How to handle flexible working requests legally and fairly

May 19, 2025 | Good Management

Flexible working is no longer just a post-pandemic trend – it’s a permanent fixture of modern working life. From remote working to flexitime or compressed hours, employees now value flexibility just as much as salary or job title.

As a small business owner, it’s important to understand not only the benefits of flexible working, but also how to handle requests in a way that’s both legally compliant and fair to everyone involved.

Let’s break down what you need to know.

As of April 2024, UK law entitles all employees to request flexible working from day one of employment. Previously, they had to be with you for at least 26 weeks, but not anymore.

Here’s what’s legally required:

  • Employees can make two flexible working requests per year.
  • You must respond within two months of receiving a request.
  • Requests must be considered reasonably and fairly.
  • You must have a genuine business reason to refuse.

It’s important to treat every request individually and document your process clearly.

Common types of flexible working requests

Employees may request many different arrangements including:

  • Part-time hours
  • Remote or hybrid working
  • Compressed hours (e.g. four longer days instead of five)
  • Flexitime (varying start and finish times)
  • Job sharing
  • Annualised hours (set hours over a year, not weekly)

The key is to assess whether the proposed arrangement can work with your business needs, and if not, why not.

How to handle a request step by step

1. Acknowledge the request promptly

Start by confirming in writing that you’ve received the request and will respond within the legal time frame (two months). Set expectations for when a meeting might take place, if needed.

2. Review the request objectively

Ask yourself:

  • Can the employee’s role be done effectively in the way proposed?
  • How will this affect team dynamics, customers, or operations?
  • Are there alternatives that might work better?

You’re allowed to refuse a request, but only for one of eight specific business reasons as follows:

  1. The burden of additional costs.
  2. Inability to reorganise work among existing staff.
  3. Inability to recruit additional staff.
  4. Detrimental impact on quality.
  5. Detrimental impact on performance.
  6. Detrimental effect on ability to meet customer demand.
  7. Insufficient work for the proposed work schedule.
  8. Planned structural changes to the business.

3. Meet to discuss (if needed)

You cannot refuse a request without consulting the employee, so unless you plan to agree the request straight away, you’ll need to meet with them to discuss their request. As well as being a legal requirement for refusal, a meeting shows you’re taking it seriously and gives you both the chance to explore alternatives if needed.

Be open, ask questions, and take notes.

4. Make your decision and respond in writing

Once you’ve made a decision, notify the employee in writing. If you approve the request, include:

  • The agreed changes
  • When they’ll take effect
  • Any review period (e.g. trial of 3 months)

If you’re turning down the request, explain your business reason clearly and respectfully. Don’t just specify which of the allowed reasons applies, you also need to explain how and why this applies in the employee’s case. You may also want to suggest alternative options, such as partial flexibility or revisiting the idea in future.

5. Keep a record

Always document requests, meetings, and decisions. It protects your business in case of future disputes and demonstrates that you followed a fair process.

Tips for fairness across the team

  • Be consistent: While every request should be judged on its own merits, having a consistent process for handling them helps avoid claims of favouritism or discrimination.
  • Communicate clearly: Let your team know how flexible working requests are handled so expectations are managed from the start.
  • Train managers: Even in a small business, ensure anyone responsible for decisions understands the legal framework and your internal approach.

Final thoughts

Handling flexible working requests legally and fairly isn’t just about avoiding trouble, it’s about building trust with your team. When employees feel heard and valued, they’re more engaged and more likely to stick around.

With the right approach, flexible working can support both your people and your bottom line.

If you would like any further advice on handling flexible working requests, do get in touch.