Flexible Working as a Day-One Right: What Employers Must Know

Flexible working has become a central part of modern employment, but recent legal changes have shifted it from a benefit to a baseline expectation. With the introduction of the Employment Relations (Flexible Working) Act 2023 and updates effective from April 2024, employers must now adapt to a new framework that gives employees greater access to flexible working from the very start of their employment.

For SMEs, understanding these changes is essential. Getting it right supports compliance, reduces risk and can improve both performance and employee satisfaction. 

The Act builds on existing flexible working legislation, strengthening employees’ rights and placing clearer responsibilities on employers. Its aim is to make flexible working more accessible and to encourage open, constructive conversations between employers and employees about how work is structured.

Rather than being a significant administrative burden, the changes are designed to normalise flexible working as part of everyday business practice.

Key Changes Employers Must Understand

Previously, employees needed 26 weeks of continuous service before they could request flexible working. This requirement has now been removed. A ‘day-one right’ means that employees can submit a flexible working request from the first day of their employment.

This does not mean employers must automatically approve every request. However, it does mean that all requests must be handled fairly, reasonably, and in line with the updated process.

The updated legislation introduces several important changes that affect how requests are made and managed.

• Requests from day one mean new hires can immediately seek changes to their working pattern
• Two requests per year are now permitted, giving employees more flexibility to adapt their arrangements
• Shorter decision timeframe requires employers to respond more quickly than before
• Consultation is mandatory before rejecting a request, ensuring a more collaborative approach

These changes place greater emphasis on communication and consistency in decision-making.

The Eight Statutory Grounds for Refusal

Employers can still refuse flexible working requests, but only for one or more of the eight statutory reasons set out in legislation. These include:

• The burden of additional costs
• A detrimental effect on ability to meet customer demand
• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• A detrimental impact on quality
• A detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

It is important that any refusal is clearly justified and documented against one of these grounds.

Assessing Requests Fairly and Consistently

Consistency is key when handling flexible working requests. Employers should assess each request on its individual merits, while applying a clear and structured process.

This includes considering the role, team requirements and potential impact on operations. Decisions should be evidence-based and free from bias.

Having a documented process helps ensure fairness and reduces the risk of disputes or claims.

Managing Flexible Working Across Different Environments

Flexible working does not look the same in every business. Approaches will vary depending on the nature of the role and the working environment. In office-based or hybrid roles, flexibility may involve remote working, adjusted hours, or compressed working weeks.

For frontline or operational roles, options may be more limited, but flexibility can still be explored through shift patterns, job sharing, or adjusted schedules. The key is to balance operational requirements with reasonable flexibility wherever possible.

Updating Policies and Training Managers

To reflect the new legislation, businesses should review and update their flexible working policies. Policies should clearly outline how requests can be made, how they will be assessed, and the expected timelines for decisions.

Equally important is ensuring that managers are trained to handle requests appropriately. They need to understand both the legal requirements and how to have constructive conversations with employees.

Common Pitfalls and Risks

There are several risks associated with poor handling of flexible working requests.

• Inconsistent decisions can lead to perceptions of unfairness
• Failure to consult before rejecting a request may breach legal requirements
• Discrimination risks can arise if decisions disproportionately affect certain groups
• Lack of documentation makes it difficult to justify decisions if challenged

Avoiding these pitfalls requires a clear process and informed management.

The Business Benefits of Flexible Working

When implemented effectively, flexible working can offer significant advantages.It can improve employee retention, increase engagement and support productivity. It also widens the talent pool, making it easier to attract candidates who value flexibility.

Rather than being seen as a challenge, flexible working can become a strategic advantage when aligned with business needs.

A Practical Checklist for Handling Requests

To manage flexible working requests effectively, employers should follow a structured approach:

1. Acknowledge the request promptly, in writing
2. Review the request in the context of the role and business needs
3. Arrange a consultation meeting to discuss options
4. Consider alternatives where the original request is not feasible
5. Make a decision within the required timeframe
6. Clearly document the outcome and reasoning
7. Communicate the decision transparently

This approach helps ensure compliance while maintaining a positive employee experience.

Final Thoughts

Flexible working as a day-one right reflects a broader shift in how work is viewed and structured. For employers, the focus should not just be on compliance, but on creating a framework that works for both the business and its people.

With clear policies, consistent processes and informed decision-making, SMEs can navigate these changes with confidence.

The HR Dept supports businesses in managing evolving employment law while building practical, effective workplace policies. With the right guidance, flexible working can become a strength rather than a challenge.