Flexible Working Request Changes 2023: What UK Employers Need To Know

Flexible working isn’t a “nice-to-have” anymore. For many small businesses, it’s become a day-to-day part of hiring, retention and keeping your team productive - especially when you’re competing with bigger employers for talent.

But with the flexible working request changes now in motion, it’s also an area where the legal rules are shifting. That means your business needs to keep up, so you can handle requests confidently, consistently, and fairly (without accidentally creating risk).

In this guide, we’ll walk you through what happened in 2023, what changed in practice from April 2024, and what you should put in place now so you’re protected from day one.

What Were The Flexible Working Request Changes In 2023?

When people talk about the flexible working request changes in 2023, they’re usually referring to a major legal development: the Employment Relations (Flexible Working) Act 2023.

This Act received Royal Assent in 2023. In practical terms, it set the direction of travel for UK employment law by making flexible working easier to request and harder to dismiss without proper consideration.

Important point for employers: Royal Assent in 2023 didn’t automatically mean every rule changed overnight. The main day-to-day changes were implemented later (and are supported by updated statutory guidance). In practice, the key operational changes took effect on 6 April 2024.

That said, 2023 was still a turning point because:

• It signalled that flexible working would become a more “default” expectation in UK workplaces.
• It increased scrutiny on how employers handle requests (especially consistency and documented reasoning).
• It reinforced the importance of following the statutory process properly, because employees can challenge poor handling through existing tribunal routes.

So even if you felt like “nothing changed” in your workplace during 2023, the legal direction of travel did - and it’s smart to treat flexible working requests as a core HR process, not an ad-hoc conversation.

What Is A Flexible Working Request (And What Counts As Flexible Working)?

A flexible working request is a formal request by an employee to change how, when, or where they work. It might be a permanent change, or a change for a defined period.

For small business employers, the tricky part is that flexible working can mean a lot of different things, such as:

• Remote or hybrid working (working from home some or all of the time)
• Part-time work (reducing days or hours)
• Compressed hours (e.g. full-time hours across fewer days)
• Flexitime (variable start/finish times)
• Job-sharing
• Staggered hours (useful for customer coverage or school runs)

Even if you’re happy to agree to something informally, it’s worth pausing and thinking: will this change become contractual? Do we need to update the person’s working pattern, pay, or responsibilities in writing?

This is where having a solid Employment Contract (and keeping it updated) makes a real difference - it helps you document changes properly and avoid misunderstandings later.

How Are Employers’ Legal Obligations Changing After The 2023 Reforms?

The reforms aim to make the flexible working system quicker, more accessible, and more “interactive” - meaning you’re expected to engage with the request rather than simply accept or reject it.

Here are the key changes employers should understand.

1) Flexible Working From Day One

Traditionally, employees needed a qualifying period of employment before they could make a statutory flexible working request. Following the 2023 Act, the law has moved to day one rights (i.e. the ability to request flexible working from the start of employment), and this change took effect on 6 April 2024.

What this means for your business: you should expect more requests during recruitment and probation, not only from long-standing team members.

If you haven’t already, it’s a good time to make sure your onboarding approach and probation paperwork match how your business actually runs. For example, your Probation Period terms should align with your approach to flexible working and performance expectations.

2) More Than One Request Per Year

One of the practical shifts is an increase in how many statutory requests an employee can make in a 12-month period (moving from one to two). This change took effect on 6 April 2024.

What this means in practice:

• You may have to manage flexible working as an ongoing process (especially if an employee’s circumstances change).
• You’ll want a repeatable internal process so each request is handled consistently.
• You may need to track requests more carefully (dates, decisions, reasons, and outcomes).

3) Shorter Time To Decide

The reforms also reduce the timeframe for employers to respond to a statutory flexible working request (from 3 months down to 2 months, unless you agree an extension with the employee). This change took effect on 6 April 2024.

Why it matters for small businesses: two months can go quickly when you’re juggling customers, cashflow and everything else. If you don’t have a clear process, it’s easy to miss deadlines - and missed deadlines can escalate conflict and increase legal risk.

4) A Duty To Consult Before Refusing

A major “tone change” is the expectation that employers will consult the employee before refusing a request. This change took effect on 6 April 2024.

This doesn’t mean you must agree to everything. It means you should be prepared to:

• Discuss the request properly (usually via a meeting)
• Consider alternatives (e.g. trial periods, partial flexibility, amended hours)
• Explain your reasoning clearly

From a risk-management perspective, this is all about demonstrating fairness and reasonableness - especially if a refusal could be linked to childcare, disability, or other protected circumstances.

5) The Employee No Longer Needs To Explain The Impact

Historically, an employee making a statutory request had to set out what effect the change would have on the business and how that might be dealt with. The reforms remove that requirement, and this change took effect on 6 April 2024.

What this means for you: the burden of assessing business impact sits more squarely on the employer. In other words, you may need to do more internal thinking (and documenting) before you make a decision.

How To Handle Flexible Working Requests As A Small Business (Step-By-Step)

For most SMEs, the goal isn’t to build a complex HR department overnight. It’s to create a clear, repeatable process that helps you respond within time limits, treat staff consistently, and protect business operations.

Here’s a practical approach you can adopt.

Step 1: Put A Simple Policy In Place

A flexible working policy helps your team understand:

• How to submit a request
• What information you need
• How long the process will take
• Who makes the decision
• Whether trial periods are available

This policy can sit inside your staff handbook or workplace policy pack. Having a written Workplace Policy isn’t just about box-ticking - it’s how you keep consistent when you’re busy, scaling, or dealing with a tricky request.

Step 2: Acknowledge The Request And Schedule A Discussion

Even when the answer seems obvious, build in a short meeting to understand what the employee is asking for and why.

This is also your chance to explore solutions you may not have considered, such as:

• A trial period (e.g. 8–12 weeks)
• Different start/finish times but same overall hours
• Splitting work across the team to cover customer-facing needs
• Adjusting duties to suit a remote/hybrid setup

Step 3: Assess The Business Impact (And Document It)

Before deciding, consider the operational realities of your workplace. For example:

• Do you need fixed hours for customer service or safety?
• Would the request create coverage gaps?
• Would you need to recruit, re-train, or restructure the role?
• Are there confidentiality, supervision, or performance challenges?

If the request impacts working hours, breaks, or staffing coverage, it’s worth checking how your working patterns align with the Working Time Regulations - especially for rest breaks, maximum weekly hours, and night work scenarios.

Step 4: Consider Equality Risks Before You Say “No”

This is one of the biggest risk areas for employers.

A flexible working request might be linked to:

• childcare responsibilities
• a disability or long-term health condition
• religious observance
• pregnancy-related needs

If you refuse a request without proper consideration, you could face claims beyond flexible working alone (for example, indirect discrimination). This is why consistent process and good documentation matters so much.

If you’re unsure, get advice before you respond - it’s usually far easier to handle this upfront than to defend a claim later.

Step 5: Confirm The Outcome In Writing (And Update Contracts)

Whether you accept, reject, or agree a modified arrangement, confirm it in writing.

If you approve changes to hours, pay, location, or duties, those changes may need to be reflected in the employee’s contract. This is where having properly drafted Employment Contract documentation (and a clear variation process) is essential.

Also think about the practicalities of managing the arrangement going forward - for example:

• How will you measure performance?
• How will you communicate expectations (availability, response times, handovers)?
• What happens if the arrangement isn’t working?

Many businesses wrap these operational expectations into a staff handbook. If yours is out of date (or doesn’t exist yet), a Staff Handbook can help keep everyone aligned.

Common Mistakes Employers Make With The Flexible Working Request Changes 2023

When you’re running a small business, it’s easy to handle requests informally - especially if you’ve got a close-knit team. The problem is that informal processes can create inconsistency, and inconsistency is what often leads to legal disputes.

Here are some common pitfalls we see.

Refusing Too Quickly (Or Without Proper Reasons)

Even if the request doesn’t work for your business, you still need to show you considered it properly and explored alternatives.

A refusal should be based on clear business reasons, explained in plain English. If you end up in a dispute, vague reasoning like “it won’t work” is rarely helpful.

Not Meeting Time Limits

With the current 2-month decision timeframe, late decisions become more risky. Build a simple tracker for requests and deadlines, even if it’s just a spreadsheet.

Agreeing Without Thinking Through Knock-On Effects

Sometimes the risk isn’t refusing - it’s agreeing too casually.

For example, approving a remote arrangement without considering confidentiality, data security, client expectations, and supervision can create operational and compliance headaches.

It’s worth making sure your policies (and staff training) cover how people should work responsibly, especially around systems access and internet use. Where relevant, employers often set this out in an acceptable use / monitoring approach; if you’re considering that area, it’s worth understanding Monitoring At Work rules too.

Creating “Custom Deals” That Undermine Fairness

If one employee gets a special arrangement without clear criteria, others may feel treated unfairly - and that can quickly spiral into grievances or turnover.

A policy doesn’t stop you from being flexible. It simply helps you apply flexibility consistently.

Key Takeaways

• The flexible working request changes associated with the Employment Relations (Flexible Working) Act 2023 signalled a stronger legal push toward flexible work as a default expectation, with the main operational changes taking effect from 6 April 2024.
• Employers should be ready for day one requests, more requests per year, shorter decision timeframes, and an expectation to consult before refusing.
• Even when you can’t agree to a request, you should follow a clear process: acknowledge, meet, assess impact, consider alternatives, and confirm the outcome in writing.
• Flexible working requests can overlap with discrimination risk, so consistency, documentation, and fair reasoning are crucial.
• Update your internal documents so they match how your business actually operates, including a clear policy and up-to-date employment contracts.
• If you’re unsure about a particular request (or you’re seeing repeated requests), getting advice early can prevent disputes and protect your business.

If you’d like help updating your employment documents or setting up a practical process for handling flexible working requests, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.