We were speaking with a client recently who said they are seeing more and more flexible working requests coming through. They are not alone. Since the law changed and employees can now make a request from day one of employment, many businesses are feeling the shift.
Flexible working is now part of everyday business life. That does not mean you have to agree to every request but it does mean you must handle them properly and be clear about your reasons if you say no.
Flexible working changes
The rules around flexible working have shifted and employers now need to be ready to explain why it was reasonable to refuse a request. It is no longer enough to simply quote one of the statutory reasons. You must be able to show how that reason applies to your business in practice.
Flexible working can take many forms. It is not just about working from home. Common examples include remote work, hybrid work, compressed hours, part time hours, staggered shifts and flexible start and finish times.
Each one of these scenarios can affect your business in different ways, which is why every request needs individual consideration.
A quick reminder of your obligations
Employees have the right to request flexible working. They do not have the automatic right to have it approved. As an employer, you must deal with the request in a reasonable manner and respond within two months unless you agree an extension.
If you decide to refuse, you must rely on one or more of the eight statutory business reasons.
The 8 lawful reasons you can refuse a flexible working request
There are 8 lawful grounds on which you can refuse a flexible working request. These are if:
- It would create additional costs that would damage the business
- It would have a negative effect on your ability to meet customer demand
- You cannot reorganise the work among existing staff
- You cannot recruit additional staff to cover the change
- It would have a negative impact on quality
- It would have a negative impact on performance
- There is not enough work during the times the employee wants to work
- There are planned structural changes in the business
On the face of it, it would be easy to just say yes some of these apply. However, the reason must be genuine and supported by evidence. It is not enough to say it will not work. You need to explain clearly why it will not work in your business.
For example, if someone asks to stop working Fridays and that is your busiest day for customer demand, you would need to show how that absence affects service levels, team workload or revenue. If you say it impacts quality or performance, you should be able to explain how and provide examples.
A tribunal will look at whether you acted reasonably, not whether it agrees with your decision. That is an important difference.
The watch outs many businesses miss
This is where risk often increases. The reason behind the request matters.
On paper, a flexible working request is about hours or location. In reality, it is often connected to something more sensitive.
When it is linked to childcare
If an employee requests flexibility because of childcare, especially if they are a parent of young children, refusing without careful thought can create indirect sex discrimination risk. Women are still statistically more likely to carry primary childcare responsibility, so a refusal could disproportionately affect them.
You would need to show that your refusal is a proportionate way of achieving a legitimate business aim. In simple terms, your business reason must be real, important and handled in a balanced way.
Try and approach such requests with an open mind and ask yourself whether alternative arrangements could work. Could there be a trial period. Could you adjust start and finish times rather than reducing days. Showing that you explored options with your employee strengthens your position.
When it is linked to health
If someone connects their request to stress, anxiety, a physical condition or any long term health issue, you need to pause and look at the wider picture.
If the condition could meet the definition of a disability under the Equality Act, you have a duty to consider reasonable adjustments. A flexible working pattern may be a reasonable adjustment.
Refusing in these cases without medical evidence or proper discussion increases the risk of disability discrimination claims. In many cases, involving occupational health before making a final decision is sensible.
When it is linked to capability
Sometimes an employee says they are struggling with workload or pressure and asks for reduced hours or home working. This should prompt a broader conversation.
If capability or performance is already an issue, simply refusing the request and moving on may create further problems. Equally, automatically agreeing may not solve the underlying issue.
You need to manage the flexible working request properly while also addressing any performance concerns through the correct process. Clear documentation and clear reasoning are essential.
Consistency across the business
Inconsistency is another common issue. If you have agreed similar requests for others, you need to explain why this case is different. Inconsistent decisions can lead to grievances and claims of unfair treatment.
Keeping a clear record of previous decisions and your reasoning will help protect the business.
Practical steps to protect your business
When a request comes in:
- Acknowledge it promptly and arrange a meeting to discuss it (there are statutory time frames within which you need to respond so swift action is critical)
- Explore the reasons behind it, even if the employee has not gone into detail
- Assess the impact on the team, customers and costs
- Consider alternatives and trial periods
- Take advice if the request links to health or childcare
- Respond in writing with clear business reasons
Avoid treating it as a simple formality. A rushed refusal can create far greater cost and disruption than the original request.
If you have a flexible working policy in place (which we strongly recommend), ensure that you follow your own timelines set out in the policy to ensure you are not in breach of your own processes.
The bigger picture
Flexible working is not going away. In many sectors, it is now expected. Businesses that manage requests well are more likely to retain good people and reduce absence and turnover.
That does not mean you have to say yes to everything. It means understanding your legal position, applying it properly and balancing fairness with commercial reality.
If you are seeing an increase in flexible working requests and are unsure how to respond without increasing risk, this is exactly where practical HR advice adds value.
Need support with flexible working requests?
At Dakota Blue Consulting, we support businesses with clear, practical HR advice that protects the business and keeps decisions fair and defensible.
If you are dealing with a complex request or want to sense check a decision before you respond, get in touch for a confidential conversation.
Contact us today to make sure your approach is legally sound and commercially sensible.