Flexible Working Requests from Day One: What Employers Need to Know

Home » News & Blog » Flexible Working Requests from Day One: What Employers Need to Know

Flexible working is no longer just a perk, it is becoming a fundamental expectation for employees across the UK. With the proposed legal change under the Employment Rights Bill, all employees will have the right to request flexible working from their very first day of employment. This development has important implications for employers, who must be prepared to consider and respond to requests in a fair and legally compliant way.

Understanding the legal obligations and practical considerations of this change is crucial for businesses seeking to attract and retain talent while avoiding potential disputes. If you are unsure how this will affect your organisation, contact our Employment Law team for tailored guidance.

What Is Flexible Working from Day One?

Flexible working is any arrangement that changes the standard pattern of working hours, location, or schedule. This can include:

• Remote or hybrid working – allowing employees to work from home or alternate locations.
• Part-time roles – reducing standard working hours while maintaining responsibilities.
• Compressed hours or flexible schedules – adjusting start and finish times to suit employee needs.
• Job sharing – splitting one role between two employees.

The key change in 2025 is that all employees, regardless of length of service, will be able to request these arrangements from day one, rather than waiting until they have completed 26 weeks of continuous service. This reflects a growing recognition that flexible working is central to modern employment practices.

If you are planning to update your policies or contracts to accommodate this change, speak with our Employment Law specialists to ensure compliance and smooth implementation.

Legal Obligations for Employers

While employees will have the right to request flexible working from the start, employers are not required to automatically grant all requests. However, they must consider them in a reasonable manner and provide a written response. Key points include:

• Employers must assess requests fairly, considering business needs and operational requirements.
• Requests cannot be ignored or unreasonably delayed.
• Decisions should be documented, and if a request is declined, clear reasons must be provided.
• Failing to follow proper procedures may lead to complaints of unfair treatment or discrimination.

This approach ensures that employers balance operational needs with employees’ rights, reducing the risk of legal challenges while supporting workforce engagement. If you need assistance reviewing your flexible working procedures, our Employment Law team can provide expert advice.

Practical Steps for Employers

To prepare for day-one flexible working requests, employers should take several practical steps:

1. Review HR Policies – Update contracts, handbooks, and internal policies to reflect the new legal right.
2. Train Managers – Equip line managers with guidance on handling requests fairly, assessing impact, and communicating decisions.
3. Plan Workforce Schedules – Consider how flexible arrangements may affect team coverage, workloads, and productivity.
4. Use Technology – Ensure systems support remote or hybrid working, scheduling adjustments, and performance monitoring.
5. Communicate Clearly – Make employees aware of their rights and the process for submitting requests.

By preparing in advance, employers can respond confidently and consistently. Contact our Employment Law experts if you would like a tailored review of your policies and processes.

Strategic Benefits of Flexible Working

While the right to request flexible working from day one may seem like a challenge, it offers notable advantages for employers:

1. Improved recruitment and retention – Modern employees value flexibility, making roles more attractive to top talent.
2. Enhanced productivity and engagement – Employees with control over their schedules often demonstrate greater motivation and efficiency.
3. Reduced absenteeism – Flexible arrangements allow employees to manage personal commitments without taking unscheduled leave.
4. Stronger employer brand – Businesses known for supporting flexible work are more appealing to both candidates and clients.

Approached strategically, flexible working can contribute to a more resilient, loyal, and satisfied workforce.

Conclusion

The right to request flexible working from day one is set to become a key feature of UK employment law. Employers who update policies, train managers, and plan operationally will not only remain compliant but can also leverage flexibility as a tool for attracting and retaining talent.

By proactively addressing flexible working requests, businesses demonstrate their commitment to modern, inclusive employment practices while reducing legal risk.

If you would like expert guidance on reviewing or updating your organisation’s flexible working policies, contact our Employment Law team at Bowcock & Pursaill today.