this will open up a meaningful dialogue between employees and employers which should lead to better outcomes.
Searching for flexible roles
If you’re on the hunt for a new flexible role, look out for our Happy to Talk Flexible Working logo that signals that the employer is open to designing roles that are flexible.
Find the right flexible working for you
The beauty of flexible working is that it comes in all shapes and sizes, so there is always a type of flexible working that will fit your role. Hybrid working, reduced or compressed hours, changing start and finish times, flexitime, shift-swopping, job share -the list goes on. If we start thinking of roles as comprising of different tasks there is often an element of flexibility in when and how we can complete those tasks. There’s no one way to work flexibly, instead it’s best achieved with a solution that is tailored to both your needs, and the needs of your employer.
How to ask for flexible working
Do the groundwork
Your employer can only turn a request down on ‘permitted business reasons’, so put yourself in the strongest position by putting forward a good case. This involves some preparation:
- If it’s possible, initiate an informal conversation to test the water, this way you may identify any barriers that you can then address in your formal application.
- Research similar jobs to your own that are done flexibly, which can both demonstrate feasibility and give you ideas of how it can work in practice.
- Is anyone in your organisation working flexibly, or submitted an unsuccessful request? Utilising information on what has worked and what hasn’t will strengthen your case.
- Anticipate the issues that might arise in your role when working flexibly and offer solutions as to how these can be overcome.
- Suggest a trial period, where both you and your employer can see how the arrangement works in practice and make adjustments.
Make it official
When you come to submit a formal written request, make sure it meets the legal requirements and sets out your case. Read our guidance here which includes a template letter. Once you’ve made a request your employer has three months to respond. They may want to meet with you to discuss, either on the phone or face to face, and for this you can be accompanied by a colleague. Approach the meeting with a solutions mindset and be prepared to negotiate. Focus on what you’d like to get out of the meeting and what would be the next best alternative. Aim high, but be ready to compromise.
After the request
An employer can only refuse a request on the grounds that it hasn’t been made in the correct time frames (currently that means before 26 weeks, or more than once in a year), or for the permitted business reasons. If your employer has declined the request but breached these conditions, you may want to take further action, including an appeal, raising a grievance or a tribunal.
If you need advice about flexible working or your rights at work, you can call our free legal advice helpline on 0300 012 0312 (weekdays 11am-2pm) or use our online advice form.
Flexible working and the right to request
An explanation of your rights relating to making a flexible working request, how to make the request, and what happens next.
Choosing a new work pattern: a step by step guide for employees
A guide to deciding what type of flexible working pattern to ask for.
Tips for negotiating flexible working
Information on how to negotiate an agreement on flexible working.
What to do if your flexible working request is refused
Detailed guide on your rights and what to do if your employer refuses your flexible working request