Flexible Working: From Obligation to Opportunity

Flexible working is now a central part of how businesses attract, engage, and retain talent. New legislation came into effect in April 2024 giving employees the right to request flexibility from day one, and many small and medium-sized organisations (SME) have been asking: “what does this mean for us?”

The change looked like a compliance issue; two requests per year, two months to respond, and a duty to consult. But in practice, it represents something much more significant: a cultural shift in how we think about work.

Beyond compliance: a chance to redefine how you work

When flexible working first started gaining traction, many employers treated it as an inconvenience to be managed. Today, the most successful businesses see it as a strategic advantage. SMEs have an opportunity to be more agile than their larger competitors, adapting working practices in ways that make sense for both their people and their business. Flexibility can mean reduced sickness absence, lower staff turnover, and higher engagement. It can also bring unexpected efficiencies, such as smarter use of office space or the chance to redesign roles in ways that truly reflect business needs.

The real question: what kind of workplace do you want to build?

The law now sets a minimum standard, but the businesses that thrive will be the ones who go beyond it. Offering flexible working isn’t just about compliance; it’s about creating a workplace where people feel valued, trusted, and motivated to give their best. That doesn’t mean saying “yes” to every request. It means being open, creative, and transparent. Trial periods, tailored arrangements, and honest conversations about what will and won’t work all play a role. When employees feel heard, even if the outcome isn’t what they hoped for, they are far more likely to remain engaged and committed.

A competitive edge in a tight labour market

We’re in an era where talented people have choices. When candidates weigh up offers, they’re not only comparing salaries; they’re comparing lifestyles. Employers who understand that work-life balance matters and show that they’re listening will be the ones who attract the best people and keep them.

Every resignation hurts more, every new hire takes longer to bed in, and every absence has a bigger impact on performance. Flexibility, when thoughtfully designed, isn’t just about meeting employee needs, it’s about protecting business resilience.

Reducing absence through flexibility

One of the most immediate and tangible benefits of flexible working is a reduction in sickness absence. Allowing employees to work from home or adjust their hours can help them juggle the demands of life both inside and outside of work. Even occasional home working or a short-term change to hours or location can make a real difference to engagement and wellbeing. When employees feel they can balance personal responsibilities alongside their role, they are less likely to take unnecessary sick days and more likely to remain motivated and productive.

Save Money

It can also bring unexpected efficiencies and cost savings. For example, if several staff are not in the office full time, permanent desks for everyone may no longer be necessary. Smart hot desking arrangements can free up office space and reduce overheads. Similarly, when employees reduce their hours, their salaries adjust proportionately. If the work can still be managed in shorter hours, this naturally reduces overall salary costs, turning flexibility into a direct benefit for organisation.

Looking forward

The shift towards flexible working isn’t going away. The question is whether SMEs see it as a burden or embrace it as a chance to future-proof their business. By treating flexibility as part of a broader conversation about culture and strategy, not just policy and process, leaders can turn legal obligation into lasting opportunity.

If you’d like to explore how flexible working could be embedded in a way that supports both your people and your business, we’d be delighted to help. You can reach us on 01793 311937 for a friendly conversation about your needs, or email us at clientservices@robinsongracehr.com

Frequently Asked Questions:

1. Can an employee request flexible working from day one, and how many requests can they make?

Yes. Since the reforms that came into effect in April 2024 employees can make a statutory flexible working request from their first day of employment. An employee may make up to two statutory requests in any 12-month period, and you are expected to decide within two months unless you and the employee agree a longer decision period.

Treat the change as an opportunity to set expectations early. Make your process clear in job offers and induction materials and ensure managers know the two request limit and the two-month decision window so you avoid procedural errors that could lead to grievances.

2. What lawful reasons can an employer give for refusing a flexible working request, and do I need to explain them?

Employers can refuse a request only for one or more of the specified business reasons, such as burden of additional costs, inability to reorganise work, detrimental effect on performance or quality, inability to meet customer demand, or insufficient work during the proposed hours. You must give at least one of the permitted reasons and explain how it applies. You must also consult with the employee before refusing.

Be specific and evidence based. If you cite additional costs, outline which costs and why they are unavoidable. If you cite staffing or customer service impacts, show how the operational needs would be affected. Document the consultation and offer an appeal. Clear, transparent reasoning reduces the risk of disputes and demonstrates fairness.

3. Can I ask for a trial period if I am unsure a flexible working arrangement will work?

Yes, you can propose a trial period to test whether the arrangement is workable, but you cannot insist on one. The employee must agree to the trial. If they refuse, you need to decide whether to approve or refuse the request and follow the statutory procedure including consultation. A trial can be a pragmatic way to manage operational risk while showing willingness to be flexible.

Structure trials with clear objectives, measurable success criteria and a defined end date. Agree how performance will be reviewed and what happens if the trial is not successful. Trials are particularly useful in small teams where capacity is tight because they allow both sides to test assumptions without an immediate permanent change. Document the agreement so everyone knows what to expect.

Check out other Blogs in our series:

How to Attract More Candidates to Your Job Vacancy

Tips to support your employees’ mental health when working remotely

12 Tips to Reduce Employee Stress

The content of our blogs is intended for general information and not to replace legal or other professional advice.

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