Law on flexible working requests
Since April 2024, employees have had a day-one statutory right to make a flexible working request, in order to change their hours of work, work location or working pattern. An employee can also make two such requests in any 12-month period.
Key obligations for employers include:
- Dealing with the request in a reasonable manner – the Acas Code of Practice on requests for flexible working (“the Acas Code”) suggests this “should include carefully assessing the effect of the requested change for both the employer and the employee, such as the potential benefits or other impacts of accepting or rejecting it”.
- Consulting with the employee before refusing a request.
- Responding within two months beginning with the date on which the employee’s request is made or such longer period as the parties may agree. Any appeal offered by the employer should be decided within this period. The legislation does not require the employer to offer an appeal, however the Acas Code suggest it is good practice.
- Documenting decisions.
An employer can decline a flexible working request on one of eight business grounds, such as the burden of additional costs or it having a detrimental impact on performance. Mishandling requests can lead to tribunal claims and reputational damage.
The challenge
Since the Government launched its ‘Plan for Change’ at the end of 2024, designed to decentralise decision making and reduce dependence on Whitehall, it has committed to relocating 22,000 civil service jobs from London to other parts of the UK by 2030.
The Government also confirmed that it intends to relocate 50% of UK based senior civil servants to regional offices by 2030, to help make it easier for young people across the UK to progress to senior roles, without moving to London.
This policy, and its focus on relocation, means that there has been a surge in flexible working requests within the public sector workforce. Such requests are aimed at avoiding relocation or seeking hybrid or remote arrangements, for instance, to avoid uprooting families or long commutes.
Public sector employers must therefore balance operational needs with retention and sustaining morale, especially when relocation intersects with equality obligations. For example, if a an employer decides to decentralise services and relocate staff, it should consider the impact on employees with caring responsibilities or disabilities.
Practical tips
In order to deal with the challenge of successfully responding to such requests, balancing retention issues and minimising the risk of employment tribunal claims, public sector employers should consider the following practical tips:
- Review and Update Policies: Public sector employers must ensure that their flexible working policy reflects the legal changes outlined above. Public sector employers should also consider adding links in any flexible working policy to related policies, such as hybrid or remote working policies and relocation guidance.
This should help demonstrate compliance with the law and set reasonable expectations for both managers and employees from the outset.
- Train Line Managers: Public sector employers should also train managers to handle flexible working requests consistently and lawfully, including completing objective assessments outlining the rationale for any decision, which should be clearly documented.
Having well trained managers should reduce the risk of inconsistent decisions and, consequently, potential tribunal claims, including for discrimination, particularly where requests relate to childcare, disability, or religious observance.
- Consultation and Trial Periods: Public sector employers should avoid rejecting requests outright and instead focus on engaging in meaningful consultation. This should include discussing the employee’s reasons for the request and potential impacts on service delivery and team dynamics.
Public sector employers should also consider alternative arrangements that might work for both parties and implement trial periods. This would allow employers to monitor performance and address any operational challenges early, fostering trust and flexibility.
- Relocation: Where relocation creates tension between organisational needs and employee preference, public sector employers should consider creative solutions. These solutions could include proposing compressed working weeks, or partial remote work for example.
Public sector employers should also consider support and incentive measures, such as relocation allowances, travel subsidies, or other financial incentives to lessen the impact of any relocation.
Such creative solutions show commitment to employee wellbeing and can help with retention during the transition.
What’s on the horizon?
It is worth noting that change is on the horizon for flexible working under the Employment Rights Bill with a new provision that employers may only refuse a request for flexible working where it is reasonable to do so. The legislation is expected to come into force in 2027. This change will make it harder for employers to reject flexible working requests and is expected to lead to more tribunal claims when requests are refused, as arguments about whether the refusal was reasonable will now come into play.
If you would like more information or tailored advice in respect of flexible working requests, please get in touch with our team.
Co-authored by Emily Crees
