Outsourced HR Support for UK SMEs
Fixed-fee retainers from £99/month. CIPD-qualified consultants, unlimited advice, no lock-in contracts. Like having your own HR department, without the overhead.
Flexible Working in 2026: What UK Employers Must Get Right
The Employment Relations (Flexible Working) Act 2023 changed the rules in two important ways. First, employees can now make a flexible working request from their first day of employment. There is no longer a 26-week service requirement. Second, employees can make two requests per 12-month period (up from one), and employers must respond within two months (down from three). Refusing a request still has to be on one of the eight statutory grounds, and now you must consult with the employee before refusing.
For SMEs without an HR function, this creates real risk. Get the procedure wrong and you face an employment tribunal claim worth up to eight weeks' pay, plus the cost of defending it and the damage to team morale if the employee stays. Get it right and you have a tool to attract and retain talent, manage workload patterns, and respond proportionately to genuine business needs.
We help Daventry and UK SMEs write flexible working policies that hold up under scrutiny, handle individual requests fairly and within the deadlines, and document the decision-making properly. Where a request needs to be refused, we make sure the reason maps to one of the eight statutory grounds and that the consultation has been done correctly. Where a request can be accepted in modified form, we draft the contract variation that makes the new arrangement legally enforceable.
What We Cover
Practical, expert support across every aspect of flexible working for your business.
Flexible Working Policy Drafting
We write you a clear, employee-facing flexible working policy that complies with the Employment Relations (Flexible Working) Act 2023, the ACAS Code of Practice on flexible working requests, and your operational reality. The policy covers what counts as flexible working, how to make a request, how decisions are made, the consultation process, and the right of appeal.
Handling Statutory Requests
When an employee submits a flexible working request, the clock starts. We guide you through the two-month decision window, the consultation requirement, the response letter, and the right of appeal. Where the request needs to be refused, we make sure the reason is one of the eight permitted statutory grounds and that the evidence supports the decision.
Hybrid and Remote Working Policies
Hybrid working sits adjacent to formal flexible working, but the same legal framework applies as soon as someone wants to vary their contracted hours, days, or location. We write hybrid working policies that distinguish between informal arrangements and contractual variations, and we help you decide which roles are suitable for full remote, hybrid, or office-based working.
Trial Periods and Contract Variations
Many flexible working requests can be accepted with a trial period, allowing you to test the arrangement before making it permanent. We help structure the trial properly, set clear review criteria, and draft the contract variation if it works. Where the trial does not work, we manage the return to original terms in a way that respects the procedure and protects the relationship.
Appeals and Tribunal Defence
If an employee appeals a refused request, we can chair the appeal hearing or sit alongside your appeal manager. If a refused request leads to a tribunal claim, we work with your employment law adviser to put together the defence. Most flexible working tribunal cases come down to whether the procedure was followed and whether the statutory grounds were genuinely engaged. We make sure you can demonstrate both.
Manager Training
Flexible working requests are usually received by line managers, and how they respond in the first 24 hours often determines the outcome. We train your managers to recognise statutory requests, avoid making informal commitments that bind the business, run the consultation properly, and document the conversation. This is the single biggest risk-reduction step most SMEs can take.
How We Help
A clear, structured approach from start to finish.
Policy Audit
We review your existing flexible working and hybrid working policies (or write new ones if you do not have any). We benchmark against the 2023 Act requirements, the ACAS Code, and best practice for your industry. You get a clear set of policies and a manager-facing summary.
Request Handling
When a statutory flexible working request lands, you call us. We brief you on the deadline, draft the consultation invitation, advise on the meeting, prepare the response letter, and document the decision. If the request needs to be refused, we make sure the statutory ground is genuinely engaged and properly evidenced.
Outcome and Variation
Where the request is accepted, we draft the contract variation. Where a trial period applies, we set the review framework. Where the request is refused, we handle the appeal if one is raised. Either way, we keep the decision-making documented in case it is later challenged.
Frequently Asked Questions
Is flexible working a day-one right?
Yes. Since 6 April 2024 (under the Employment Relations (Flexible Working) Act 2023), employees can make a flexible working request from day one of employment. The previous 26-week qualifying period has been removed entirely. This means even brand-new starters can request changes to their hours, days, location, or pattern of work, and you must follow the statutory procedure when they do.
How many flexible working requests can an employee make in a year?
Two. Since April 2024, employees have been entitled to make up to two statutory flexible working requests in any 12-month period (up from one). The 12 months runs from the date of the first request, not the calendar year. If you receive a third request within that period you are not legally required to consider it under the statutory procedure, but most employers will still respond as a matter of good practice.
How long do I have to respond to a flexible working request?
Two months from the date the employee submits the request, including any appeal. The previous deadline was three months. The two-month window covers the entire process: receiving the request, consulting with the employee, making the decision, sending the written outcome, and dealing with any appeal. You can extend the deadline only with the employee's agreement, which should be in writing. Missing the deadline is itself a breach and gives the employee grounds to bring a tribunal claim.
Do I have to consult with the employee before refusing a flexible working request?
Yes. Since April 2024, employers have been required to consult with the employee before refusing a flexible working request. The consultation should explore the request, discuss any modifications that might make it workable, and consider trial periods or alternative arrangements. Refusing without consulting first is itself a breach of the procedure, even if your underlying reason is a valid statutory ground. We always recommend documenting the consultation in writing so you can demonstrate it later if needed.
What are the eight grounds for refusing a flexible working request?
Under section 80G of the Employment Rights Act 1996, the eight permitted reasons are: (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; and (8) planned structural changes. You must base the refusal on one of these grounds, and the evidence must genuinely support it. Vague or generic refusals do not survive scrutiny.
Can I refuse a flexible working request because I do not want to set a precedent?
No. 'Setting a precedent' is not one of the eight statutory grounds, and tribunals reject this reasoning consistently. Each request must be considered on its own merits in relation to the business need at the time. If you are concerned about precedent, the right answer is usually a clear policy that explains how decisions are made (and that decisions are made case by case), not refusing requests that would otherwise be workable.
What is the difference between a statutory request and an informal request?
A statutory flexible working request is one made under section 80F of the Employment Rights Act 1996. It must be in writing, state that it is a statutory request, set out the change requested and the proposed start date, and explain what effect (if any) the employee thinks the change would have. An informal request is any other conversation about flexible working: a chat with a manager, a Slack message, an email asking 'is this possible?'. Informal requests do not trigger the statutory deadlines, but they should still be handled fairly and consistently. The difference matters because employees can convert an informal request into a statutory one at any time.
Can a flexible working arrangement include a trial period?
Yes, and trial periods are often the right answer when an employer is uncertain whether the arrangement will work. The trial should be agreed in writing, with a defined length (typically three to six months), clear review criteria, and a documented commitment from both parties to revert to the original terms if the trial is unsuccessful. If the trial works, the contract is varied permanently. If it does not, the original arrangement resumes. We help structure trials so they are genuinely useful rather than a soft refusal.
“Great HR advice and great support. Staff changes involving reducing your employee headcount can be distressing as well as being fraught with the risks of getting it wrong from a legal or procedural point of view. Thanks for your help with the initial who and the why and then the process and paperwork has been great. Also your support for the Directors has been invaluable. You are much more than just the technical stuff of HR!”
Related Services
Contracts of Employment
We draft the contract variations needed when a flexible working request is accepted, so the new arrangement is legally enforceable.
Contracts of Employment →Policies and Procedures
Flexible working sits within a broader policy framework. We write the supporting policies (hybrid working, working time, communication) that make the arrangement workable.
Policies and Procedures →Retained HR Support
Ongoing access to a dedicated CIPD-qualified consultant, including same-day advice when a flexible working request lands and you need to act on the deadline.
Retained HR Support →Need Help With a Flexible Working Request?
Whether you are writing your first flexible working policy, handling an active statutory request, or preparing for the day-one right under the 2023 Act, book a free no-obligation consultation. We can usually advise on a live request within 24 hours.
Book Your Free ConsultationOr call us directly on 01327 640070