How to Handle a Flexible Working Request | Employer Guide
A step-by-step employer guide to handling flexible working requests lawfully. Covers the day-one right, the 2-month statutory deadline, the 8 grounds for refusal, indirect discrimination risk, and what changes under ERA 2025.
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Bolton, Manchester, North WestFlexible working is a day-one employment right. Every employer must consider requests genuinely, consult with the employee before refusing, respond within two months, and only refuse on one of eight statutory business grounds. Under ERA 2025, dismissing an employee for pursuing a flexible working request may constitute automatic unfair dismissal. North West employers need a clear process for handling flexible working requests that protects the business and demonstrates genuine consideration.
Flexible Working Requests: What Employers Need to Know
Every employer in England, Scotland and Wales must understand how to handle a flexible working request. Since the Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024, every employee has a day-one right to request flexible working. The old requirement of 26 weeks' continuous service has been abolished entirely. Employees can now make two statutory requests in any twelve-month period, and the employer must respond to each request within two months of receiving it, including any appeal.
The ERA 2025 (Employment Rights Act 2025) has further strengthened protections for employees who make flexible working requests. Under the ERA 2025 framework, refusing a flexible working request without genuine business grounds may constitute automatic unfair dismissal. This is a significant shift: employers can no longer treat flexible working as a discretionary perk. It is a statutory right, and the employer who dismisses or subjects an employee to detriment for exercising it faces serious legal exposure.
Critically, the employer must genuinely consider every request. This means more than a box-ticking exercise. Before refusing, the employer is now required to consult with the employee to explore whether the request, or a modified version of it, could work. A blanket refusal without consultation is procedurally defective and will not stand up at tribunal. The CIPD recommends that employers approach every request with a presumption of acceptance, only refusing where a genuine, evidenced business reason exists. CIPD guidance also emphasises the importance of training line managers, who are typically the first point of contact when a request is made.
For employers across the North West, where sectors like manufacturing, logistics and hospitality often rely on fixed shift patterns, flexible working requests can feel particularly challenging. But the law applies equally regardless of industry. North West employers who assume flexible working is only relevant to office-based roles are making a costly mistake. A warehouse operative, a care worker, or a production line supervisor all have the same statutory right to request, and the employer must follow the same process.
Common Flexible Working Arrangements
The 8 Statutory Grounds for Refusal
- Burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality
- Detrimental impact on performance
- Insufficiency of work during proposed periods
- Planned structural changes
Why This Matters Now
The employer can only refuse a flexible working request on one or more of the eight statutory grounds listed. Importantly, the employer must be able to demonstrate that the ground genuinely applies to the specific request. A vague reference to "business needs" without evidence is insufficient.
If your flexible working policy has not been updated since 2024, it almost certainly does not reflect the current law. DaisyHR can review and update your policy to ensure compliance.
How to Handle a Flexible Working Request: Step by Step
Seven steps every employer must follow. Getting the process right protects the employer against tribunal claims and demonstrates compliance with the statutory framework. The ERA 2025 has raised the bar: employers who cut corners face automatic unfair dismissal liability.
1. Receive the Request
A flexible working request must be made in writing, but it does not need to follow a prescribed format. An email, a letter, or even a message through your HR system is sufficient, provided it states that it is a statutory request, describes the change sought, the proposed start date, and what effect the employee thinks it will have on the employer. The employer should log the date of receipt immediately, because the two-month response window starts from that date. If the request is unclear, ask the employee to clarify rather than rejecting it on a technicality.
2. Acknowledge the Request
Acknowledge receipt in writing within five working days. While there is no statutory timescale for acknowledgement, best practice is to confirm promptly that you have received the request, explain the next steps, and give the employee an indicative timeline. This sets a professional tone and demonstrates to any future tribunal that the employer took the request seriously from the outset.
3. Consider the Request Genuinely
The employer must give the request genuine, objective consideration. This means reviewing the actual business impact: what would change operationally if the request were granted? Could the work be reorganised? Could technology bridge any gaps? The employer should gather evidence, speak to the relevant line manager, and assess the request on its specific merits rather than relying on assumptions. A tribunal will scrutinise whether the employer engaged with the substance of the request or dismissed it reflexively.
4. Hold a Meeting with the Employee
This step is now mandatory. The employer must consult with the employee before making a decision. The meeting should explore the request in detail: what the employee needs, whether a modified arrangement could work, whether a trial period is feasible. The employee has the right to be accompanied by a colleague or trade union representative. The ERA 2025 strengthens this duty to consult, and an employer who refuses without holding a meeting is almost certainly acting unlawfully. Document the discussion and the points raised by both sides.
5. Make Your Decision Within Two Months
The employer must notify the employee of the decision, including the outcome of any appeal, within two months of receiving the request. This is a hard statutory deadline. If the employer needs more time, they can agree an extension with the employee in writing, but the extension must be genuinely agreed and not imposed. Exceeding the two-month window without agreement means the request is treated as accepted by default, a trap that catches many North West employers, particularly during busy periods when HR processes slip.
6. If Refusing, State the Statutory Ground
A refusal must specify which of the eight statutory grounds the employer is relying on and explain why that ground applies to this particular request. A generic letter saying "your request has been declined due to business reasons" is inadequate and will not survive tribunal scrutiny. The employer should provide a clear, evidence-based explanation. For example: "We are unable to reorganise the existing team to cover your proposed hours because the role requires real-time client contact between 9am and 5pm, and no other team member has the necessary qualifications to cover that window."
7. Offer a Right of Appeal
The employer should offer the employee the right to appeal the decision. While there is no statutory requirement for an appeal in the flexible working legislation itself, it is strongly recommended by Acas and is considered best practice. The appeal should be heard by a different, more senior manager where possible. A genuine appeal process demonstrates fairness and may resolve the issue internally before it reaches a tribunal. Document the appeal outcome and communicate it within the overall two-month window.
Common Mistakes Employers Make with Flexible Working
Every one of these mistakes is avoidable, and every one of them appears regularly in tribunal decisions. An employer who gets the process right has very little to fear from a flexible working claim. An employer who cuts corners risks compensation, reputational damage, and a discrimination finding.
Refusing without holding a meeting
Since the 2024 reforms, the employer must consult with the employee before refusing a flexible working request. This means holding a face-to-face or virtual meeting to discuss the request, explore alternatives, and give the employee a genuine opportunity to explain their needs. An employer who sends a refusal letter without any meeting has failed to comply with the statutory procedure. A tribunal will treat this as a procedural failure, and the employee may be awarded compensation even where the employer had legitimate business grounds for refusal.
Using a blanket "no flexible working" policy
Some employers, particularly in manufacturing and shift-based sectors across the North West, operate a blanket policy that flexible working is not available. This is unlawful. Every employee has a statutory right to request flexible working, and every employer must consider each request on its individual merits. A blanket policy is evidence that the employer has not engaged with the statutory process. It will not protect the employer at tribunal and may also give rise to indirect discrimination claims.
Not giving a valid statutory ground for refusal
There are only eight grounds on which an employer can lawfully refuse a flexible working request. If the employer refuses without stating which ground applies, or gives a reason that does not match any of the eight statutory grounds, the refusal is procedurally defective. Employers sometimes refuse with vague language like "it would not work for the team" or "we need everyone in the office." These are not statutory grounds. The refusal letter must identify the specific ground and explain, with evidence, why it applies.
Taking longer than two months to respond
The statutory deadline is two months from the date the employer receives the request, including any appeal. If the employer fails to respond within this window without an agreed extension, the request is treated as accepted. This catches employers who allow the request to sit in a manager's inbox, or who are slow to schedule the consultation meeting. North West employers dealing with seasonal peaks or staff absences are particularly vulnerable to this trap. Put a diary system in place the day you receive a request.
Treating the request as a nuisance
Some employers view flexible working requests as an inconvenience rather than a legal right. This attitude tends to surface in the tone of communications, the speed of response, or dismissive comments in meetings. A tribunal will look at the totality of the employer's conduct. If the employee can show that the employer was hostile or dismissive from the outset, it undermines the credibility of any subsequent refusal. The employer should approach every request neutrally and professionally, regardless of any personal views about flexible working.
Not considering a trial period
Before refusing a request outright, the employer should consider whether a trial period would be appropriate. A three-month trial allows the employer to assess the practical impact of the arrangement with real evidence, rather than relying on assumptions about what might go wrong. If the employer refuses without considering a trial, a tribunal may conclude that the refusal was not genuine. This is especially relevant in the North West service sector, where employers often assume customer-facing roles cannot accommodate flexibility without testing it first.
Discriminating indirectly through refusal
Flexible working refusals disproportionately affect women, who still bear the majority of childcare responsibilities, and disabled employees, who may need flexible arrangements as a reasonable adjustment under the Equality Act 2010. An employer who refuses flexible working across the board, or who applies stricter scrutiny to certain groups, risks an indirect discrimination claim on top of the flexible working claim itself. The tribunal can award uncapped compensation for discrimination, which makes this the most financially dangerous mistake on this list. Employers must assess each request without bias and document their reasoning carefully.
When Can You Refuse a Flexible Working Request?
An employer can refuse a flexible working request, but only on one or more of eight statutory grounds set out in the Employment Rights Act 1996 (as amended). The ERA 2025 has tightened the requirements further: the employer must now demonstrate that the ground relied upon genuinely applies, and that they consulted with the employee before reaching their decision. A refusal that cannot be evidenced is a refusal that will not survive a tribunal challenge.
For each ground, the employer should ask: can I point to specific, concrete evidence that this request would cause the problem I am relying on? If the answer is no, the refusal is vulnerable. Below is each ground with what "genuine business ground" means in practice and an example of a defensible refusal.
Burden of additional costs
The employer must show that granting the request would create a genuine, measurable financial burden. This could include the cost of hiring additional staff, purchasing equipment, or restructuring operations. A vague assertion that "it would cost more" is not enough. The employer needs to quantify the cost and explain why it is disproportionate.
Example: Granting compressed hours would require hiring a part-time employee to cover Fridays at a cost the department cannot absorb within its current budget.
Detrimental effect on ability to meet customer demand
The employer must demonstrate a direct link between the proposed arrangement and a reduction in the ability to serve customers. This requires evidence of when customers need service and why the current arrangement is necessary to deliver it.
Example: The employee handles live customer queries between 2pm and 5pm, and no other team member has the product knowledge to cover that window.
Inability to reorganise work among existing staff
The employer must show that they have considered redistributing the work and concluded it is not feasible. This means looking at the team structure, existing workloads, and skills. A refusal on this ground without having explored redistribution will not be credible.
Example: The team of three already operates at full capacity, and the specialist tasks performed by this employee cannot be delegated without retraining that would take six months.
Inability to recruit additional staff
The employer must demonstrate that they have considered recruitment and it is not viable. This might be due to a skills shortage, budget constraints, or the nature of the role. In the North West, where certain technical and healthcare roles face acute recruitment challenges, this ground may be easier to evidence.
Example: The role requires a qualified HGV technician and the employer has been unable to fill a vacancy for the same role for over four months despite active recruitment.
Detrimental impact on quality
The employer must show, with evidence, that the proposed arrangement would reduce the quality of work or service. This is not about a theoretical risk but a demonstrable impact based on the nature of the work.
Example: The quality assurance process requires the inspector to be present during the full production run, and splitting the shift would mean critical stages go unchecked.
Detrimental impact on performance
Similar to quality, but focused on output and efficiency. The employer must show that the arrangement would result in less work being completed or completed more slowly, with a genuine impact on the business.
Example: Reducing the employee's hours from five to three days would create a two-day gap in processing payroll for 400 North West-based staff, causing late payments.
Insufficiency of work during proposed periods
This applies where the employee proposes to work at times when there is not enough work available. It is most commonly relevant to requests for annualised hours or term-time working in roles where demand is consistent year-round.
Example: The employee requests term-time only working, but the role involves processing monthly accounts that require consistent attendance throughout the year.
Planned structural changes
The employer can refuse if they are planning changes to the business that would make the requested arrangement unworkable. The changes must be genuine and planned, not speculative. An employer cannot invent future restructuring to justify a refusal.
Example: The department is merging with another team in three months, and the new structure has already been confirmed with different shift patterns.
Evidenced business impact with specific data
Consultation meeting held and alternatives explored
Trial period considered and reasons documented if declined
Statutory ground clearly stated in the refusal letter
Decision made within the two-month statutory window
Vague references to "business needs" without specifics
No meeting held before refusing the request
Blanket policy applied without individual assessment
Refusal letter does not cite a statutory ground
Decision delayed beyond two months without agreed extension
Indirect discrimination warning: Under the Equality Act 2010, a flexible working refusal that disproportionately disadvantages women, disabled employees, or workers of a particular age may constitute indirect discrimination on grounds of sex, disability, or age. The employer must be able to show that the refusal is a proportionate means of achieving a legitimate aim. Tribunal compensation for discrimination is uncapped, making this a significant financial risk for any employer.
North West employers navigating complex flexible working requests should seek professional HR support. DaisyHR provides hands-on guidance to employers across the North West, from policy drafting to tribunal-ready documentation.
ERA 2025: What Changes for Flexible Working Requests
Flexible working is a day-one right since April 2024. Employees can make two requests per year. Every employer must have a process for handling flexible working requests from the first day of employment.
Automatic unfair dismissal for refusing flexible working without genuine business grounds. Employers who dismiss employees for pursuing their right to request flexible working face automatic unfair dismissal claims with no qualifying period.
Unfair dismissal protection after 6 months. Combined with the strengthened flexible working protections, every refusal carries increased tribunal risk for the employer.
Tribunal claim window doubles from 3 to 6 months. Employers must retain records of all flexible working requests and decisions for at least six months.
DaisyHR keeps North West employers ahead of every change.
Read our full ERA 2025 guide for North West employersFrequently Asked Questions
Yes, but only on one or more of eight statutory business grounds. The employer must consult with the employee before refusing, and the reason must be genuine and supported by evidence. A blanket refusal without genuine consideration is likely to fail at tribunal.
The employer must make a decision, including any appeal, within 2 months of receiving the request unless a longer period is agreed with the employee. Missing the deadline is a common employer mistake.
Yes. Since April 2024, employees can make a flexible working request from their first day of employment. The previous 26-week qualifying period was removed. Every employer must have a process for handling requests from day one.
Yes. Employees can now make two flexible working requests in any 12-month period. Each request must be considered genuinely by the employer on its own merits.
Burden of additional costs, inability to meet customer demand, inability to reorganise work among existing staff, inability to recruit additional staff, detrimental impact on quality, detrimental impact on performance, insufficiency of work during proposed periods, and planned structural changes. The employer must state which ground applies.
Yes, and this is considered good practice by CIPD and tribunals. A trial period demonstrates that the employer has genuinely considered the flexible working request and reduces the risk of a successful tribunal claim if the employer later refuses.
An employee can bring a claim if the employer fails to follow the correct procedure, relies on grounds not in the statutory list, or refuses for a discriminatory reason. Under ERA 2025, refusal without genuine business grounds may constitute automatic unfair dismissal.
Yes. Flexible working refusals disproportionately affect women (childcare responsibilities), disabled employees (reasonable adjustments), and older workers. If the employer’s refusal has a disparate impact on a protected group, the employer must justify it objectively as a proportionate means of achieving a legitimate aim.
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HR advice for employers across Bolton, Manchester and the wider North West. · Last reviewed: March 2026