Do Employees Have a Right to Flexible Working in the UK?

Flexible working has gone from being a workplace perk to more of an expectation. But does that expectation mean employees in the UK have a legal right to it?

The short answer is: No, employees do not have an automatic right to flexible working but they do have a legal right to request flexible working and the employer has a duty to look at the request in a sensible way.

The Legal Position

The law has recently shifted significantly in favor of employees. As of April 2024, the "right to request" flexible working became a Day One right. This means you no longer have to wait 26 weeks to ask for a change; you can make a formal request from your very first day on the job.

What Does "Flexible Working" Actually Mean?

Flexible working isn’t just about remote work. It covers all sorts of arrangements, like:

● Hours: Part-time or compressed hours (doing 40 hours in 4 days), or annualised hours.

● Flexible hours: Staggered start and finish times

● Location: Working from home or a hybrid setup.

● Job sharing: Splitting a single job role with another person.

The Legal Landscape

The Employment Relations (Flexible Working) Act 2023 introduced several "employee-friendly" tweaks:

● An employee can make up to two formal requests in any 12-month period.

● An employee is no longer legally required to explain how your request might affect the business.

● Employers must respond within two months (including any appeal) and deal with the request in a "reasonable manner".

● An employer cannot simply say "no", they must consult before they refuse a request and offer the right to appeal

Valid reasons to refuse

An employer can only refuse a formal flexible working request based on one or more of eight statutory grounds for refusal:

1. Extra costs that damage the business.

2. Inability to reorganise work among other staff.

3. Inability to recruit additional staff.

4. Detrimental impact on quality.

5. Detrimental impact on performance.

6. Detriment to meeting customer demand.

7. Lack of work during the proposed periods.

8. Planned structural changes to the business.

What’s Changing in 2026 and 2027?

The Employment Rights Act 2025 is set to make flexible working a "genuine default" starting in 2027.

Under these upcoming rules:

● The Reasonableness Test: Employers will only be able to refuse if it is "reasonable" to do so.

● Written Explanations: Employers will have to explain in writing not just which of the eight grounds they are using, but why their refusal is reasonable.

Why Flexible Working Matters More Than Ever

The rise in demand for flexible working across the UK has been driven by several factors:

➔ The COVID-19 pandemic, which proved many roles could be done remotely

➔ Advances in technology, making collaboration easier from anywhere

➔ Shifting work-life priorities, especially among younger workers

For many UK employees, flexibility is no longer about convenience—it’s about sustainability. It can reduce commuting costs, support mental health, and make it easier to balance responsibilities like childcare or eldercare.

Benefits for Employers

Businesses are increasingly recognising that flexible working can be a competitive advantage.

When implemented effectively, it can:

★ Improve employee retention and reduce turnover

★ Increase productivity and engagement

★ Help attract a wider and more diverse talent pool

In a competitive job market, offering flexibility can be the difference between hiring top talent and losing them to another employer.

The Challenges

Despite the benefits, flexible working isn’t without complications, especially in the UK’s diverse economy.

Some sectors, such as healthcare, retail, and hospitality, have limited flexibility due to the need for physical presence. Even in office-based roles, employers may face challenges such as:

❖ Coordinating hybrid teams

❖ Maintaining communication and collaboration

❖ Ensuring fairness between roles that can and cannot be flexible

This creates a tension between what is desirable and what is practical.

Final Thoughts

While there is no blanket "right to flexible working," employees are strongly protected by the right to request it. The recent legislative changes demonstrate a clear move towards embedding flexible working as a standard part of the UK employment framework.

The growing demand for flexibility is reshaping the employment landscape. Employers who embrace it thoughtfully are likely to benefit, while those who resist may struggle to attract and retain talent.

Ultimately, flexible working in the UK is less about strict legal rights and more about evolving workplace norms. And those norms are changing fast.

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If you’re unsure how the rules apply to your business, don’t guess. Get in touch—we’re here to help you navigate the details and handle it smoothly, without the hassle. https://www.lilachr.co.uk/contact