Flexible working refers to any arrangement that allows employees to adjust their work patterns to better suit their circumstances. This concept goes beyond remote work – it’s about creating sustainable arrangements that balance employees’ wellbeing with organisational performance.

Common types of flexible working include:

• Hybrid working – dividing time between the office and home.

• Part-time working – reducing standard full-time hours.

• Job sharing – splitting one role across two people.

• Compressed hours – working full-time hours in fewer days.

• Flexi-time – working outside fixed core hours.

• Phased retirement – gradually reducing hours as employees approach retirement.

These models demonstrate the range of approaches available, which employers can tailor based on requirements and business priorities.

The UK’s Employment Rights Act 1996 gave employees the statutory right to request flexible working. Historically, access was limited. The Employment Relations (Flexible Working) Act 2023 represents the most significant expansion of these rights to date. From 6th April 2024, Employers had new responsibilities to handle requests fairly and transparently.

Key updates under the Employment Relations (Flexible Working) Act:

• Day one eligibility: Employees can now make a statutory request for flexible working from the first day of employment. Previously, they needed 26 weeks’ continuous service.

• Two requests per year: Employees can make up to two statutory requests in a 12-month period. This was limited to one beforehand.

• Shorter decision timeframe: Employers must respond to requests within two months (down from three), unless an extension is agreed.

• Mandatory consultation: Employers must consult with employees before rejecting a request.

• No impact explanation required: Employees no longer have to explain how their request might affect their employer.

These changes to the laws that govern flexible working are designed to encourage dialogue, fairness and consistency, and shift it from a perceived privilege to a standard employment right.

Every employee in the UK has the right to make a flexible working request from day one of employment. This right covers workers across different life stages and personal circumstances, making it one of the most universal employment protections.

Employees who typically benefit include:

• Parents balancing childcare

• Carers supporting dependents

• Employees returning from maternity, adoption, or paternity leave

• Older workers seeking phased retirement

• Employees managing study or health-related needs.

Beyond statutory requests, many organisations may encourage informal flexible working arrangements or trial periods as part of their culture. Offering flexibility more broadly can strengthen employer branding and attract a wider pool of talent.

A clear, accessible policy is critical for both compliance and culture. It ensures fairness, prevents disputes, and helps employees understand how flexible working requests are handled. Without a formal framework, organisations risk inconsistency, legal challenges, and declining trust.

An effective policy supports:

• Legal compliance – Aligns with statutory requirements and tribunal expectations

• Transparency – Sets out how employees can request changes

• Engagement – Builds trust by showing employees their needs are taken seriously

• Employer branding – Positions your organisation as modern and employee-focused

The Workforce Pulse Report found that less than half (45%) of employees were consulted before hybrid policies were introduced. This underlines the importance of involving employees in shaping policy.

Designing a flexible working policy means balancing legal obligations with operational practicality. Each organisation will need to adapt based on size, sector, and workforce needs. But there are best practices that can guide the process.

Before drafting policy, gather input from employees through surveys or focus groups. This helps to identify demand for arrangements such as hybrid working, compressed hours, or flexi-time. Workforce Pulse Report data shows that organisations that fail to consult often see lower employee engagement and trust levels.

Your policy should clearly outline who can request flexibility and what arrangements are available. This avoids confusion and ensures consistency across teams:

• All employees are eligible from day one

• Arrangements offered may include hybrid, compressed hours, job sharing, or part-time

• Informal or trial periods may be agreed at a manager’s discretion

Employees need clarity on how to make flexible working requests. Explain whether applications should be in writing, through HR software, or via a standard form, and confirm timelines for responses.

Your process should include:

• How requests are submitted

• What information is required, like pattern, start date, and rationale

• The two-month decision timeframe

• An appeals process to demonstrate fairness and transparency

Employees must be consulted before a request is refused. This should be documented in policy, with details on how meetings will be scheduled, what will be discussed, and how decisions will be communicated.

Line managers play a central role in evaluating and supporting flexible workers. Without proper training, they may handle requests inconsistently or manage hybrid teams ineffectively.

Training should cover:

• Evaluating requests against business needs

• Managing hybrid and remote performance

• Avoiding unconscious bias against non-office staff 

Workforce Pulse data shows that 36% of leaders do not prioritise managing remote or hybrid teams – a gap that could undermine your policy’s success.

Documenting requests, meetings, and decisions is essential for compliance and dispute resolution. Records also help to identify trends, like which arrangements are most requested, supporting future workforce planning. 

Even well-intentioned employers can fall short if processes are inconsistent or poorly communicated. Common pitfalls stem from a lack of awareness or uneven policy application.

Issues to watch for include:

• Managers refusing requests without valid business reasons

• Departments applying rules differently

• Requests are handled informally without written records

• No clear appeals process for employees

• Flexibility bias – favouring office-based staff for promotions or opportunities

Compliance is only part of the story. Flexible working is increasingly a differentiator in employee experience and organisational performance. The Workforce Pulse data makes the business case clear. 

• 51% of employees plan to job hunt this year – but flexible working policies significantly reduce turnover.

• Organisations with advanced HR practices, including flexible policies, report 2.5x higher performance.

• Employees consulted in policy decisions show 31% higher trust in leadership.

This highlights that flexible working is not just a requirement by law, but a strategic driver for engagement and loyalty.

As the flexible working landscape continues to evolve, forward-thinking HR leaders should prepare for new trends. Anticipating these shifts can help policies remain relevant and attractive.

Hybrid is the default – 57% of employees now work hybrid, compared to 6% who are fully remote and 37% office-based. Policies should be built to be hybrid by design.

Trust matters most – Employees who feel trusted to work remotely are 2.5x more motivated, less likely to job-hunt, and show much higher trust in leadership.

Gen Z expect flexibility – 32% rank it as a top job-hunting priority, while 37% would quit if forced into the office more than three days per week.

Hybrid leadership gap – Only 24% of HR leaders see hybrid team management as a challenge, revealing a lack of readiness for new ways of working.

Broken promises erode trust – Just 53% of employees believe employers kept hybrid commitments, and only 45% were consulted on policies.

1. Know the law on flexible working – Ensure your policy reflects the latest Employment Relations (Flexible Working) Act changes.

2. Consult with employees – It’s a legal requirement and an easy way to build trust with your people.

3. Document everything – From requests to decisions, maintain clear and accessible records.

4. Train your managers – Equip them with the knowledge and tools to be able to manage flexible teams effectively.

5. Leverage data – Use workforce surveys to measure impact and adapt policy.

Flexible working in the UK has matured into a fundamental employment right. For employers, this means compliance with laws and legislation is non-negotiable – but the real opportunity lies in using flexibility as a driver of culture, retention, and performance.

By combining legal obligations with meaningful consultation and effective management, organisations can turn flexible working into a competitive advantage, meeting the evolving expectations of today’s workforce.