Flexible working: Five things employers need to know

By KMC Human Resources

07 Sep 2016

The way we work in the UK has changed dramatically over the last ten years. Fuelled by the rise of digital technology and connectivity, the modern workplace is now a very different place and to coincide, employee attitudes to the way we work are also changing.

By Karen Credie, KMCHR.

The past few years in particular have seen flexible working grow significantly, with this way of working now being the norm for many workers. With one survey finding that over half of UK workers (55%) admitting that the option to work flexibly will be crucial when picking their next job, the trend towards flexible working is set to increase.

So what do employers need to know about flexible working rules and how can you make them work for your business?

What counts as flexible working?

Flexible working is any way of working that falls outside of the company ‘norm’. This can involve a change to the hours an employee works, the times they are required to work or their place of work.

Right to request

Any employee that has been working at an organisation for 26 continuous weeks has the right to request flexible working arrangements. Under law, employers must ‘seriously consider’ such requests and make a decision within three months of the receipt of the request (which should be made in writing by the employee). The only other stipulation to an employee’s rights here is that they can only make one flexible working request in any 12 month period.

Right to refuse

Employers have the right to refuse a request made by an employee for flexible working provided they have a valid business reason to do so. Inability to perform work duties, inability to meet customer demand, insufficient work during the proposed hours, a detrimental impact on other staff or an increased cost to the business could all potentially be ‘valid reasons’ to refuse a flexible working request.

Health and safety

A flexible working agreement with an employee may see them spending some of their time working from home. Employers still have health and safety obligations to employees working at their home and will therefore need to come up with a suitable way to risk assess their employees’ work stations. Employers should also consider the mental wellbeing of any staff that work away from the office along with any data protection implication for the business.

Maintain a level playing field

Despite the fact that employers can refuse flexible working requests, by doing so they will need to consider whether they have allowed or refused other similar requests made by other employees. Should any refusal be classed as discriminatory by an employee, they could make a formal complaint via the company’s grievance procedure or via the Acas arbitration scheme. They could also take their case to the employment tribunal, in which case any past precedent for accepting flexible working requests could potentially be used against you.

And finally, if you do agree to a request for flexible working, don’t forget to confirm the details in writing and update the employee’s Contract of Employment to reflect the change. For further advice in relation to flexible working requests or to develop policies and procedures surrounding flexible working in your business, please contact us. Any business that is new to KMC HR may claim a free one hour consultation.

Latest news

1

Eric Wright Charitable Trust unveils six-year charitable giving strategy Previous funded project supporting young people

Eric Wright Charitable Trust unveils six-year charitable giving strategy

21 Jan 2026

2

IN4 Group acquires Midlands apprenticeship provider ATL Mo Isap, founder and CEO of IN4 Group; Andy Beaden, co-founder and Chairman of IN4 Group; and the founders of GMP Recruitment James Cronin and Mike Pincott.

IN4 Group acquires Midlands apprenticeship provider ATL

21 Jan 2026

3

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns Typhoon production Warton

‘Dithering’ on defence spending puts thousands of jobs at risk, union warns

20 Jan 2026

4

Renewables blow as large-scale Irish Sea windfarm plan is scrapped EnBW logo windfarm

Renewables blow as large-scale Irish Sea windfarm plan is scrapped

20 Jan 2026

5

21 roles available as Leyland Trucks launches 2026 apprenticeship recruitment Leyland Trucks tooling academy

21 roles available as Leyland Trucks launches 2026 apprenticeship recruitment

20 Jan 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
January / February 2026 - LBV Issue 126 Magazine Launch Event
Porsche Preston1200x630
Networking
22 Jan 2026

January / February 2026 - LBV Issue 126 Magazine Launch Event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026
Employment Rights Act Update for Businesses.png.png
LBV Hub Webinar
27 Jan 2026 - 27 Jan 2026

Employment Rights Act Update for Businesses: What Employers Need to Know for 2026

Online via Zoom, Preston, PR5 6AW

09:30 - 10:30

The Marketing Meetup: Lancashire (January)
LBV Hub Networking
27 Jan 2026

The Marketing Meetup: Lancashire (January)

Six Connections, Slater Terrace, Burnley, BB11 4SA

18:00 - 20:00

Chamber Breakfast – February
Logo.jpg.jpg
LBV Hub Networking
03 Feb 2026 - 03 Feb 2026

Chamber Breakfast – February

The Olive Branch, Lancaster, LA1 4XQ

08:00 - 10:00

Business Breakfast Networking Event
LBV Hub Networking
04 Feb 2026 - 04 Feb 2026

Business Breakfast Networking Event

Media Factory, University of Lancashire, Preston, PR1 2HE

08:00 - 10:30

E-commerce in 2026: From stores to systems
PTC banner Feb 26.jpg.jpg
LBV Hub Networking
10 Feb 2026 - 10 Feb 2026

E-commerce in 2026: From stores to systems

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Degree apprenticeship information sessions for businesses
student centre entrance.jfif.jpg
LBV Hub Webinar
10 Feb 2026 - 13 Feb 2026

Degree apprenticeship information sessions for businesses

University of Lancashire, Virtual event, -

10:00 - 09:30

Future Forward Business and Skills Summit
Future Forward Business & Skills Summit
LBV Hub Networking
20 Feb 2026

Future Forward Business and Skills Summit

Lancashire Energy HQ , Blackpool, FY4 2QS

08:00 - 11:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Payroll Update 2026 Samlesbury Hall
payroll.jpg.jpg
LBV Hub Seminars
06 Mar 2026 - 06 Mar 2026

Payroll Update 2026 Samlesbury Hall

Samlesbury Hall, Preston, PR5 0UP

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin