Flexible Working Request Policy: What Employers Should Put in Writing

A flexible working request policy helps employers deal with flexible working requests fairly, consistently and in line with their legal responsibilities.

Flexible working is no longer something employers can treat as an informal favour or occasional exception. Employees have the right to make a statutory flexible working request from the first day of employment. That does not mean every request must be accepted, but it does mean employers need a clear process for considering requests properly.

For employers, the best starting point is a written policy. A flexible working request policy gives managers a clear route to follow, helps employees understand what information they need to provide, and reduces the risk of inconsistent or poorly documented decisions.

Why employers need a flexible working request policy

A flexible working request can cover a wide range of changes. An employee may ask to work from home, reduce their hours, change their start and finish times, compress their hours, work part-time, or vary their working days.

Without a written policy, requests may be handled differently by different managers. One manager may agree a request informally, while another may reject a similar request without proper discussion. That can create confusion, resentment and potential legal risk.

A written flexible working request policy helps the business show that it has a fair and consistent process. It also makes it easier to demonstrate that a request was considered carefully, especially if a disagreement later arises.

The policy should not be written as a way to discourage requests. It should explain how requests will be handled, what factors the employer will consider, and how decisions will be communicated.

What a flexible working request policy should say

A good flexible working request policy should explain who can make a request, how the request should be made, what information the employee should provide, and how the employer will respond.

The policy should make clear that statutory requests must be made in writing. It should also explain that the employee should state that they are making a statutory flexible working request, identify the change they are asking for, and say when they would like the change to start.

Employers should also ask employees to explain the practical effect of the proposed change where possible. Although the legal rules have changed over time, it is still useful from a management point of view for the employee to explain how they think the arrangement could work in practice.

The policy should cover:

• who the request should be sent to
• what information should be included
• whether a meeting will normally be arranged
• who will consider the request
• when the employer will respond
• how any agreed change will be confirmed
• what happens if the request is refused
• whether there is an appeal process
• how temporary or trial arrangements may be handled

The policy should also explain that each request will be considered on its own facts. This is important because two requests that look similar may have different business consequences depending on the role, department, workload and timing.

Flexible working request policy and time limits

Employers must deal with statutory flexible working requests within the required timescale. In most cases, the decision must be made within two months of receiving the request, unless the employer and employee agree a longer period.

The policy should therefore include a clear internal timetable. For example, it may say that the employer will acknowledge the request promptly, arrange a discussion where appropriate, consider the request carefully, and confirm the decision in writing.

A timetable helps prevent requests from drifting. Delay is one of the easiest ways for an employer to create unnecessary risk. Even where a request is ultimately refused for a legitimate business reason, a poor process can undermine the employer’s position.

The policy should also explain who is responsible for monitoring deadlines. In smaller businesses, that may be the business owner, office manager or external HR adviser. In larger businesses, it may be HR or a senior manager.

What employers should put in writing when considering a request

A flexible working request policy should require proper written records. This does not mean creating unnecessary paperwork, but it does mean recording the key steps in the process.

Employers should normally keep a record of:

• the employee’s written request
• the date the request was received
• any meeting or discussion about the request
• the business impact considered
• alternatives discussed
• the decision reached
• the reasons for the decision
• any agreed trial period
• any appeal or further review

Written records are particularly important if the employer refuses the request. A short refusal saying “this does not work for the business” is unlikely to be enough. The employer should explain the business reason clearly and connect that reason to the actual role or workplace circumstances.

For example, if the concern is customer service cover, the employer should explain why the proposed working pattern would create a cover problem. If the concern is workload, the employer should explain why the work cannot reasonably be reorganised.

Refusing a flexible working request

A flexible working request policy should not promise that all requests will be accepted. Employers are entitled to refuse requests where there is a valid business reason, provided the request has been handled properly.

However, refusal should not be automatic. Employers should consider the request seriously, discuss it where appropriate, and consider whether there are workable alternatives.

Alternatives might include:

• a different working pattern
• a trial period
• partial homeworking
• adjusted start and finish times
• compressed hours for a limited period
• temporary arrangements during a particular business or personal need

The policy should make clear that managers should not reject requests based on assumptions. For example, it may be risky to assume that homeworking will reduce productivity without considering the employee’s role, performance, technology and supervision arrangements.

Where a request is refused, the decision should be confirmed in writing. The letter should set out the reason, explain the business impact, and confirm whether the employee has a right of appeal under the employer’s procedure.

Flexible working request policy and contract changes

If a flexible working request is accepted, the employer should consider whether the arrangement changes the employee’s contract of employment.

Some flexible working arrangements involve a permanent change to hours, place of work or working pattern. If so, the change should be confirmed in writing. Employers should be careful not to rely only on an informal email or verbal agreement.

The written confirmation should usually include:

• the agreed working pattern
• the start date
• whether the change is permanent or temporary
• any review date
• any trial period
• changes to pay or benefits, if relevant
• how the arrangement may be reviewed

This is where a flexible working request policy connects closely with contract management. Employers should ensure that accepted requests are reflected properly in employment contracts, written particulars or variation letters.

For help with written terms, employers may also need advice on contracts of employment and changing contracts of employment.

Training managers to follow the policy

A flexible working request policy is only useful if managers understand it. Employers should make sure that anyone who handles requests knows the basic process and the importance of consistency.

Managers should understand that flexible working requests may involve wider legal issues. For example, a request may relate to childcare, disability, health, caring responsibilities or religious observance. A badly handled request may therefore create risks beyond the flexible working rules themselves.

The policy should encourage managers to take advice before refusing a request where there may be a discrimination, disability, maternity, childcare or health-related issue.

Keeping the policy under review

Employers should review their flexible working request policy regularly. Working practices change, technology changes and legal requirements can change. A policy written several years ago may no longer reflect how the business actually operates.

A review should check whether:

• the policy reflects current law
• managers are following the process
• decision letters are clear enough
• accepted arrangements are being documented properly
• trial periods are being reviewed
• contract changes are being confirmed in writing
• employees know how to make a request

A short annual review is often enough for many employers, but the policy should also be reviewed after major business changes, restructures, office moves, technology changes or repeated flexible working disputes.

Getting the policy right

A flexible working request policy does not need to be long or complicated. It does need to be clear, practical and legally reliable.

For employers, the main aim is to create a process that is fair, consistent and properly documented. That protects the business while also helping employees understand how requests will be considered.

EBS Law advises employers on employment policies, contracts of employment, changing employment terms and workplace procedures. If you need help preparing or reviewing a flexible working request policy, or if you are dealing with a difficult request, taking advice early can help reduce the risk of disputes, grievances or tribunal claims.

For practical help with workplace policies, visit our employment handbook page. For wider support, EBS Law also provides employment law advice for employers across a full range of workplace issues.