Flex Appeal: Current trends in flexible working requests

It is now 18 months since the Employment Relations (Flexible Working) Act 2023 came into force, designed to improve employees’ access to flexible working. So, what have we learned about the types of requests employees are making, and how are employers responding in a post-pandemic world where flexibility is increasingly part of the workplace fabric?

The Legal Framework

From April 2024, the rules on flexible working changed:

• Employees can now make a request from day one of employment (previously after 26 weeks).
• Employees no longer need to set out the impact of their request or how it might be managed.
• Employees can make two requests every 12 months (up from one).
• Employers must consult with employees before refusing a request.
• Decisions must be made within two months (reduced from three).

These reforms aimed to speed up processes and broaden access, though critics argue they stopped short of giving employees a true “right” to flexible working, maintaining only a right to request.

Current trends

Hybrid working

The most common request remains hybrid working. Many employers have already embedded hybrid policies, often allowing employees to work from home a set number of days a week without a formal request. But some remain cautious, citing concerns around productivity, collaboration, and culture.

The four-day week

Much discussed in the media, the four-day week has attracted attention following pilot schemes where 90% of participants continued the model. Despite the headlines, real adoption in the UK is still rare. For many businesses, the model is not yet commercially viable.

Working from abroad

A growing trend is employees asking to work remotely from overseas. While attractive to employees, these arrangements can raise complex issues: tax liabilities, immigration and visa restrictions, local employment law, and data protection risks. Employers considering such requests should carry out a thorough risk assessment before agreeing.

Flexibility for carers

Requests linked to caring responsibilities are on the rise. With childcare costs, an ageing population, and greater awareness of employee rights, many staff now need flexible working to stay in the workforce. For these employees, flexibility is no longer a “nice to have”, it is essential.

Employer challenges

For employers, this shift presents both opportunity and challenge. While some see flexible working as a tool to boost engagement, retention, and wellbeing, others struggle to balance it against productivity and fairness.

Key challenges include:

• Consistency: granting one employee’s request while refusing another’s can cause resentment or claims if not properly justified.
• Equality risks: refusals may disproportionately affect women, disabled workers, or carers, raising the prospect of indirect discrimination claims under the Equality Act 2010.
• Evidence: refusal reasons must be carefully chosen and supported by evidence.

Best practice for employers

To manage requests fairly and lawfully:

• Engage in genuine consultation, even if refusing.
• Document decisions clearly, including the rationale.
• Consider alternatives (e.g. trial periods, partial arrangements).
• Keep policies consistent and up to date.

Looking ahead

Flexible working is no longer a perk but, for many, a baseline expectation. With the Employment Rights Bill proposing further reforms (including stronger rights and possible enhanced protection for carers by 2026–2027), we may see more tribunal claims as employees test the strengthened framework.

What is certain is that flexible working is here to stay. Employers who proactively embed it into their culture, rather than treating it as an exception, will be better positioned to attract, retain and support their people.

How we can help

If you would like help with navigating flexible working, our employment team are here to help. Get in touch today to discuss how we can assist you build policies, provide training or support.