Flexible Working Requests: Employer Guide

TL;DR: In most jurisdictions, employees have the right to request flexible working, and employers must respond within a set timeframe through a fair process. Refusal must be based on specified business grounds — and blanket refusals risk sex discrimination claims.

What You Need to Know

Flexible working — including part-time hours, compressed weeks, remote working, job sharing, and flexitime — has moved from a workplace perk to a mainstream expectation. More importantly, in many jurisdictions it is now a statutory right rather than a discretionary benefit.

For employers, the legal landscape has shifted significantly in recent years. In the UK, the Employment Relations (Flexible Working) Act 2023 extended the right to request flexible working to all employees from day one of employment (previously after 26 weeks) and increased the number of requests an employee can make per year from one to two. In Australia, the National Employment Standards give certain groups an absolute right to flexible working arrangements in some circumstances.

Getting the process right — responding within the timeframe, considering requests genuinely, documenting the decision, and communicating reasons where a request is refused — protects employers from legal challenge and supports retention of valued employees.

How It Works: A Practical Overview

Who Can Make a Request

In the UK, from April 2024, all employees from day one can make two flexible working requests per year. Previously, the right was limited to employees with 26 weeks' service. Note this is a right to request — not a right to receive — flexible working.

In Australia, under the Fair Work Act, certain employees have an enhanced right:

• Employees who are a parent or have responsibility for the care of a school-age child or younger
• Employees who are a carer under the Carer Recognition Act
• Employees with a disability
• Employees who are 55 or older
• Employees experiencing family or domestic violence or supporting victims

These groups in Australia can demand a response and, importantly, employers who refuse must genuinely negotiate — a simple refusal can now be challenged in the Fair Work Commission.

The Request Process

A valid flexible working request must typically:

• Be made in writing
• State what change to working arrangements is requested
• State when the change is to begin
• State the employee's reasons for the request (not required in all jurisdictions)

Once received, the employer must deal with the request in a "reasonable manner" and within a specified timeframe.

Employer Response Timeframes

Time limits for responding vary by jurisdiction:

• UK: Two months from the date of the application
• Australia: 21 days (from 2023)
• New Zealand: No statutory timeframe, but "reasonable time" applies
• Canada: Varies by province; no federal timeframe for most employees

Within this period, the employer should:

1. Acknowledge receipt
2. Arrange a meeting if needed to discuss the request
3. Issue a decision, in writing, either accepting or rejecting the request
4. If rejecting, give the grounds for refusal and the basis for their decision

Permitted Grounds for Refusal

In the UK, a flexible working request can only be refused on one of eight specific business grounds:

1. The burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficiency of work during the periods the employee proposes to work
8. Planned structural changes

Refusing on any other grounds — or failing to demonstrate the ground applies — risks an employment tribunal claim. Refusing requests made by women with childcare responsibilities at a higher rate than similar requests by men also risks indirect sex discrimination.

Right of Appeal

In the UK, employees have the right to appeal a refused flexible working request. The appeal must be heard by a different manager to the person who made the original decision.

Country-by-Country Comparison

US note: While there is no federal right to request flexible working, the FMLA and ADA may require employers to consider flexible arrangements as accommodations for qualifying employees.

Common Mistakes to Avoid

1. Treating flexible working requests informally. Even if you are inclined to agree, the request and your acceptance should be documented in writing. Changes to contracted terms must be recorded — otherwise there is ambiguity about what was agreed and on what basis it can be changed back.
2. Refusing without considering the request genuinely. A reflexive refusal — "we've always done things this way" — is not a business case. You must genuinely assess whether the request can be accommodated and document your analysis of each of the relevant business grounds.
3. Missing the response deadline. In the UK, failing to respond within two months is itself a breach that gives the employee the right to refer the matter to an employment tribunal, regardless of whether the refusal would otherwise have been valid.
4. Discriminatory patterns of refusal. If flexible working requests from women — particularly those with young children — are refused at a higher rate than those from men, this pattern can constitute indirect sex discrimination. Monitor and audit outcomes.
5. Agreeing informally and then not updating the contract. If you agree to a change — even temporarily — and it becomes permanent in practice, the employee may be able to argue their contract has varied by conduct. Keep track of what is temporary and what is permanent, and document accordingly.

Next Steps: Get Started Today

Manage flexible working requests compliantly with our tools:

• Employment Checker — verify flexible working rights and process requirements by jurisdiction
• Filing Deadlines — track response deadlines for statutory requests

MmowW Scrib🐮 is a document preparation service, not a law firm. We do not provide legal advice. For advice specific to your situation, consult a qualified employment solicitor or attorney.

Frequently Asked Questions

Q: Can I require employees to be in the office a certain number of days per week?

A: Yes, subject to contractual terms. If an employee's contract specifies an office location, you have the right to require attendance. However, if you have informally permitted remote working as a permanent arrangement, it may have become an implied contractual right. Any attempt to withdraw it should be managed through consultation and proper notice — not a sudden unilateral change.

Q: Does an employee who works from home count as being at a fixed workplace?

A: For many purposes — health and safety, homeworker expenses, data protection — the home workplace creates specific obligations. You should carry out a homeworker risk assessment, ensure data handling is secure, and clarify the expense position (some homeworking expenses can be claimed tax-free in the UK and elsewhere).

Q: Can a flexible working arrangement be changed or withdrawn?

A: Where a flexible working arrangement has been permanently agreed and incorporated into the contract, it can only be changed by agreement or following a contractual variation process with proper notice. You cannot unilaterally change terms that have been formally agreed.

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