Employees have a legal right to request flexible working, including asking to change where they work, under the Employment Rights Act 1996. The right covers requests such as flexible hours, working from home, or changing the location of work.
Since 2024, employees across England, Scotland and Wales have been able to request flexibility in work from their first day of employment. Workers can submit two requests every 12-month period.
What can I ask for?
Requests can include changing working hours, working from home, or otherwise changing where you work from. Employees are allowed to make two requests every 12-month period.
Can my boss refuse?
Simply asking for flexibility does not mean it will be approved. Employers must reasonably consider all requests and can only refuse on business grounds.
Deputy Prime Minister Louise Haigh has announced the Government's intention to make it easier for employees to request flexible working, and more challenging for employers to deny requests.
Speaking at the Trade Union Congress in September, Haigh said: “Today I can announce that we will strengthen the right to flexible working. If an employer wants to turn down a request they will have to sit down with their employee, properly consider it and explain why.”
What are the reasons I can be denied?
There are eight different reasons a request could be denied. These include the burden of additional costs, detrimental effect on meeting customer demand, inability to reorganise work amongst existing staff, inability to recruit extra staff, detrimental impact on quality, detrimental impact on performance, insufficient work during planned periods, and planned structural changes.
How do I ask for flexible work?
According to Susan Nudelman, strategic partnerships manager at HelloRetriever.com, being specific is key when making a request. She explained: “Don't simply say you'd like to work from home more often. Set out exactly what you're proposing – for example, working from home every Monday and Friday and attending the office for the remaining three days.”
Nudelman advised making clear in writing that you are making a statutory flexible working request and stating when you would like the new arrangement to begin. Using evidence that you can successfully work from home can also be useful, such as pointing to targets you have hit or positive performance reviews that occurred whilst working from home.
She also recommended trying to see things from the employer's point of view. She said: “Think about the objections your employer might have before they raise them and explain how you would deal with them.” If face-to-face meetings are important, she suggested offering to attend those in person, and explaining how you will remain contactable if availability is likely to be an issue.
She added: “The important distinction is that the law gives you a right to request flexible working, not an automatic right to work from home. But if working from home is something you want, knowing there is a formal process and putting forward a well-thought-out proposal can give you the strongest possible case.”
