Flexible Working Requests UK: A Guide for Small Businesses

Flexible working requests are no longer rare in small businesses.

Since April 2024, employees in the UK have had the right to request flexible working from Day 1 of employment. That means even small businesses need a clear process for handling requests fairly and legally. If you run a small business in Surrey or the wider South East (or anywhere in the UK), here’s what you need to know about managing flexible working requests properly.

What Is Flexible Working Under UK Law?

Flexible working refers to changes to:

• Working hours

• Working days

• Start and finish times

• Location (e.g. hybrid or home working)

• Compressed hours

• Job sharing

Who Can Request Flexible Working in the UK?

• Employees can request flexible working from Day 1

• They can make two statutory requests per year

• Employers must respond within two months

• Employers must consult before refusing

• Refusals must be based on one of the statutory business reasons

  
  

Importantly, employees have the right to request flexible working, not an automatic right to have it granted. For small businesses, understanding this distinction is essential.

Common Flexible Working Requests in Small Businesses

In practice, flexible working requests often relate to:

• Childcare responsibilities

• Commuting & Travel considerations

• Work-Life Balance & Personal Commitments

• Health & Wellbeing

• Study & Education commitments

  
  

Without large teams or spare capacity, these requests can often feel operationally challenging for small businesses. However, a structured approach reduces both legal risk and internal tension.

How Small Businesses Should Handle a Flexible Working Request

1. Ask for the Request in Writing

The statutory process begins once a written request is made. Once you receive the request, you have a two-month decision window.

2. Arrange a Flexible Working Meeting

You must hold a meeting with the employee to carefully assess the effect of the requested change for both the business and the individual before deciding the outcome of a request. This conversation requires genuine consideration.

Discussion points:

• The employee’s reasons for the request

• What the operational impact may be for the team and the wider business

• If there are any possible alternatives

• Whether a trial period could work

• any other practical considerations involved in implementing the request

If the request is a tricky one to approve, this conversation is often where a workable compromise emerges.

3. Assess Against the Statutory Business Grounds

A decision to reject a request must be for one or more of the following business reasons which are set out in the Employment Rights Act 1996:

• the burden of additional costs

• an inability to reorganise work amongst existing staff

• an inability to recruit additional staff

• a detrimental impact on quality

• a detrimental impact on performance

• a detrimental effect on ability to meet customer demand

• insufficient work available for the periods the employee proposes to work

• planned structural changes to the employer's business

If you refuse, your explanation must clearly link to one of these grounds. Simply saying “it won’t work” is not enough.

4. Provide a Written Decision

Your response should:

• Confirm the outcome (approval, refusal or alternative arrangement)

• Clearly explain your reasoning

• Offer an appeal process

  
  

Documenting each step of the process is key to protect you.

Flexible Working and Discrimination Risks

Poor or inconsistent handling of flexible working requests can lead to:

• Discrimination claims (especially related to childcare or disability)

• Constructive dismissal allegations

• Employee relations breakdown

• Tribunal exposure

  
  

The reputational and financial cost of getting it wrong can be significant and therefore a simple, consistent process matters.

After Approving Flexible Working

If you agree to a change:

• It usually becomes a permanent contractual variation

• You should confirm the new hours or working pattern (and new holiday entitlement and pay, if applicable) in writing

• You should update payroll if pay changes

• You should clarify review points if a temporary arrangement or trial period has been agreed

  
  

A short variation letter is normally sufficient. Avoid informal arrangements with no documentation.

Benefits of Flexible Working

Small businesses competing for talent against larger employers need to balance operational needs with market expectations. Handled well, flexible working can:

• Improve retention

• Reduce recruitment costs

• Strengthen employer reputation

• Increase productivity

  
  

Handled inconsistently, it can create risk and resentment.

Final Thoughts

Managing flexible working requests in a small UK business doesn’t require a corporate HR department. It requires:

• Understanding the legal framework

• Following a fair process

• Documenting decisions

• Thinking commercially

  
  

If you are unsure whether your current approach to flexible working requests would stand up to scrutiny, it may be worth reviewing your HR processes before a complex request arises.

A structured HR review can help ensure your policies, contracts and manager practices reflect current UK employment law.

If you need help navigating a flexible working request or another HR situation.. I can help you move forward legally, fairly and confidently.

Lets Chat!