Employers Navigate Rise in Flexible Work Requests

By Lauren Campbell 29/08/2026 2 min read 15 views

Employers are now required to handle requests for flexible arrangements under the Employment Rights Act 2025, which grants staff the right to ask from day one of employment.

New legal rights give employees immediate request ability

The legislation obliges managers to meet with the employee, assess the impact on operations, and issue a decision within two months. A request can be for a compressed week, part‑time schedule, job share or other variation of hours.

Only two requests may be submitted in any 12‑month period, and an individual can have just one active at a time. If a denial occurs after 2027, the employer must cite one of eight prescribed business reasons—such as extra cost burden or inability to meet customer demand—and explain why that reason is reasonable.

There is no statutory right to appeal, but good practice encourages a formal appeals route. Ignoring the statutory steps can expose a company to employment tribunal claims and possible penalties.

How employers should process and, if needed, refuse requests

First, draft a clear policy that outlines how applications will be reviewed and the grounds for possible refusal. The policy should tell staff where to submit forms and who will handle them.

Involve the applicant in the discussion; ask them to estimate how the change might affect workflow. This collaborative approach often uncovers compromises, such as swapping a three‑day week for a four‑day schedule.

Consider a trial period to gauge real‑world effects before committing to a permanent adjustment. A short‑term pilot can reveal hidden challenges without locking the business into a long‑term arrangement.

Job sharing is another option, letting two workers split the duties of a single role. When multiple applications compete, weigh which one carries the greatest risk of a tribunal or discrimination claim.

Managers need training to remember that the right to request kicks in from the first day of employment.

They must apply the process fairly and consistently across the board.

Some HR platforms now include modules for tracking and managing these applications; for example, a tool offered by BreatheHR can automate reminders and store documentation.

While the law sets clear steps, many small firms find the administrative load surprising, which can affect how quickly they respond.

Practical tips for staying compliant

Document every discussion and keep a record of the business impact analysis.
Use the eight‑reason list verbatim if you need to refuse, and add a brief explanation of why it applies.
Offer a trial to test the arrangement before finalizing.
Consider compressed hours—for instance, fitting 37 hours into four days.
Provide an appeals path even though it isn’t mandatory.

Employers who follow these steps can reduce the likelihood of disputes and demonstrate a commitment to work‑life balance, an increasingly important factor for talent retention.