2024 Flexible‑Working Reforms: Employer Action Points

Flexible working is no longer just a buzzword - it’s become an integral part of the modern workplace, with new legal reforms raising the bar for employers and employees alike in England and Wales. The 2024 changes to flexible working arrangements mean that, as an employer, you’ll need to be proactive in updating your policies, knowing your obligations, and ensuring best practice in how requests are handled.

If you want to stay compliant, keep your staff motivated, and avoid unnecessary disputes, getting across these updates is essential. In this article, we’ll break down the new rules, lay out the key changes, and set out practical action points for employers to help you steer your business confidently through the new landscape.

Let’s dive into what flexible working means, what the new law requires, and the steps every employer should be taking - starting now.

What Are Flexible Working Arrangements?

Put simply, a flexible working arrangement is any adjustment to an employee’s standard work pattern. The flexibility can take many forms, and it’s not limited to just working from home (though that’s often the first thing that springs to mind).

Some common types of flexible working arrangements include:

• Part-time work: Employees working fewer than standard full-time hours.

• Remote working: Working from home or other approved locations - sometimes even overseas.

• Hybrid working: A mix of remote work and coming into the office.

• Flexible start and finish times: Adjusting arrival and departure times to suit personal commitments (often called “flexitime”).

• Compressed hours: Fitting the usual working hours into fewer days (e.g., a four-day workweek).

• Job sharing: Two employees share the duties of a single full-time role.

Recent years have seen a sharp rise in demand for flexibility. Both employees and employers are recognising the broader benefits - from improved productivity, through to greater job satisfaction and talent retention.

What Has Changed For Flexible Working in April 2024?

From 6 April 2024, big changes came into effect thanks to the UK government’s new laws on flexible working. These reforms aim to make flexible working more accessible while imposing tighter procedural requirements on employers.

Let’s break down the main areas where the rules have shifted:

These changes mean flexible working is now much more of a default expectation rather than a “permitted exception”. Employers need to be ready for more requests and a stricter process for making decisions.

Why Does This Matter For Employers?

On a practical level, these new rules fundamentally shift how flexible working requests need to be handled. Here’s what’s driving the change:

• Employees have wider, quicker access - so you may see more requests, from a broader range of staff, and earlier in employment relationships.

• There’s a firm focus on meaningful consultation and fair process. You can’t just refuse a request: you have to actively discuss it and genuinely consider it first.

• The legal response time has shrunk from three months to two, so less breathing space to weigh up each request.

• The new ACAS Code of Practice (2024) now provides authoritative guidance for what a fair consultation process looks like - while not enforceable law, it will be closely considered by tribunals if a dispute arises.

• Failure to follow the new process could give rise to grievances, tribunal claims or damage to staff morale and reputation.

What is Required in the Consultation Process?

A headline change is the requirement for employers to engage in a consultation process before refusing any flexible working request. But what does that actually mean?

• You'll need to meet (virtually or in person) with the employee to discuss their request in detail.

• You must listen to their reasons and genuinely try to find solutions or alternatives that might work for both sides.

• If you decide to refuse the request, you need to provide clear business reasons, and show you considered the employee’s needs and alternative arrangements.

• All communication and decisions should be documented, as you may need to demonstrate your process if challenged.

For more tips on compliant HR processes, see our guide on Legal Aspects of Performance Management.

What Are Valid Reasons to Refuse a Flexible Working Request?

Even under the new rules, employers can refuse a request for flexible working - but only if there’s a legitimate business reason.

The acceptable reasons remain the same as before, and include:

• Extra costs that would damage the business

• The work cannot be reorganised among other staff

• People cannot be recruited to do the work

• Flexible working would impact quality or standards

• Flexible working would undercut performance or service levels

• The business wouldn’t be able to meet customer demand

• Lack of work to do during requested working times

• Planned structural changes to the business are a factor

So, while the bar for refusing has not changed, what has changed is the emphasis on a clear, evidence-based process. If a refusal ends up being challenged, an employment tribunal will want to see that the reason given is genuine, relevant, and substantiated by the consultation record.

What Impact Will These Changes Have On The Workplace?

With “day-one” rights and more opportunities to apply, it’s widely expected that the number and variety of requests will increase. HR teams and managers need to be ready for this uptick - and to manage more complex scenarios (like hybrid teams, remote overseas work, or job-sharing arrangements).

Employers will need to work smarter, not harder, to balance:

• Operational needs, such as maintaining coverage or service standards

• Legal requirements for a two-way, consultation-based process

• Consistent decision-making, so as not to inadvertently open the door to discrimination claims

• Staff wellbeing, to help attract and retain top talent in a competitive labour market

This may mean refreshing or creating clearer workplace policies, conducting more training, and keeping detailed records of the process for each request. If you haven’t reviewed your workplace policies and staff handbook recently, now’s the time to bring them up to date.

How Should Employers Update Workplace Policies?

Let’s be honest - nobody enjoys rewriting policies, but getting your documents right is critical to staying compliant with the new law.

Here’s how to check if your flexible working policy is fit for purpose:

• Your staff handbook should reflect the April 2024 rules: “day-one” requests, two requests per year, and the new two-month response period.

• All procedures should be updated to describe the statutory consultation process, emphasising meaningful engagement before a refusal can be issued.

• Templates (such as request forms and response letters) must be reviewed for outdated language about 26-week service or “employee impact” statements - these are no longer required.

• Think about additional training for managers and HR teams who will be handling requests, so they’re comfortable with the new process and able to respond consistently.

If you need tailored support, our team can help review your workplace policy for compliance with the current law.

ACAS Code Of Practice: What Do Employers Need To Know?

A crucial accompaniment to the law is the new ACAS Code of Practice. It sets out best-practice steps for considering flexible working requests, including:

• Holding a meeting (in person or remotely) with the employee to discuss their request in good faith

• Allowing the employee to be accompanied to the meeting if they wish

• Considering alternative arrangements if the original request cannot be met

• Documenting the decision and the reasons carefully

• Signposting to appeal routes if the request is refused

The Code isn’t legislation, but employment tribunals will expect employers to follow it wherever possible. If there’s a dispute or grievance, a failure to follow the Code can be used as evidence against an employer - another reason to ensure your policies and practice are aligned.

What Are The Key Legal Risks and Pitfalls?

The headline risk is a direct claim for breach of the statutory right to request flexible working. But there are also wider risks to keep top of mind:

• Indirect discrimination: A refusal to allow flexible working can be an act of discrimination, particularly if it has a greater impact on certain groups - for example, parents, carers, disabled staff, or women. If challenged, you’ll need to show a legitimate business reason and evidence for your decision.

• Grievances and reputational issues: Mishandled processes often lead to disputes and can impact your status as an inclusive employer.

• Breach of contract or constructive dismissal: If handled poorly, some refusal processes may trigger wider claims, such as breach of employment contract or even constructive dismissal.

Ensuring robust processes and fair, evidence-based decision-making from the start is your best defence.

Practical Steps For Employers: Your 2024 Action Points

Ready to future-proof your business? Here’s a checklist of practical steps every employer should consider:

• Audit your policies: Bring your flexible working policy and staff handbook in line with April 2024 rules (you can get help from our Staff Handbook Package).

• Communicate early: Let current staff and new hires know about their rights and your process for managing flexible working requests.

• Train managers: Make sure managers know the new law, response timelines, and consultation duties.

• Keep records: Document every step in the flexible working process, from consultation through to your written response.

• Handle refusals with care: Before refusing a request, hold a genuine consultation and record your evaluation of business grounds for refusal.

• Review individual contracts: If employment contracts reference outdated rules or minimum service, update these so you’re not inadvertently promising the wrong process - for more, see our Employment Contract guide.

• Watch out for discrimination risks: Cross-check refusals against anti-discrimination duties under the Equality Act 2010.

Tackling these action points now frees up your time later by reducing risks, avoiding disputes, and supporting positive workplace culture.

Frequently Asked Questions About Flexible Working Reforms

Do I Have To Approve Every Flexible Working Request?
No, you aren’t obliged to approve every request. However, you need to genuinely consider each request, consult with the employee, and only refuse based on clear business grounds.

Do These Reforms Apply To My Small Business?
Yes. The legislation applies to all employers in England and Wales, regardless of size. Even a small start-up with just a few staff needs to comply. For more, check our Small Business Responsibilities resource.

What If I Get Multiple Requests At Once?
You must consider each on its own merit, but can take a business-wide view when balancing operational needs. Be ready to document rational reasons if requests cannot all be accommodated at the same time.

Key Takeaways

• As of April 2024, flexible working is a “day-one right” - employees can make requests from the start of employment, and up to two requests per year.

• Employers must respond within two months and hold a genuine consultation meeting before any refusal.

• Staff no longer have to explain the impact of their request in their application, but a refusal needs real business reasons and a documented process.

• Workplace policies, staff handbooks, employment contracts and manager training will all need updating to ensure legal compliance.

• Employers should review flexible working processes in light of the ACAS Code of Practice for best practice.

• Failing to follow the new rules could expose your business to tribunal claims, discrimination allegations and reputational damage.

• Getting your legal documents and processes in order from the outset is the best way to manage flexible working requests smoothly and stay protected.

If you need help updating your employment policies, contracts, or would like specialist guidance on legal compliance, get in touch with our team for a free, no-obligations chat. You can reach us by phone at 08081347754 or email team@sprintlaw.co.uk - we’re here to support UK businesses adapt to change, protect your interests, and help you grow.