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Flexible Working Policy
ERA 2025
A comprehensive flexible working policy for employers in England and Wales, updated for the Employment Rights Act 2025. Covers statutory request rights, eligibility, application process, consultation, decision timeframes, trial periods, appeals, and record keeping.
What's included
- ✓Policy statement and scope
- ✓Request and consultation process
- ✓Decision and appeal framework
- ✓Manager guidance and records
Recent legal changes
The Employment Relations (Flexible Working) Act 2023 made the right to request flexible working a day-one right from 6 April 2024, removed the requirement for the employee to explain how the change might affect the employer, allowed two requests in any 12-month period, and required employers to consult with the employee before refusing a request. The Employment Rights Act 2025 builds on this framework by requiring employers to make flexible working the default unless they can show it is not reasonably feasible. This template is drafted to comply with both Acts and reflects the strengthened framework taking effect through 2025–2026.
What is a Flexible Working Policy?
A flexible working policy is a written document that sets out how an employer will handle requests from employees to vary their working pattern — including changes to hours, days, location, or working arrangements. Under UK law, every employee has a statutory right to make up to two flexible working requests in any 12-month period from their first day of employment. The employer must deal with the request in a reasonable manner, must consult with the employee before refusing, and can only refuse on one of eight statutory grounds set out in the Employment Rights Act 1996 (as amended). This template provides a complete decision framework: how the request is submitted, how it is assessed, the consultation process, the eight statutory grounds for refusal, the right of appeal, and how the change is implemented if approved.
When do you need one?
Every UK employer with employees should have a written flexible working policy in place. The right to request flexible working applies from day one of employment, which means employers cannot delay implementation until employees reach a service threshold — there is no service threshold. The policy should be issued to all employees at the start of employment and should be reviewed when working patterns, premises, or operational requirements change in a way that affects the employer’s ability to accommodate flexible arrangements. Employers who do not have a written policy in place are at significantly greater risk of tribunal claims for failing to handle a request reasonably or for indirect discrimination.
Last updated: 1 May 2026
Frequently asked questions
What are the eight statutory grounds an employer can use to refuse a request?
Under section 80G of the Employment Rights Act 1996, an employer may only refuse a flexible working request on one or more of these grounds: the burden of additional costs; detrimental effect on ability to meet customer demand; inability to reorganise work among existing staff; inability to recruit additional staff; detrimental impact on quality; detrimental impact on performance; insufficiency of work during the periods the employee proposes to work; planned structural changes. The employer must explain in writing which ground or grounds apply and the reasoning behind the decision.
Does the employer have to consult before refusing?
Yes. Since 6 April 2024, an employer must consult with the employee before refusing a flexible working request. The consultation must be a genuine opportunity to discuss the request, including the possibility of a modified or alternative arrangement that might address the employer's concerns. Refusing a request without prior consultation is a breach of the statutory procedure and can give rise to a tribunal claim for compensation of up to eight weeks' pay.
Can a request be refused if it would amount to indirect discrimination?
Refusing a flexible working request that has a disproportionate impact on a group sharing a protected characteristic — most commonly women with childcare responsibilities, or disabled employees — can amount to indirect discrimination under the Equality Act 2010. An employer must be able to show that the refusal is a proportionate means of achieving a legitimate aim. This is a higher threshold than the eight statutory grounds in the Employment Rights Act 1996. The template includes a reminder for decision-makers to consider Equality Act implications alongside the statutory grounds.
How does this policy interact with the Employment Rights Act 2025?
The Employment Rights Act 2025 strengthens the existing framework by introducing a presumption that flexible working will be granted unless the employer can show it is not reasonably feasible. The eight statutory grounds remain available as a defence, but the burden of demonstrating that a refusal is justified shifts more onto the employer. This template anticipates the strengthened framework by requiring decision-makers to record the operational reasoning for any refusal in detail, which provides a defensible audit trail in the event of a tribunal claim.