What is Flexible Working? Types and Benefits Explained

Flexible working has become mainstream. Understanding what it means, the different types available, and your rights helps both employees and employers navigate this increasingly common way of working.

Definition of Flexible Working

Flexible working means working arrangements that differ from the traditional pattern of full-time office-based employment with fixed hours.

Traditional pattern:

• Monday to Friday
• 9am to 5pm (or similar fixed hours)
• Office-based
• 35-40 hours per week

Flexible working changes:

• Hours (how many hours you work)
• Times (when you work)
• Location (where you work)
• Pattern (how your hours are distributed)

Statutory vs Contractual Flexible Working

Statutory Right

Since April 2024: All employees have a statutory right to request flexible working from day one of employment.

Key points:

• Right to request (not automatic right to have it)
• Employer must consider the request properly
• Employer can refuse for valid business reasons
• Employee can make 2 requests per 12 months
• Process must complete within 2 months

This applies to all employees, regardless of:

• Length of service (from day one)
• Whether they have children
• Age
• Any other factor

Contractual Flexible Working

Contractual flexible working is when your employment contract specifies a flexible arrangement.

Examples:

• Contract states you work 3 days per week (part-time)
• Contract specifies you work from home 2 days per week
• Contract allows flexitime between 7am-7pm

Once in your contract:

• It's a contractual term
• Employer cannot unilaterally change it
• Protected like any contract term

The Difference

Statutory right: Right to ask, not right to have. Employer can refuse for business reasons.

Contractual right: Already agreed and in your contract. Cannot be removed without your agreement.

Main Types of Flexible Working

1. Part-Time Working

What it is: Working fewer hours than full-time (usually less than 35 hours per week).

Examples:

• 3 days per week instead of 5
• 25 hours per week instead of 37.5
• Mornings only (e.g., 9am-1pm)

Common for: Parents, carers, people with health conditions, those nearing retirement.

2. Compressed Hours

What it is: Working full-time hours in fewer days.

Examples:

• 37.5 hours over 4 days instead of 5 (e.g., 4 × 9.5-hour days)
• 9-day fortnight (full-time hours over 9 days instead of 10)

Benefits: Extra day off each week or fortnight, better work-life balance.

Considerations: Long working days, potential fatigue.

3. Flexitime

What it is: Flexible start and finish times within agreed parameters.

Examples:

• Core hours 10am-3pm, can start anytime 7am-10am, finish 3pm-7pm
• Accumulate extra hours to take time off
• Carry hours forward between months

Benefits: Avoids rush hour, accommodates personal commitments, autonomy.

4. Job Share

What it is: Two people share one full-time role, each working part-time.

Examples:

• Each person works 2.5 days per week
• One works Mon-Wed morning, other Wed afternoon-Fri
• Split responsibilities by task or time

Benefits: Retains skills, provides cover, combines different strengths.

Considerations: Requires strong communication and handover.

5. Working from Home (Remote Working)

What it is: Working from home full-time instead of the office.

Benefits: No commute, cost savings, better concentration for some tasks.

Considerations: Isolation, harder to collaborate, needs home workspace.

6. Hybrid Working

What it is: Splitting time between office and home.

Examples:

• 2 days in office, 3 days home
• Mondays and Fridays from home, Tue-Thu in office
• Flexible pattern (choose which days each week)

Benefits: Balance of collaboration and focus time, some commute savings.

Became mainstream after COVID-19 pandemic.

7. Staggered Hours

What it is: Different start and finish times to standard office hours.

Examples:

• Starting 7am instead of 9am (finishing 3pm instead of 5pm)
• Starting 11am, finishing 7pm

Benefits: Avoids rush hour, accommodates school runs or caring responsibilities.

8. Annualized Hours

What it is: Working a set number of hours per year, with flexible distribution.

Examples:

• 1,950 hours per year, working more in busy periods, less in quiet periods
• Common in seasonal businesses

Benefits: Matches business needs with employee flexibility.

9. Term-Time Working

What it is: Working only during school term times, unpaid (or reduced pay) during school holidays.

Common for: Parents who want to be home during school holidays.

Structure: Usually contracted for specific weeks per year (e.g., 39 weeks).

10. Shift Swapping

What it is: Flexibility to swap shifts with colleagues.

Benefits: Accommodates personal appointments, emergencies, preferences.

Requires: System for managing swaps, manager approval.

Benefits of Flexible Working

For Employees

Work-life balance:

• More time for family, caring responsibilities
• Reduced commuting time and cost
• Better control over schedule

Wellbeing:

• Reduced stress
• Better health (less commuting, more sleep, more exercise time)
• Increased job satisfaction

Career:

• Ability to stay in workforce (e.g., after having children)
• Opportunities for study or second jobs
• Extended working life

Financial:

• Reduced travel costs
• Reduced childcare costs (for some arrangements)
• Savings on work clothes, lunches

For Employers

Talent attraction and retention:

• Attracts wider talent pool
• Retains experienced staff (especially parents, carers)
• Competitive advantage in recruitment

Productivity:

• Employees more focused and motivated
• Reduced absenteeism
• Better performance when work-life balance improved

Cost savings:

• Potential to reduce office space (hybrid/remote)
• Lower overheads
• Less sick leave

Diversity:

• Enables parents (mostly women) to work
• Supports disabled employees
• Accommodates different working preferences

Business resilience:

• Wider coverage (staggered hours, part-time roles)
• Better continuity (job shares provide cover)

Common Misconceptions

Misconception 1: "Flexible working is just for parents"

Reality: Anyone can request flexible working. While parents are a common group, requests come from carers, people with health conditions, older workers, and those wanting better work-life balance.

Misconception 2: "Part-time workers are less committed"

Reality: Part-time workers are often highly productive, focused, and loyal. Many choose part-time to balance other responsibilities while staying in their careers.

Misconception 3: "You need to give a reason to request flexible working"

Reality: Since April 2024, employees no longer need to explain the impact on the employer or suggest solutions. They simply request the change they want.

Misconception 4: "Flexible working means lower pay"

Reality: It depends on the type. Part-time working means pro-rata pay (proportional to hours). But compressed hours, flexitime, and hybrid working don't necessarily mean less pay - you're still working the same total hours.

Misconception 5: "Once agreed, flexible working can be changed back easily"

Reality: If flexible working becomes a contract term, it's permanent unless both parties agree to change it. Employers cannot unilaterally revert you to previous hours.

Misconception 6: "Flexible workers miss out on promotions"

Reality: This shouldn't happen (and may be discrimination), but "flexibility stigma" exists in some workplaces. Best employers ensure flexible workers have equal opportunities.

Who Uses Flexible Working?

Demographics

Women: 42% work part-time (vs 13% of men). Common after having children.

Parents: High proportion request flexible working to manage childcare.

Carers: Those caring for elderly or disabled relatives often need flexibility.

Older workers: Phased retirement through reducing hours.

Disabled workers: Flexible working as a reasonable adjustment.

Everyone: Post-pandemic, hybrid working used by people across all demographics.

Sectors

High flexible working:

• Public sector (healthcare, education)
• Professional services
• Technology
• Customer service (shift-based)

Lower flexible working:

• Manufacturing (production line-based)
• Retail (customer-facing)
• Hospitality (service-based)

(Though even these sectors offer shift flexibility, part-time options)

Flexible Working and the Law

Employment Rights Act 1996

Gives the statutory right to request flexible working (as amended 2024).

Equality Act 2010

Protects against discrimination. Refusing flexible working may be indirect discrimination if it disproportionately affects a protected group (e.g., women, disabled people).

Working Time Regulations 1998

Set maximum working hours. Compressed hours arrangements must comply (e.g., can't work 60-hour weeks without opt-out).

How Flexible Working Requests Work

Process (briefly):

1. Employee makes request in writing
2. Employer must consult with employee
3. Employer decides (agree, modify, or refuse for valid reason)
4. Decision communicated within 2 months
5. Employee can appeal if refused

(See separate guides for detailed process)

Flexible Working in Different Contexts

During Probation

Employees can request flexible working from day one, including during probation.

After Maternity Leave

Very common time to request flexible working. Employers should consider carefully - refusing without good reason risks sex discrimination claims.

As a Reasonable Adjustment

Disabled employees may need flexible working as a reasonable adjustment under Equality Act. Higher threshold to refuse than standard flexible working requests.

In Redundancy Situations

Flexible working (e.g., part-time) may be an alternative to redundancy. Consider offering it before making redundancies.

Temporary vs Permanent Flexible Working

Permanent

Most flexible working requests result in permanent contract changes.

Once agreed and written into the contract, the arrangement continues indefinitely.

Temporary (Trial Period)

Employers can offer a trial period (e.g., 3-6 months) to assess whether the arrangement works.

After the trial:

• Make permanent if successful
• Revert to old arrangement if unsuccessful
• Extend trial if unclear

Employee retains right to revert during trial.

Modern Trends

Hybrid Working as Standard

Post-COVID, hybrid working (office + home) has become the norm in many sectors.

Typical patterns:

• 2-3 days in office, rest from home
• Flexible choice of which days
• Team days in office for collaboration

Four-Day Week

Some employers experimenting with four-day weeks (full-time pay for 4 days' work).

Early results show maintained productivity with better wellbeing.

Results-Focused Work

Shift from "hours worked" to "outcomes achieved". Employees trusted to manage their time as long as work gets done.

Key Takeaways

• Flexible working = any deviation from standard full-time office-based 9-5 pattern
• Types include: part-time, compressed hours, flexitime, job share, remote, hybrid, and more
• Statutory right to request from day one (since April 2024)
• Contractual flexible working is protected and cannot be unilaterally changed
• Benefits both employees and employers when implemented well
• Not just for parents - anyone can request it
• Increasingly mainstream - hybrid working now the norm in many sectors

Flexible working is here to stay. Understanding the options and your rights helps you make informed decisions about your working arrangements.