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Flexible working is now part of everyday working life for many SMEs. A clear policy can help you respond consistently, support your people and set expectations from the start.
A clear flexible working policy helps you handle requests fairly, set expectations early and give managers a consistent process to follow. It also helps employees understand what options might be available, how to make a request and what happens next.
In this blog, we explain what a flexible working policy is, what the current UK rules mean for employers, and six key things to include in your policy.
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What is a flexible working policy?
A flexible working policy is a document that establishes the way your business approaches flexible working.
Your policy should explain which flexible working arrangements you support, how employees can make a formal request, how managers should respond, and how any agreed changes will be recorded. It should also make clear that different roles may suit different arrangements, but that requests should still be considered fairly and consistently.
But flexible working policies vary from business to business. What's right for you may not be an option for other organisations. You need to adapt your flexible working policy to support the way you want your business to operate.
Keep in mind that as of April 2024, employees can make flexible working requests from day one of a first day of a new job. They can also make two formal flexible working requests within 12 months, and employers must provide a decision with two months.
What are examples of flexible working?
Flexible working can take different forms depending on the role, the team and the needs of the business. For example, your policy might refer to:
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flexitime, where employees can vary their start and finish times around agreed core hours
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remote working, where employees work from an agreed location away from the office
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hybrid working, where time is split between home and the workplace
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compressed hours, where you allow full-time hours in fewer days
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part-time working, where the employee works fewer hours overall
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job sharing, where two people split one full-time role
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staggered hours, where start and finish times differ across the team
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annualised hours, where total hours are calculated across the year rather than each week
The right approach will depend on your business. A good policy should explain the flexible working options you are open to, while also being honest about where customer demand, operational needs or the nature of the role might affect what is possible.
What are the new employment rights for flexible working?
Since April 2024, in the UK, employees now have the statutory right to request flexible working from the first day of employment. An employee can make two statutory requests in any 12-month period, and employers must deal with each request reasonably and give a final decision, including any appeal, within two months unless both sides agree to extend the timeframe.
A formal flexible working request should be made in writing. If you cannot agree to the request in full, you should consult with the employee before making a decision. If a request is agreed, any change to working arrangements should be confirmed in writing and reflected in the employee’s employment contract where needed.
It's also worth remembering that flexible working requests can overlap with your duties under the Equality Act 2010. For example, a disabled employee may be asking for a reasonable adjustment as well as a flexible working arrangement, so employers should take extra care to consider both responsibilities properly.
What should a flexible working policy do?
A clear policy should walk managers through the formal process, step by step. That usually means asking the employee to make the request in writing, including the proposed start date and the working pattern they want to move to.
If the request cannot be agreed straight away, the next step should be a consultation meeting. This gives the employer and employee the chance to talk through the request, look at possible alternatives, and discuss whether a trial period could help test a new arrangement before any permanent change is made.
Your policy should also explain who makes the final decision, whether there is an appeal process, and how line managers are expected to support the process. This helps requests feel fairer and gives employees more confidence in the way they are handled.
6 important things to include in a flexible working policy
So what needs to be included? Let's take a look at some key components of a successful flexible working policy:
1. The kinds of flexible working you support
Start by setting out the flexible working arrangements your business is open to considering. Be as clear as you can. This helps employees understand what may be possible and gives managers a more consistent starting point when they receive a formal request.
You do not need to promise that every working arrangement will suit every role. But your policy should explain the types of arrangements you are prepared to consider, the working patterns they may involve, and any core hours or service requirements that employees need to keep in mind.
2. How you will consider requests fairly
A good policy should show that you are open to flexible working and willing to consider requests fairly. That doesn't mean every request will be possible, but it does mean every request should be looked at properly and in context.
Be clear that some roles may be easier to adapt than others, but avoid blanket wording that shuts the conversation down too early. If a request cannot work in its original form, your policy should encourage managers to look at possible alternatives and find solutions where they can.
3. How employees can submit a flexible working request
Make the process easy to follow. Your policy should explain who the request should be sent to, that it should be made in writing, and what information employees should include.
For example, you may want employees to set out the working pattern they are asking for, when they would like the change to start, whether they are asking for a temporary change or a permanent change, and any context that may help the business consider the request properly.
Line managers should also know what their role is at this stage, especially if they are the first person to receive the request or arrange the consultation meeting.
Storing any relevant documentation centrally helps make sure that it can be accessed at any time and from any place for employees and managers alike.
4. How requests will be approved, changed or refused
There's a chance you'll get flexible working requests you can't approve, for business reasons.
Your policy should explain how requests are reviewed, who is involved in the decision, and how outcomes are shared. If a request is approved, the next steps should be clear. If it's partly approved or an alternative arrangement is agreed, that should also be recorded clearly.
If a request is refused, the decision should be explained in writing and linked to a genuine business reason. Common business reasons for refusal may include issues such as additional costs, difficulty meeting customer demand, or problems reorganising work. But remember employers can only reject a statutory flexible working request on valid grounds set out in law, so your policy should reflect that and make clear that decisions will be documented properly.
You should also explain whether employees can appeal the decision, how that appeal process works, and who will review it.
ACAS offers more guidance for employers on responding to flexible working requests.
5. What employees and managers can expect
If someone is working flexibly, they still need to understand what is expected of them, and managers need to understand what support they should provide. A good policy should explain this clearly.
For example, you may want to cover availability during working hours, communication expectations, handovers, meeting attendance, use of out-of-office messages, and how performance will be measured. Where possible, focus on outcomes and good communication rather than simply the number of hours someone is visible online.
Managers also need to respect agreed arrangements. If an employee has an agreed working pattern, they should not feel pressure to ignore it unless there is a genuine and exceptional business need.
6. How you'll implement new flexible working arrangements
Your policy should explain what happens after a request is agreed. In some cases, a new arrangement may be a permanent change. In others, a trial period may be the best way to see whether the arrangement works for both the employee and the business.
If you use trial periods, set out how long they will last, what will be reviewed, and who will decide what happens next. Once an arrangement is agreed, confirm the details in writing and make any necessary updates to the employee’s employment contract or related records.
A fair flexible working policy for your small-to-medium business
A flexible working policy should do more than explain the rules. It should help your people understand what is possible, help managers handle requests consistently, and help your business make fair, practical decisions.
If you want to make flexible working easier to manage, Breathe can help you keep requests, documents and agreed arrangements in one place, so the process feels clearer for everyone involved.
Our free online learning hub, the Breathe Growth Academy, also has training available for line managers on how to handle flexible working requests fairly, without legal risk. It's bite-sized, practical and led by Associate Lawyer, Thomas Fuller from Omny Law.
FAQs about flexible working
Does an employer have to accept a flexible working request?
No. Employers don't have to accept every request, but they do have to handle statutory requests reasonably, consult before refusing, and make decisions based on genuine business reasons where a request cannot be agreed.
What are the new flexible working rules?
Employees now have the statutory right to request flexible working from day one of employment. They can make two statutory requests in a 12-month period, and employers should give a final decision within two months unless an extension is agreed.
What should a formal flexible working request include?
A formal request should be made in writing and should clearly explain the change the employee is asking for, along with the proposed start date. It can also be helpful to explain whether the request is temporary or permanent and any practical details that may support the discussion.
Can flexible working be a reasonable adjustment?
Yes, in some cases. If a disabled employee is asking for changes because of their disability, the employer may need to consider both the flexible working request process and their duties under the Equality Act 2010.
Is remote working the same as flexible working?
Remote working can be a type of flexible working, but the two are not exactly the same. Flexible working can include changes to hours, times or working patterns, while remote working is specifically about where someone works. Your policy should make clear whether remote or hybrid working is one of the flexible working arrangements you are open to considering.
What are the benefits of flexible working?
Flexible working can support better work-life balance, help employers attract and retain good people, and give employees more control over how they work. For SMEs, it can also improve engagement, reduce absence and make it easier to respond to different role and team needs.
Flexible Working
