Flexible Working Agreements: What You Need to Know

The world of work has changed and the old 9-to-5 office-only model is no longer the default. The reality is that top talent now expects more control over where, when and how they work. Flexible working agreements aren’t just a perk anymore; they’re a strategic necessity. But offering alternative working patterns without a clear framework is a recipe for chaos, confusion and legal risk.

To navigate this new landscape with confidence, you need robust flexible working agreements. We’ll cut through the complexity of UK law and show you how to manage requests fairly and effectively. It’s about more than just compliance; it’s about building a modern, high-trust workplace where your team can thrive.

What are flexible work patterns?

Flexible working is any work pattern that falls outside of traditional office-based, 9-to-5 hours. It’s about giving employees more control over their schedule and location, empowering them to balance work with their personal lives. 

Modern UK workplaces are embracing a variety of models, including:

• Part-time hours: Doing fewer hours than a full-time employee.
• Remote work: Operating from home or another location away from the office full-time.
• Hybrid work: Splitting time between the office and remote.
• Compressed hours: Doing full-time hours but over fewer days (e.g., a four-day week).
• Flexitime: Allowing employees to choose their start and end times around core business hours.
• Job sharing: Two people sharing the responsibilities of one full-time role.

Manager’s guide to flexible working arrangements 

As a business owner, HR professional or line manager, your role is to make flexible working a success, not a headache. This means assessing requests fairly, focusing on output rather than hours spent at a desk and maintaining team cohesion. Your goal is to communicate decisions clearly, set transparent expectations for performance and availability and ensure productivity remains high, regardless of where your team is working.

Employee’s guide to flexible working

In the UK, employees have the right to request flexible working arrangements, but it’s a two-way street. They should be encouraged to think about how their proposed arrangement will impact the team and the business. Setting realistic expectations is key. A successful request is one that considers business needs while providing the employee with the flexibility they desire.

How to submit a flexible working request

Thanks to recent reforms in 2024, the process for making a statutory flexible working request has changed. Now, employees have the right to make a request from day one of their employment. 

Employees can make two requests in any 12-month period. While they are no longer required to explain what effect the change will have on the employer, it is good practice for them to do so.

Purpose of flexible working policies

A clear, well-documented flexible working agreement is non-negotiable for any forward-thinking UK employer. It’s your blueprint for treating every request with consistency, ensuring all employees are managed fairly and defending your business from claims of bias or discrimination. With transparent rules in place, you create a level playing field. Everyone knows what to expect, how the process works and that their request will be evaluated by objective standards rather than gut instinct.

From a compliance perspective, the stakes are high. Employment law is constantly evolving, especially as flexible work becomes mainstream. Without a formal policy, you run the risk of falling foul of statutory rights or mishandling requests, which can quickly escalate into costly disputes or tribunal claims. On the flip side, a policy that’s aligned with HR compliance helps you build trust with your team, demonstrate best practice and adapt quickly when legislation changes.

But this is not just about legal boxes—clarity benefits employees, too. A well-structured policy reassures your team that the process is straightforward, timelines are set and decisions are made for valid business reasons, not personal preference. In short, clear policies empower everyone: they protect you as an employer and give your people the confidence to ask for the flexibility they need without hesitation.

With your policy foundation set, the next critical step is identifying exactly who is entitled to use it.

Who this policy applies to

Under UK law, the statutory right to request flexible working agreements applies to employees. It does not typically extend to self-employed contractors or agency workers. Your policy should clearly define who it covers to avoid any ambiguity. While you can choose to offer flexible arrangements to non-employees, the formal statutory process is reserved for those on your payroll.

Let’s explore the different forms these arrangements can take.

Different types of flexible working arrangements

Flexibility isn’t one-size-fits-all. The right arrangement depends on the role, the team and the individual. Common options include:

• Job sharing: Two employees share the duties and hours of one full-time position.
• Hybrid arrangements: A mix of office-based and remote, often on a fixed schedule.
• Term-time only: Employees work during school term times and take unpaid leave during school holidays.
• Staggered hours: Team members have different start and finish times, allowing for extended business coverage.
• Compressed hours: An employee works their full contracted hours but over fewer days.

To manage these effectively, everyone needs to know their role in the process.

Who is responsible for what?

A smooth process relies on clearly defined responsibilities for both managers and employees.

Manager responsibilities

Managers are on the front line. They must review each request objectively and consult with the employee to fully understand their proposal. They are responsible for documenting the outcome, communicating the decision clearly and ensuring fairness and consistency across their team.

Employee responsibilities

The employee’s responsibility doesn’t end after making the request. If the new arrangement is approved, they must continue to meet their performance standards, adhere to communication protocols and be proactive in flagging any issues that arise from their new work pattern.

This shared responsibility is central to how the process unfolds.

How the flexible working process works

The statutory process follows a clear path. First, the employee makes a written request. You must then consult with the employee to discuss their request before making a decision. This consultation is a crucial step to explore the proposal in detail. Finally, you must provide a decision within two months of the initial request, including details of the appeal process. This entire workflow can be streamlined with the right HR software.

The goal, wherever possible, is to find a solution that works for everyone.

Reaching an agreement on flexible working

If you approve a request, you must formalise it. This means updating the employee’s employment contract to reflect the new terms. This written agreement should detail the new working hours, location and any specific communication expectations. A verbal agreement is not enough; putting it in writing avoids future disputes and creates a clear record of the new arrangement.

Reviewing a flexible working arrangement

Circumstances change. A flexible working agreement that works today might not be suitable in a year’s time. It’s good practice to schedule periodic reviews (e.g., every 6 or 12 months) to ensure it is still suitable for both the employee and the business. This allows you to make adjustments proactively and ensures ongoing suitability.

When a flexible working request is denied

You can only reject a statutory request for one of eight specific business reasons defined by law. These include:

• The burden of additional costs.
• An inability to meet customer demand.
• Inability to reorganise work.
• A detrimental impact on quality.
• A detrimental impact on performance. 
• An inability to recruit. 
• Insufficient work. 
• Planned structural changes. 

You must communicate your decision clearly in writing, explaining which of the statutory reasons applies to the situation and providing a solid explanation.

Before confirming a refusal, employers are expected to consult with the employee to explore possible alternatives or adjustments. This might include discussing modified arrangements, trial periods or phased approaches to see if a workable compromise can be reached. A genuine consultation process not only supports fairness but also helps demonstrate that the decision was made reasonably and with due consideration.

An employee who is unhappy with the outcome has the right to appeal the decision internally. Clear information on how to do this should be included in your written response.

Can employees appeal a rejected request?

Yes. An employee has the right to appeal your decision. Your flexible working policy must outline your appeals process. You should handle any appeal impartially and in a timely manner, giving the employee a chance to explain why they disagree with your decision. A senior manager who was not involved in the original decision should ideally hear the appeal to ensure fairness.

Despite the administrative process, the payoff for getting this right is huge.

Why flexible working benefits everyone

Embracing flexible working agreements is one of the most powerful moves you can make for your business. It significantly boosts employee morale, engagement and wellbeing. Companies with strong flexible work cultures report higher productivity levels and find it far easier to attract and retain top talent. It’s a clear win-win, creating a more resilient, loyal and effective workforce.

There are many ways to make it a reality in your business.

Ways to arrange flexible working

Managing a flexible workforce doesn’t have to be complicated. Modern scheduling tools can help you manage complex rotas and ensure adequate coverage. Clear communication policies, outlining core hours and expected response times, can ensure everyone stays connected. The key is to build a system that provides structure without sacrificing the freedom that makes flexible work so valuable.

As with all areas of employment, the legal landscape can shift.

Policy updates and changes

UK employment law is not static. The recent changes giving employees the right to request from day one are a perfect example. You must regularly review your flexible working policies to ensure they remain compliant with current legislation. Staying informed protects your business and demonstrates your commitment to fair and modern employment practices.

Download the full factsheet

Flexible working is here to stay. By building a clear, fair and legally compliant process, you can turn this shift into a major strategic advantage. Stop reacting to requests and start leading with a proactive and supportive policy.

This factsheet will guide you through every step, ensuring you have the confidence to manage flexible working arrangements effectively.