Managing a Flexible Working Request
Managing a Flexible Working Request
Flexible working can include changes to working hours, start and finish times, working days, location or other working arrangements. When managed well it can support retention, wellbeing and productivity. When handled poorly it can create employee relations issues and risk.
The right to request flexible working differs a little across Great Britain (England, Scotland, Wales), Northern Ireland and the Republic of Ireland, so it's worth checking the rules that apply where the employee works before you begin to review any request.
The practical guidance below can be applied wherever the employee is based.
Understand What's Being Asked
Flexible working can take many forms, including:
• Part-time working.
• Compressed hours.
• Different start and finish times.
• Term-time working.
• Job sharing.
• A change to working days.
• Remote or hybrid working.
• A temporary change for a defined period.
Ensure you know what exactly is being requested, when the employee would like it to start, and whether they're looking for a permanent or temporary arrangement. Many organisations use a Request Form to capture this information.
A Request Is Not an Automatic Entitlement
Having the right to ask for flexible working doesn't mean an employee has the right to be given exactly what they've asked for. However, the employer should genuinely consider the request and discuss the request with the employee.
Check Whether It's a Formal Request or an Informal Chat
Not every flexible working conversation needs to become a formal process. Where the change is short-term or minor, it can often be agreed informally between the employee and their manager. Where an employee wants to make a formal request, make sure you follow the right process and timescales, these vary a little across GB, NI and ROI, so check your policy or get in touch with us if you're not sure what applies.
Meet to Discuss the Request
A conversation is usually the most useful part of the process. It gives you the chance to understand why the arrangement has been requested and to explore how it might work in practice. Topics worth covering include:
• Customer or client service requirements.
• Impact on colleagues and the wider team.
• Supervision and management arrangements.
• Workload and deadlines.
• Any additional cost.
• Health and Safety & Data Protection considerations.
• Whether technology or different ways of working could help.
Consider the Request on Its Own Merits
Employers have a legal duty to look properly at what's being asked and to genuinely explore whether it can be made to work. Make Sure to give a request the time it needs to be properly looked into, explore its feasibility and its potential impact (if any). Refusing a request without having genuinely tried to accommodate it in some way may be hard to justify and carries real risk, and the onus is on the employer to show they've genuinely tried to accommodate it.
Think About Alternatives
If the exact request can't be accommodated, consider whether another arrangement could work, for example:
• Different start and finish times.
• A different non-working day.
• A smaller reduction in hours.
• A temporary arrangement.
• Partial rather than full remote working.
• A review after a defined period.
A request doesn't always have to end in a simple yes or no. Exploring alternatives can often produce a workable compromise.
Use Trial Periods
Where you're unsure how an arrangement will work in practice, a trial period can be useful, provided both parties agree on the flexible arrangement that’s being trialled. Be clear about the length of the trial, what will be reviewed and what happens at the end. We recommend all flexible working arrangements start on a trial basis to enable both the organisation and employee to test out if the arrangement works for them.
Be Careful When Refusing a Request
Where a request can't be agreed, explain the decision and the genuine business reason behind it clearly. Don't simply say the request “doesn't suit the business,” you need to explain the practical reason/s the proposed arrangement can't be accommodated, and you should ensure they should comply with the relevant legislation in that jurisdiction.
Watch for Equality and Discrimination Risk
Flexible working requests can overlap with equality legislation, for example where a request relates to disability, pregnancy or maternity, caring responsibilities, religion or other protected circumstances. Even where you believe you can refuse a request under the flexible working process, think separately about whether equality law creates additional obligations or risk. Where disability is involved, an arrangement may also need to be considered as a reasonable adjustment (or reasonable accommodation) rather than solely as a flexible working request.
Confirm the Outcome in Writing
Confirm the decision clearly and keep an appropriate record of how the request was considered. Where a flexible working arrangement is agreed, set out:
• The new working arrangement.
• The effective date/s.
• The length of the trial, or if you decide not to have a trial, whether the arrangement is permanent or temporary.
• Any agreed review date.
• Any impact on pay, annual leave or benefits.
• Any other contractual changes.
Where a contractual change is being made, you should update the employee's written terms accordingly.
Consider whether to Offer an Appeal
Whether to offer an appeal on a request outcome depends on the relevant legislation and your own organisational policy.
Why Is This Important?
A fair and well-managed flexible working process can:
• Improve retention and employee engagement.
• Support recruitment and provide access to a wider talent pool.
• Help employees balance work with personal responsibilities.
• Encourage managers to explore workable alternatives.
• Keep decisions consistent and evidence based.
• Reduce legal risk.
Flexible working works best when both parties approach the conversation with an open mind. Not every request can be accommodated, but employers should be able to show that they genuinely considered and explored what was possible before reaching a decision.
At AHR we support organisations across the UK and Ireland with handling flexible working requests, policy development, employee relations and wider people management matters. You can contact us for support via the following link: Contact | A Human Resource | AHR.
The following links provide additional helpful guidance on flexible working in the various jurisdictions:
GB: https://www.acas.org.uk/flexible-working
NI: https://www.lra.org.uk/workplace-policies/flexible-working
About the author
Aaron is an accomplished HR Director with over 20 years of experience in people management, known for his strategic leadership and ability to drive positive change in workplaces.