Reforms are set to raise the bar for businesses seeking to reject applications for flexibility, says Debbie Coyne
Flexible working has travelled a long way from being viewed as a discretionary perk to becoming a central pillar of modern employment practice. Since 6 April 2024, employees have had a day-one statutory right to request flexible working, reflecting the reality that flexibility is no longer reserved for parents or carers but is a mainstream expectation across the workforce.
Yet while many employers have adapted well to this cultural shift, further reforms on the horizon signal a more fundamental change in how flexible working requests will be assessed, justified and challenged. Flexibility is becoming harder to refuse and employers will need to be far more rigorous in how they handle requests.
Under the existing legislation, employees have the right to request flexible working, but this does not mean it has to be automatically granted.
The statutory scheme sets out a structured process. Employees must make a written request and employers then have a two-month decision period – which can be extended by agreement – to consider it. During that time, the employer must deal with the request in a reasonable manner, consult with the employee where appropriate and notify them of the outcome.
Employees can make two statutory requests in any 12-month period. Businesses may only refuse a request for one or more of the eight prescribed business...
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