Flexible employment contracts in response to flexible working requests

Flexible working has become a key part of modern employment, and in the UK, all employees have the right to request flexible working from their first day of employment.

As an employer, knowing how to respond to these requests and adapt your employees’ contracts to flexible contracts of employment is essential for compliance and employee satisfaction.

Here’s a guide to handling flexible working requests and drafting contracts that reflect agreed arrangements.

What is a flexible working request?

A flexible working request allows employees to formally ask for changes to their working hours, times, or location. An employee can make a request for flexible working for any reason, such as a change in dynamics at home or becoming a parent. However, they are not required to give you one.

Common flexible working requests that your employees may ask for include:

• Switching to part-time hours

• Adjusting start and finish times

• Adopting a hybrid or fully remote working arrangement

• Job sharing or compressed working weeks

Legally, you’re required to handle the request in a “reasonable manner”, meaning you must:

• Consider the request

• Respond promptly

• Consult with the employee

• Agree to the request unless one or more of the eight statutory reasons for refusal apply

Steps to create a flexible contract of employment after a request

Responding to a flexible working request is about balancing your employee’s needs with your business goals. By keeping the process fair, transparent, and collaborative, you’ll create a solution that works for everyone.

Let’s look at the steps you should take to do this:

Step 1: Understand the legal framework

Under the Employment Rights Act 1996 (as amended) and related legislation:

• Employees can submit two flexible working request per 12-month period.

• Employers must respond to the request within 2 months (or an agreed extension).

• Requests can only be refused on specific grounds, such as increased costs or a detrimental impact on quality.

Complying with these rules ensures fair treatment and reduces the risk of legal disputes. And if you’re ever in doubt it is best to seek employment law advice.

Step 2: Evaluate the request

When an employee submits a flexible working request you should:

• Assess feasibility and consider how the proposed changes will impact the team, workflow, and business needs.

• Consult with the employee to understand their reasoning for the request and explore potential adjustments or compromises.

• Be open to trial periods, allowing both parties to evaluate how the arrangement works in practice.

Step 3: Reach an agreement

If the request is approved, formalise the arrangement in writing. This can be done by amending their existing contract to a flexible contract of employment.

You should make sure that the agreement covers:

• The new working pattern, specify days, hours, or location changes.

• The duration, state whether the change is permanent, temporary, or subject to review.

If the request is denied, provide a written explanation that aligns with the legally acceptable reasons and suggest alternative solutions where possible.

It’s important to note that you can only refuse a flexible working request if one of the following statutory reasons apply:

• It would cause extra costs to your business that are damaging

• Their work cannot be redistributed to other employees

• It would cause a detrimental impact to quality of work

• It would cause a detrimental impact to the performance of the employee or others

• Your business wouldn’t be able to meet customer demand

• There is a lack of or no work to do during their proposed working times

• You are planning changes to the workforce in your business

Before drafting the adapted flexible contract make sure that you follow the steps above to remain compliant with the laws for flexible working requests. And if you need help with documentation for the above, BrightHR has every HR document you need to handle flexible working requests in our online HR document library.

Drafting a flexible employment contract

When updating or creating a contract based on a flexible working request, you should make sure the following elements are included:

Updated hours or schedule

For example: “The employee will work four days per week, Monday to Thursday, from 9:00 AM to 5:30 PM, with a 30-minute lunch break.”

Location flexibility

For example: “The employee will work remotely 2 days per week and attend the office on Tuesdays, Wednesdays, and Thursdays. Any changes to this schedule must be agreed upon in advance.”

Trial period (if applicable)

For example: “This arrangement will be reviewed after 3 months to ensure it meets the needs of both the employee and the organisation. Adjustments may be made following this review.”

Continuity of employment terms

For example: “All other terms of the employee’s original contract, including salary, benefits, and leave entitlements, remain unchanged.”

Get help with your flexible employment contracts

Managing a request for flexible working is about creating balance. By handling requests openly and thoughtfully, you’ll build trust, support your team’s needs, and create a workplace that’s adaptable.

Remember, the goal isn’t just to tick boxes—it’s to create a flexible contract of employment that benefits everyone involved. Handle it well, and you’ll see the rewards in productivity, morale, and retention.

And if you need help with managing a flexible working request or creating flexible contracts of employment, BrightHR is here. Book a demo today and discover stress free and compliant business practices.