Flexible Working in the UK: Your Rights and How to Request It
Updated: Oct 23
Flexible working is a work arrangement that fits an employee's needs and preferences. It includes many options, from working from home to changing your hours. This guide explains the types, the pros and cons, who can ask and how to make a request.
Types of flexible working
1. Working from home
This means doing some or all of your work from your own home. It depends on factors such as the type of job, the facilities you have and whether the work can be done remotely. Remote working often suits roles with less face-to-face contact.
2. Hybrid working
This is a variation of working from home. You split your time between home and the office. For example, you might spend two or three days at home and the rest in the office.
3. Part-time work
This means working fewer hours than the standard full-time hours in your industry. For example, an office worker might work three full days a week (9am to 5pm) instead of five. Part time working is one of the most common arrangements.
4. Job sharing
Two people share the duties of one full-time role. One person might work two days and the other three.
5. Compressed hours
You work full-time hours but compress them into fewer days. Compressed hours are also called condensed hours. For example, standard hours might be seven a day over five days. You might instead work eight hours and 45 minutes over four days, with the fifth day off.
6. Flexitime
Flexitime lets you choose your start and end times, within limits.
There are core hours when everyone works, for example 10am to 4pm.
You choose your daily start and end times around the core hours.
A daily time band, for example 8am to 8pm, may apply.
7. Annualised hours
Your hours are counted across the year, not each week. This suits jobs with busy and quiet seasons. You might work longer hours in busy months and fewer in quiet ones.
These different types of flexible arrangement can improve work-life balance and productivity while meeting individual needs.
What advantages does flexible working offer?
Flexible working has several benefits for employees and employers.
Improved work-life balance
Spending more time at home with family, and escaping the pressures of a traditional workplace, can reduce stress and burnout.
Increased productivity
More control over your working hours can be empowering. It tends to boost happiness and productivity, which benefits both sides.
Better retention
Access to flexible hours encourages people to stay longer. Lower staff turnover supports better teamwork and keeps key people.
Cost savings
Employees save money on commuting, lunch and childcare. Employers may have lower costs per desk, such as electricity and water.
Enhanced brand value
Offering flexibility makes a company more appealing to job seekers. It can attract high-quality staff who value this benefit.
Does flexible working have any drawbacks?
Not suitable for everyone
Some people thrive in a structured workplace. A traditional 9-to-5 day gives them a clear divide between work and leisure.
Lack of a home and work divide
Working from home can blur the lines between work and personal life. These blurred boundaries can cause extra stress for you and the people you live with. Some employers also have different expectations about when you are available.
Reduced social contact
Remote working can lead to isolation from colleagues. Some people miss the camaraderie and atmosphere of an office.
Communication challenges
Flexible arrangements need good communication with colleagues. This often relies on technology. Technical problems can add admin and use up working time.
Reduced benefits
In some cases, working flexibly may mean fewer hours. That can lead to lower earnings and fewer paid holidays. If you are in a company pension scheme, your contributions may also be lower, which affects your retirement income.
Who is legally entitled to request flexible working?
Before April 2024, you had the legal right to request flexible working if you met these criteria:
You were classed as an employee.
You had worked for the company for 26 weeks or longer.
You had not made a flexible working request in the last 12 months.
From 6 April 2024, the rules changed:
You no longer need 26 weeks' service. The statutory right to request now applies from your first day of employment.
You can make a flexible working request without explaining how it might affect your employer's business.
You can make two statutory requests in any 12-month period, not just one.
Employers must respond within two months, instead of three.
Employers must consult with you before they refuse a request.
The rules continue to develop, and further changes are planned. Check the current position on GOV.UK before you apply.
Acas has published a statutory Code of Practice on handling requests. It sets out good practice, such as discussing the request with you and allowing an appeal. A tribunal will take the Code into account if a claim is brought.
In general, you are an employee if:
You receive regular work from the company in exchange for an agreed salary or wage.
You do the work personally.
You agree to do the work as your employer directs, for example at an agreed place or at set hours.
Even if you do not meet all the criteria, you can still ask for flexible working. Your employer is not bound by the same legal duties to consider it.
Must your employer approve your request?
Your employer does not have to agree to your request. If they refuse a statutory request, they must have a valid business reason. The law sets out the allowed reasons in section 80G of the Employment Rights Act 1996. It lists eight business reasons in all. For example, an employer might refuse if:
It would harm the quality of service.
Hiring extra staff would be too costly.
The overall cost would be too high.
It would reduce performance.
There is not enough work in the hours you propose.
It does not fit with planned business changes.
How to apply for flexible working
There are two ways to ask for flexible working.
1. Make a statutory request
If you meet the eligibility rules, you can make a formal statutory request. This gives you legal rights under the Employment Rights Act 1996 and the Flexible Working Regulations 2014. Key points:
Always make your request in writing.
You and your employer must follow a formal process.
Your employer must consider your request reasonably.
They must give you a written decision within two months of your request, or within three months if your request was made before 6 April 2024.
2. Make a non-statutory request
You can also make a non-statutory request. This is less formal. It does not give you the same legal rights as a statutory request. No set procedure applies, because flexible working law does not govern these requests. We still strongly advise you to put your request in writing, so there is a clear record.
Even if you qualify for a statutory request, you might prefer a non-statutory one for a temporary or small change. For bigger changes, a statutory request is usually the better option. The Acas guidance on flexible working is a helpful next step.
What to include in your flexible working request
These points apply to statutory requests. A similar format works well for non-statutory requests, because it helps your employer decide.
Written format. Always put your request in writing, and include the date.
State that it is a flexible working request. Say clearly that your request is about flexible working.
Previous requests. Say whether you have made an earlier request. If so, say when, and whether it was statutory or non-statutory.
Start date. Say when you would like the new arrangement to begin.
Details of the change. Say what change you want, such as a new place, hours or shifts. Say whether it should be permanent, temporary or only for certain times of the year.
Benefits. Explain how the change could help you, for example by increasing productivity. You can also point out benefits for the organisation, such as cost savings. This can strengthen your request.
Think about how your new working pattern would work in practice. Suggest how cover, meetings and handovers could be managed. If your employer is unsure, you could propose a trial period for the new working arrangements. This lets both sides test the change before it becomes permanent.
Need help with a flexible working request?
If your employer has refused your request, or you are not sure of your rights, speak to an employment solicitor. Our guide to an employment solicitor in London explains how a lawyer can help.
