The UK Employment Rights Bill[1] (Bill) is expected to mark a significant shift in the UK’s flexible working framework once it becomes law. Currently, employers are only required to deal with flexible working requests in a reasonable manner. As per the Bill, presently at the Report Stage in the House of Lords, employers would be obliged not only to mention the statutory ground for refusing a request but also to provide a written explanation of why that refusal is considered reasonable.

Employment Tribunals would, in turn, gain the power to assess whether a refusal meets this standard of reasonableness, introducing a new layer of legal oversight. The reform is designed to ensure that flexible working requests are genuinely considered, broadening employee access to flexible working arrangements. In doing so, it strengthens the enforceability of the right to request flexible working, transforming it from a procedural formality into a meaningful workplace entitlement that must be addressed transparently.

A Brief History of Flexible Working Legal Rights in the UK

In 2002, flexible working rights in the UK [2] was narrow in scope and limited to employees who were parents of young or disabled children and only one request could be made in any 12-month period. In 2014, the Children and Families Act 2014[3] amended Part 8A of the Employment Rights Act 1996 to extend the statutory right to request flexible working. Then onwards, any employee with at least 26 weeks of continuous service was entitled to apply.

In April 2024, the UK updated its flexible-working framework as two legislations took effect. Employment Relations (Flexible Working) Act 2023[4] amended Part 8A of the Employment Rights Act 1996 to permit two requests in a 12-month period and strengthening the procedural requirements on both application and employer decision-making. Flexible Working (Amendment) Regulations 2023[5] also removed the 26-week qualifying period, allowing day-one requests.

Finland was among the first countries to offer flexible working rights to employees. The Working Hours Act in 1996[6] allowed employees to start or finish their work 3 hours earlier or later than their core working hours. Portugal shortly after the pandemic, legislated for remote work and is now widely seen as a leader on flexible working. Its framework combines telework rights with a statutory right to disconnect[7]. Belgium embraced a compressed working week both in the private sector and for federal officials, allowing full-time hours to be worked over four days. Employees can request a four-day working week or an alternating two-week schedule[8].

What Flexible Working Means in the Context of UK Employment Law

In the UK, flexible working essentially means an employee’s right to request the employer to change how many hours they work, when they work or where they work (such as at the office or from home). The UK Flexible working overview further explains the different types of working flexibly such as job sharing[9], remote working and working from home, working from anywhere other than the employee’s usual workplace[10], hybrid working[11], part-time[12], compressed hours[13], flexitime[14], annualised hours[15], staggered hours[16] and phased retirement[17].

Additionally, the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice provides best practices on flexible working requests and dealing with them.

Key Obligations of UK Employers for Flexible Working

Employers have the following obligations with respect to flexible working:

1. Handle every request for flexible work reasonably by assessing the advantages and disadvantages of the application. The new regulations for flexible working compliance in the UK make this a crucial step for avoiding legal challenges.
2. Hold a meeting with the employee to discuss an application before any refusal.
3. Make the decision and communicate it to the employee within two months of receipt of the request.
4. Offer a process of appeal to the employee.
5. If you refuse the application, the refusal must be for one or more statutory business reasons and must be explained in writing.
6. If you agree to the application, you should change the contract of employment to include the new terms and conditions.
7. Do not subject an employee to detriment or dismissal for making (or intending to make) a request for flexible working.
8. Ensure remote employees healthy and safe environment to work in.

If the employer fails to comply with these obligations, the employee may present a complaint to an employment tribunal. The tribunal may make an order for reconsideration of the application for flexible working and award compensation of such amount it considers just and equitable, not exceeding eight weeks’ pay.

Flexible Working: Is it a Right to Request or an Absolute Right for UK Employees?

In the UK, the law does not guarantee the right to flexible work to the employee. This distinction is critical for understanding UK flexible working law for employers. It offers a right to request and be fairly considered. Employers may exercise lawful business reasons for refusal /may choose not to grant flexible work and provide the written decision relying on one or more of the following reasons as per Employment Rights Act:

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

Tip: The Code of Practice encourages exploring alternatives and trial periods before rejecting the application outright. This is helpful when employers have partial concerns but want to test feasibility.

Flexible Working Rights in select countries 

Country	Legislation	Key Provisions
Germany	Part-time and Fixed-Term Employment Act, 2000 (Teilzeit-und Befristungsgesetz – TzBfG)[18]	Employees with more than 6 months’ service in firms having more than 15 employees can request for part-time or reduced hours of work.
France	Article L3121-59 of the French Labour Code, 2008[19]	Employees have the right to request work from home. If the employer refuses, it must be justified. Employees also have the legal right to disconnect outside working hours.
Australia	Fair Work Act 2009[20]	Eligible employees with caring duties, disability, or special circumstances can request flexible working. Employers decide in 21 days and must give valid reasons if refusing.
Netherlands	Flexible Working Act 2016[21]	Employees with more than 6 months of service in companies having more than 10 employees can request changes in working hours, times or location.

 

Compliance Takeaways: Best Practices for UK Flexible Working Compliance

1. Have a Flexible Working Policy and review it regularly. Align the policy with the ACAS Code or use the template they provide.
2. Train managers to ensure there is no detriment towards employees requesting flexible working. Reducing shifts, sidelining, or poor appraisals after a request can be unlawful detriment.
3. Ensure data protection of records since flexible-working files will contain personal data (and sometimes special category data, e.g., health). Limit what you collect and restrict access.
4. Ensure health, safety and welfare of employees working remotely in regard to their mental and physical health by carrying out a suitable and sufficient risk assessment of employees’ working environment.
5. Adhere to the Health and Safety (Display Screen Equipment) Regulations for employees using screens (laptops, monitors) daily for continuous periods of an hour or more. Ensure proper workstation setup for employees working from home.
6. Document every decision clearly and maintain records of meetings, assessments and the rationale behind a decision on flexible working arrangements as Employment tribunals can now scrutinise whether a refusal was reasonable.
7. Have processes in place to evaluate cross- border remote work requests carefully for tax, data protection and regulatory risks

Flexible working is a statutory right and a critical part of modern employment practice in the UK. By embedding fair and transparent processes, employers benefit from a stronger workforce through higher retention, productivity and reputation. You must ensure that you are creating a safe, supportive and equitable environment where employees can thrive, whether in the office or remotely.

Recently, the UK Government has unveiled the roadmap[22] to implement the Employment Rights Bill confirming that they will consult on flexible working rights over winter/early 2026 and aim to bring new flexible-working measures into force in 2027.

How a Legal-Tech partner can simplify your compliance management processes:

Managing regulations is complex and are often a full-time job. Ensuring every changes in regulations are tracked, translated into compliance tasks in common language, and ensuring all compliance tasks are handled correctly and all documentation is in order requires a robust, centralized compliance management system. This is where a compliance management software like Komrisk can provide significant value. By automating compliance workflows, providing automated regulatory updates, and maintaining a secure, centralized repository for all records, Komrisk empowers employers to stay compliant effortlessly. Our platform turns a complex legal obligation into a streamlined business process, allowing your legal and HR teams to focus on strategic work instead of manual checks.

 

Written by: Snigdha Sanganeria

Co Authored by: Antara Dasgupta

[1] Employment Rights Bill

[2] Employment Act 2002

[3] Children and Families Act 2014

[4] Employment Relations (Flexible Working) Act 2023

[5] Flexible Working (Amendment) Regulations 2023

[6] Working Hours Act (605/1996)

[7] Labour Code Law no. 7/2009

[8] Directive (EU) 2019/1158

[9] Two people do one job and split the hours

[10] A combination of working remotely and working in the employee’s usual workplace.

[11] A combination of working remotely and working in the employee’s usual workplace.

[12] Working less than full-time hours (usually by working fewer days).

^[13] Working full-time hours but over fewer days for example a 9-day fortnight (an employee has a day off every other week and works longer hours on the other days).

^[14] The employee chooses when to start and end work (within agreed limits) but works certain ‘core hours’, for example 10am to 4pm every day.

[15] The employee has to work a certain number of hours over the year but they have some flexibility about when they work. There are sometimes ‘core hours’ which the employee regularly works each week, and they work the rest of their hours flexibly or when there’s extra demand at work.

[16] The employee has different start, finish and break times from other workers.

[17] Default retirement age has been phased out and older workers can choose when they want to retire. This means they can reduce their hours and work part time.

[18] Teilzeit- und Befristungsgesetz – TzBfG

[19] Article L3121-59

[20] Fair Work Act 2009

[21] Flexible Working Act 2016 (Wet flexibel werken)

[22] Roadmap to Implementing the Employment Rights Bill

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