As the summer holidays draw to a close, many employers expect to see an increase in requests for flexible working. Parents who have spent six weeks juggling childcare, holiday clubs, annual leave and family commitments often take the opportunity to re-examine their working arrangements ahead of the new school term. As a consequence, for HR teams and managers, September can become one of the busiest periods of the year for flexible working conversations.
As flexible working is now firmly embedded in workplace culture and supported by updated legislation, employers need to be ready to handle requests fairly, consistently and – most importantly – lawfully.
Why September brings a surge in requests
The return to school creates a natural trigger for employees to review how work fits around family life. Parents may need to accommodate school drop-offs and pick-ups, term-time childcare arrangements, after-school activities or changes in caring responsibilities.
The COVID pandemic saw a big increase in flexible working and – six years later – demand remains high. Hybrid working, compressed hours, amended start and finish times, part-time schedules and term-time working arrangements continue to be among the most requested forms of flexibility. ACAS notes that flexible working can improve work-life balance, support wellbeing, aid retention and recruitment, as well as helping to create more inclusive workplaces.
For employers facing ongoing skills shortages and competition for talent, handling these requests effectively is both a compliance exercise and a strategic people management issue.
Understanding the current legal framework
The legal landscape for flexible working changed significantly in April 2024. Under the Employment Relations (Flexible Working) Act 2023 and related regulations, employees now have a statutory right to request flexible working from their first day of employment. Previously, employees needed 26 weeks’ continuous service before making a statutory request.
The reforms also introduced several other important changes:
- Employees can make two statutory flexible working requests in any 12-month period.
- Employers must reach a decision within two months unless an extension is agreed.
- Employers must consult with employees before refusing a request.
- Employees no longer need to explain the effect of their request on the business or suggest solutions.
Importantly, there is still no automatic right to work flexibly. Employees have a right to request flexible working, not a right to receive it. Employers may still refuse requests where one of the eight legitimate business grounds exists.
Avoid treating flexible working requests as an inconvenience
A common mistake employers make is approaching requests solely from an operational perspective. While business needs will remain an important consideration, the ACAS Code of Practice encourages employers to start from a position of looking at what may be possible rather than focusing on why a request cannot be accommodated. The Code highlights the benefits flexible working can bring to both employers and employees and recommends constructive, open-minded discussions.
This mindset is particularly valuable during the back-to-school period, when requests often stem from genuine childcare responsibilities rather than just employee preference.
Managers should therefore approach conversations with empathy and remain open to exploring practical solutions. In many cases, accommodating a valued employee may prove far less costly than losing and replacing them.
Follow a fair process
The process followed is often just as important as the decision reached.
Where employers do not intend to grant a request in full, they must consult with the employee before making a final decision. Consultation should involve a genuine discussion about the request, any operational concerns and possible alternatives.
Good practice includes:
- Meeting with the employee promptly.
- Exploring how the proposed arrangement would work in practice.
- Considering alternative forms of flexibility if the original proposal is difficult to accommodate.
- Reviewing any effect on customers, colleagues and service delivery.
- Documenting discussions and decisions clearly.
Ensuring that the process is well-documented can significantly reduce the risk of grievances, tribunal claims and employee relations issues.
Employers should also ensure decisions are made within the statutory two-month timeframe, including any internal appeal process.
Consider alternatives before refusing
Not every request will be workable as set out in the employee’s proposal. For example, a parent may request a permanent 8am to 4pm schedule to accommodate school pick-ups. The business may genuinely require evening customer coverage. However, that does not necessarily mean the request should be rejected outright. Alternative options might include:
- Hybrid working arrangements.
- Compressed hours.
- Adjusted start and finish times on specific days.
- A temporary trial period.
- Job sharing.
- Term-time working arrangements.
ACAS guidance specifically encourages employers to consider partial acceptance or alternative solutions where the original request cannot be accommodated fully.
Often, a collaborative approach can achieve a workable outcome for both parties.
Ensure consistency across the organisation
September flexible working requests can quickly expose inconsistencies in management decision-making. Employees will understandably compare outcomes across teams and inconsistent treatment can damage trust. It can also increase legal risk where decisions appear arbitrary or unfair.
Employers should therefore ensure that managers understand:
- The statutory framework.
- Internal flexible working policies.
- The importance of objective decision-making.
- Documentation requirements.
- Escalation procedures where necessary.
A central HR review process can help maintain consistency, particularly in larger organisations.
Be alert to discrimination risks
Although flexible working requests are governed by specific legislation, employers should also be mindful of broader equality considerations.
Although caring responsibilities are not limited to women, women continue to undertake a disproportionate share of childcare responsibilities in many households. As a result, declining flexible working requests without proper justification can sometimes give rise to indirect sex discrimination claims if policies or practices disadvantage women in particular. Similar considerations may arise in relation to disability, caring responsibilities and other protected characteristics. Employers should therefore ensure any refusal is supported by evidence and based on genuine business requirements rather than assumptions about attendance, commitment or productivity.
Beyond compliance – bringing in the benefits
The most successful employers increasingly view flexible working as a retention and engagement tool rather than simply a legal obligation. Employees who feel trusted and supported are often more engaged, productive and likely to remain with the organisation. At a time when recruitment costs remain high, retaining experienced staff through reasonable flexibility can provide significant commercial benefits.
