Employer Response to Flexible Working Requests: Timeline and Process

Employers must follow a specific process when responding to flexible working requests. Get it wrong and you risk tribunal claims, discrimination complaints, and damage to employee relations.

The 2-Month Deadline

Total Process Timeline

From receipt of request to final outcome: Maximum 2 months.

This includes:

• Acknowledging the request
• Arranging and holding consultation meeting
• Considering the request
• Making a decision
• Handling any appeal
• Communicating final outcome

All must complete within 2 months unless you agree an extension in writing with the employee.

Why 2 Months?

Changed from 3 months in April 2024 to speed up the process and reduce uncertainty for employees.

Impact: Less time to consider and plan. Need to act promptly.

Extending the Deadline

You can extend if:

• Employee agrees in writing
• Extension is reasonable

How to request extension: "We'd like to extend the deadline by 1 month to [new date] to allow full consideration. Do you agree?"

Employee must agree in writing (email is fine).

What If You Miss the Deadline?

Employee can:

• Treat it as a deemed refusal
• Claim at employment tribunal for failing to follow procedure
• Compensation: Up to 8 weeks' pay (currently capped at £700/week = £5,600 max)

Step-by-Step Response Process

Step 1: Acknowledge (Within Days)

As soon as you receive a request:

• Acknowledge receipt (email is fine)
• Confirm you'll arrange a consultation meeting
• Indicate timescale

Example acknowledgment:

"Thank you for your flexible working request dated [date]. I confirm I've received it and will arrange a meeting to discuss it within the next 2 weeks. The process will complete within 2 months of your request date."

Step 2: Initial Consideration (Within 1-2 Weeks)

Review the request:

• What change is being requested?
• Is it feasible in principle?
• What are the potential impacts?
• Are there any obvious issues?
• Could modifications work?

Consider:

• Business needs
• Team capacity
• Customer service
• Costs
• Practical logistics

Prepare for the meeting:

• List questions to ask
• Identify concerns
• Think about alternatives

Step 3: Consultation Meeting (Mandatory)

Since April 2024: You MUST meet with the employee to discuss the request before making a decision.

When: Within 2-4 weeks of receiving request (earlier if possible).

Who should attend:

• Employee (they can bring a colleague)
• Line manager or decision-maker
• HR representative (optional but recommended)

Purpose:

• Understand the request fully
• Discuss any concerns
• Explore alternatives or modifications
• Give employee chance to respond to concerns
• Build mutual understanding

Discussion points:

• Why they want the change
• How the proposed arrangement would work in practice
• Any concerns you have
• Impact on team/customers/business
• Alternatives (if original request has issues)
• Trial period option

Take notes: Record key points discussed, concerns raised, alternatives considered.

Tone: Collaborative, not adversarial. Approach with open mind.

Step 4: Decision-Making (Within 1-2 Weeks After Meeting)

Consider:

• Can you accommodate the request?
• Would any of the 8 refusal grounds apply?
• Could a modified version work?
• Would a trial period help?

Consult others if needed:

• Other team members (carefully - don't breach confidentiality)
• Senior management (if significant business impact)
• HR (for consistency and legal compliance)

Make your decision:

1. Approve - agree to the request as made
2. Modified approval - propose alternative arrangement (needs employee agreement)
3. Refuse - for one of the 8 valid business reasons

Step 5: Communicate Decision (In Writing)

Within 2 months of original request (ideally within 1-2 weeks of decision).

Must be in writing (email is fine).

If approving:

• Confirm what's been agreed
• Start date
• Whether permanent or trial
• Next steps (contract amendment)

If refusing:

• State which of the 8 grounds applies
• Explain why that ground applies to this specific request
• Explain appeal process

Example approval:

"Following our meeting on [date], I'm pleased to confirm that your flexible working request has been approved. You will work from home on Tuesdays and Thursdays each week, starting from 1 September 2025. This is a permanent change and your contract will be updated accordingly."

Example refusal:

"Following our meeting on [date] and careful consideration, I must refuse your request to reduce to 3 days per week. The refusal is based on 'inability to reorganise work among existing staff' (one of the 8 statutory grounds).

Specifically, your role covers essential client meetings Monday to Friday, and we cannot redistribute this work among the existing team without impacting client service. We explored job-sharing but were unable to find a suitable candidate. If you wish to appeal this decision, please submit your appeal in writing within 14 days."

The Consultation Requirement

Why It's Mandatory

Before April 2024: Consultation was best practice but not required.

Since April 2024: Mandatory. You must consult before refusing.

Reason: Ensures proper consideration and gives employee opportunity to address concerns.

What "Consultation" Means

Minimum requirement:

• Face-to-face or video meeting (not just email exchange)
• Meaningful discussion of the request
• Listen to employee's explanation
• Raise concerns and give employee chance to respond
• Explore alternatives

Not acceptable:

• Email-only exchange
• Pre-decided outcome with token "consultation"
• Refusing to discuss genuinely

Who Should Lead the Consultation?

Ideal: Line manager who understands the role and team.

Alternatives: HR, senior manager (if line manager unavailable).

Not ideal: Someone with no knowledge of the role or team dynamics.

Consultation Meeting Agenda

Suggested structure:

1. Welcome and purpose (5 mins)

   • Explain this is consultation meeting for their flexible working request
   • Confirm they can be accompanied by a colleague

2. Employee explains request (10 mins)

   • Why they want this arrangement
   • How they see it working
   • Any flexibility on details

3. Employer raises questions/concerns (15 mins)

   • Practical questions
   • Business concerns
   • Impact on team/customers

4. Explore alternatives (10 mins)

   • If original request has issues, discuss modifications
   • Trial period option
   • Phased implementation

5. Next steps (5 mins)

   • Explain you'll consider and respond within [timeframe]
   • Decision will be in writing
   • Appeal process if refused

Total time: 45-60 minutes typically.

Assessing the Request

Questions to Ask

Operational:

• Can the work be done with this arrangement?
• How would tasks be covered?
• Impact on team coordination?
• Customer service implications?

Practical:

• Technology/equipment needs (if working from home)?
• Access to systems?
• Communication arrangements?
• Supervision/management considerations?

Financial:

• Any additional costs?
• Cost of covering work?
• Equipment costs?
• Recruitment costs if cannot reorganise?

Team:

• Impact on colleagues?
• Would it set a precedent?
• Could team accommodate it?
• Morale implications?

Considering Modifications

If the original request has issues, consider:

• Different days/hours
• Shorter reduction (e.g., 4 days instead of 3)
• Hybrid instead of full remote
• Trial period first
• Phased implementation

Example:

• Request: 3 days/week
• Concern: Too much work to cover
• Modification: Offer 4 days/week

Get employee agreement for any modification.

The 8 Grounds for Refusal

You can only refuse for one of these 8 reasons:

1. Burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficiency of work during the periods proposed
8. Planned structural changes

(See separate guide for detailed explanation of each ground)

Key point: Must genuinely apply to this specific request. Cannot use generic reasons.

Multiple Requests

Employee Can Make 2 Per Year

If you receive a second request:

• Consider it on its merits (don't penalise for previous request)
• Cannot refuse just because they've requested before
• Apply same process

Pattern of Requests

If employee repeatedly requests same thing:

• Still must consider properly
• But can refuse if circumstances haven't changed

Discrimination Risks

Be Careful Of

Indirect discrimination: Refusing flexible working may disproportionately affect certain groups.

High risk groups:

• Women (more likely to request part-time after children)
• Disabled employees (may need it as reasonable adjustment)
• Older workers (may need flexibility for health)
• Parents/carers

If refusing requests from these groups:

• Ensure you have objective justification
• Document business reasons clearly
• Consider whether it's proportionate
• Check for consistency in how you treat similar requests

Reasonable Adjustments

If employee is disabled and requesting flexible working as a reasonable adjustment:

• Different legal test (Equality Act 2010)
• Must make adjustment unless genuinely not reasonable
• Higher threshold than flexible working refusal grounds

Consider under both frameworks and apply whichever is most favorable to employee.

Documentation

What to Keep

For each request:

• Original request
• Acknowledgment
• Meeting invitation
• Notes from consultation meeting
• Analysis of request
• Decision rationale
• Decision letter
• Any appeal documentation

Why:

• Defend tribunal claims
• Demonstrate fair process
• Show consistency across employees
• Learn from past requests

Retention: At least 2 years (longer if possible).

Common Scenarios

Scenario 1: Request You Can Easily Accommodate

Action: Approve promptly. No need to use full 2 months if decision is straightforward.

Scenario 2: Request Needs Modifications

Action: Discuss alternatives in consultation meeting. Propose modification if employee agrees.

Scenario 3: Request Would Set Unwanted Precedent

Be careful: Cannot refuse just because others might ask. Must assess this specific request on its merits.

But: Impact on team is a valid consideration under "inability to reorganise work" ground.

Scenario 4: Trial Period Appropriate

Action: Offer trial (e.g., 3-6 months) with review. Agree criteria for success.

Appeals

Offer an Appeal Process

Not legally required but strongly recommended.

Process:

• Employee appeals in writing within [reasonable timeframe, e.g., 14 days]
• Different manager hears appeal if possible
• Appeal meeting held
• Decision confirmed in writing
• All within 2-month overall deadline

Appeal Grounds

Employee might appeal based on:

• Process not followed properly
• Refusal ground doesn't actually apply
• Didn't properly consider alternatives
• Discrimination concerns

Appeal should:

• Reconsider the decision
• Check process was fair
• Consider any new information
• Make final decision

Key Takeaways For Employers

• 2-month deadline for entire process (acknowledge, consult, decide, appeal)
• Consultation mandatory - must meet with employee before deciding
• Only 8 grounds for refusal - must genuinely apply
• Document everything - notes, decisions, reasons
• Watch for discrimination - indirect discrimination risks
• Consider modifications - trial periods, alternatives
• Act promptly - 2 months passes quickly
• Be consistent - treat similar requests similarly

Responding properly to flexible working requests protects you legally, maintains good employee relations, and may help you retain valuable staff.