Under the Employment Rights Act 1996, workers have a legal entitlement to request flexible working arrangements, which can include asking to change their place of work. However, simply making a request does not guarantee approval.
During the COVID-19 pandemic, many workplaces globally introduced changes to allow staff to work from home. Six years on, many employers are asking staff to return to the office, but workers who prefer to stay at home can use certain provisions to support their case.
What can employees ask for?
Since 2024, employees throughout England, Scotland and Wales have been allowed to request workplace flexibility from their very first day of employment. Workers can submit two requests within each 12-month period, covering flexible hours, remote working, or changes to their work location.
Can employers refuse?
Employers must give reasonable consideration to all requests and may only decline them on legitimate business grounds. There are currently eight distinct grounds for refusal, including additional costs, an inability to redistribute workload amongst staff, detrimental impact on performance, and an inability to meet customer demand.
The full list of reasons for refusal includes 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.
Government plans to strengthen rights
Deputy Prime Minister Louise Haigh has announced the Government's plans to make it simpler for workers to submit requests and more difficult for employers to reject them. 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."
The new legislation would compel employers to meet with employees and provide a clear explanation for any refusal.
How to make a successful request
According to Susan Nudelman, strategic partnerships manager at HelloRetriever.com, being specific is crucial when requesting changes to work place or hours. 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 advises making clear in writing that you're making a statutory flexible working request and stating when you'd like the new arrangement to begin. Providing evidence of effective remote work, such as targets achieved or favourable performance reviews while working remotely, can also bolster the argument.
She also suggests considering the employer's perspective: "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, offer to attend those in person. If availability is likely to be an issue, explain how you'll remain contactable.
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."
