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In the last few years, flexible working has become much more common and expected, and businesses large and small need to know how they want to meet this growing demand.
Small businesses that don’t offer flexible working, or don’t have a clear flexible working policy in place, are very likely to receive a flexible working application sooner or later. Earlier this year, for example, an ONS study revealed that almost as many people now work from home, or work part of the week from home, as commute to the office.
As one of Charlie’s CIPD-qualified advisors, I help new and small businesses understand and comply with HR law requirements — including, how to deal with increasing numbers of flexible working requests.
So I’ve put together this guide to help employers navigate the world of flexible working. It covers an up-to-date overview of employees’ rights (the law has changed very recently), and includes advice on how you, the employer, should respond to their flexible working requests.
And to make things easier, I’ve also included a free flexible working request letter template that your employees can start using straight away. Download it now, or at the end of the article.
Please note: flexible working rules are different in Northern Ireland.
Flexible working is described by GOV.UK as “a way of working that suits an employee’s needs, for example having flexible start and finish times, or working from home”. And there are various different ways people can work flexibly.
Flexitime (a working schedule with set core hours and flexible start and finish times), compressing working hours, or reducing the number of total hours (moving to part-time) are all examples of flexible working.
As an employer, promoting flexible working is a way of attracting and retaining talented employees.
A flexible working request, also known as ‘making a statutory application’, is when an employee asks their employer if they can change the hours they work, the times they work, or their working location.
Any employee has the right to request flexible working, and an employer must consider each individual flexible working request in a ‘reasonable manner’ (more on this below under What is the law around flexible working?).
The request must be in writing, and should clearly communicate the type of flexible working that’s being requested. For example:
There are many reasons why someone in your team might put in a request to work more flexibly. Some of the most common flexible working request reasons are:
With the new flexible working law coming into effect on on 6 April 2024, team members can request flexible working arrangements from their first day on the job. (Previously, this right was available only to employees who had worked for the same employer for 26 weeks or more.)
In July 2023, the Flexible Working Rights & The Employment Relations (Flexible Working) Act 2023 received the Royal Assent, bringing in some important changes in the law around flexible working.
As per the previous flexible working laws, employers must deal with all flexible working requests in a ‘reasonable manner’. This means that employers should:
An employee can take their employer to an employment tribunal if they feel their request has not been dealt with in a reasonable manner.
If a flexible working request is agreed, the employer must update the terms and conditions in the employee’s contract.
If the request is rejected, the employer must write to the employee and explain the business reasons behind their refusal.
On occasion, employers may have reason to reject flexible working requests. And these are likely to be due to specific factors and unique to the business.
If there are good business reasons for doing so, then an employer can refuse an application for flexible working. But they must communicate those reasons in writing back to their employee.
An employee who’s been refused flexible working is going to be disappointed however, so it’s good practice to have a plan in place for how you’ll communicate bad news. How you respond is likely to impact their morale and ongoing productivity levels.
Here are some ideas to minimise the negative impact of not granting a flexible working request:
Think about the tone of your refusal letter. Language that’s overly formal or abrupt could easily be misinterpreted, and you don’t want your employees to think that you don’t care or can’t empathise. So explain your business reasons considerately, and use real-life examples wherever possible.
Follow up your letter with a chat. Don’t leave the idea of flexible working hanging in the air so it becomes an uncomfortable subject and the ‘elephant in the room’.
Consider a compromise. You might not be able to grant the application in full, but is there a compromise that might suit you both? Offering a little more flexibility will demonstrate that you’re willing to consider their needs, as well as the needs of the business.
Return to the conversation. Don’t wait for your employee to bring up the idea of flexible working again. Make a note of the date of their request, and check in with them at an appropriate time. They’ll appreciate the opportunity to let you know how things are going and if anything’s changed.
An employee can make a request for flexible working if they have worked for the same employer for 26 weeks. The flexible working request must be submitted in writing to their employer.
An application for flexible working can be for a permanent or a temporary change, and must include the following:
Though not required by law, a flexible working request may be made more persuasive by also including:
If wishing to withdraw a flexible working request that’s already been submitted, the employee must also inform their employer in writing.
You can make things easier for your employees, and simpler for you, with a standardised flexible working request template.
A flexible working request template is a flexible working request letter with blank or highlighted sections for your employees to edit. Members of your team can use it to apply to work more flexibly.And to make things even easier and simpler, we’ve created a free flexible working request form that you can download and start using straightaway.
Having a flexible working request letter template available for your employees makes submitting applications much more straightforward for everyone.
Even with a flexible working request letter template, there’s still a lot of thought and paperwork required to process a flexible working request. And every request will be different, so you’ll have to do the same amount of work every time.
For that reason, many businesses look to experts like Charlie for support.
Our HR Advice Service is a bespoke service that exists to help startups and small businesses through one-to-one, anytime support from CIPD-qualified advisors. They can help you deal with flexible working requests by:
With Charlie’s HR Advice Service you’ll have the peace of mind of always being compliant, with access to employment law advice whenever you need it (and for a fraction of the cost of hiring a lawyer!). Your expertly drafted HR and flexible working policies will set you apart from your competitors, and boost your reputation as a modern employer.
We’ll help you build a great place to work, so get in touch today.
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