Flexible working has become an essential part of the modern workplace. According to Acas, it refers to an arrangement that meets the needs “of both the employee and the employer” as to when, where and how someone works. This means working different hours, from a different location, or in a different pattern than the traditional 9-to-5 model.

The COVID-19 pandemic fundamentally changed how and where people work, accelerating the shift toward more flexible working models. For many jobseekers today, the ability to work flexibly is no longer just a perk, it’s a priority. However, despite increasing demand, some employees still face stigma when requesting flexible working arrangements. As more people recognise the benefits of flexible work, there is a growing need to update the law to reflect these evolving expectations.

This article will explore the current legal framework surrounding flexible working, the benefits and challenges it presents, and how the upcoming Employment Rights Bill aims to strengthen and clarify those rights.

Current Legal Framework for Flexible Working

As of the 6^th April 2024, the right to request flexible working is governed by the Employment Relations (Flexible Working) Act 2023. This legislation gives employees the legal right to request flexible working arrangements from their first day of employment, removing the previous requirement to wait 26 weeks. Employees are entitled to make up to two flexible working requests every 12 months, and employers must respond within two months of receiving a request.

Flexible working can include:

• Part-time hours
• Flexitime (choosing start and finish times)
• Staggered or compressed hours
• Term-time only work
• Job sharing
• Remote working
• Hybrid working (a mix of remote and office work)

Importantly, employers are permitted to refuse requests, but only for one or more of the eight business reasons specified in the legislation:

• The burden of additional costs
• Detrimental effect on ability to meet customer demand
• Inability to re-organise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes
• Any other grounds specified by the Secretary of State in regulations

Employers must consult with an employee before rejecting a request. However, there is currently no legal requirement for this consultation to follow a specific process, and employers do not have to justify why a rejection was reasonable. Additionally, Employment Tribunals cannot assess the fairness of an employer’s decision, only whether the process was followed correctly. This has led to calls for more transparency and accountability in how flexible working requests are handled.

Benefits and Drawbacks

Research highlights a clear and growing demand for more flexible work:

• According to the Timewise 2023 Flexible Jobs Index, nearly 9 in 10 employees want to work flexibly, but only 6 in 10 currently do.
• A 2023 CIPD survey found that nearly 40% of organisations reported an increase in productivity/ efficiency due to home or hybrid working.
• In the same survey, the CIPD estimated that up to 4 million people have changed careers due to a lack of flexibility in their previous roles.

There are also many well-documented benefits associated with flexible working, including:

• Better work-life balance
• Reduced stress and improved mental health
• Greater employee retention
• Reduced absenteeism, particularly relating to childcare or health issues
• Access to a wider talent pool and increased geographic diversity in hiring
• Environmental benefits from reduced commuting

However, employers have also reported some challenges, including:

• Difficulties maintaining team cohesion and work culture
• Reduced opportunities for informal learning and collaboration
• Concerns around how effectively managers can lead remote teams

The Employment Rights Bill: What’s Changing?

Looking ahead, the upcoming Employment Rights Bill, set to come into force in April 2026, introduces important changes to employment law. The legal framework surrounding flexible working requests is currently due to change in 2027 and will aim to strengthen employee rights in this area.

Key Changes:

• Employers will only be allowed to refuse a flexible working request if it is reasonable to do so, based on one or more of the existing eight business reasons.
• Employers will still be required to consult with the employee, but the process will be more clearly defined through secondary legislation.
• Employers will be required to provide a written explanation of why rejecting the request was reasonable.
• Employment Tribunals will be able to assess whether an employer’s decision was reasonable, not just whether the correct process was followed.

These changes reflect a broader societal shift towards recognising flexible working as a standard workplace expectation rather than an exception. By introducing a test of “reasonableness”, the new Bill aims to create a more balanced dialogue between employees and employers.

Crucially, the requirement for employers to justify decisions and follow a transparent consultation process is expected to reduce the stigma associated with asking for flexible working. Currently, many employees hesitate to make such requests for fear of being seen as less committed or ambitious. The upcoming legal changes signal a move toward normalising flexibility and encouraging open conversations about how work can be organised to meet both individual and business needs.

While the Bill does not create an automatic right to work flexibly, it reinforces the idea that flexible working is not a privilege but a legitimate and increasingly necessary part of modern working. As the workplace continues to evolve, this legislation represents an important step toward ensuring that working arrangements are fair, inclusive, and adaptable to the needs of a diverse workforce.

Contact Us Today

If you are an employee wanting to make a flexible working request or an employer wanting to update your policies ahead of the implementation of the Employment Rights Bill, we can help. For a free initial assessment of your case call us on 01642 843 667. Alternatively, complete our online contact form and one of our employment solicitors will be in touch.

Written by Olivia Heathcote, Employment Law