• Remote or hybrid working 

• Flexible start and finish times 

• Compressed or part-time working 

• Job sharing 

• Annualised hours and staggered schedules 

Flexible working allows individuals and businesses to better balance professional demands with personal commitments, improving productivity and wellbeing. 

Currently, the statutory right to request flexible working applies to employees. Since April 2024, employees have had the right to request flexible working from the first day of employment (previously, a 26-week qualifying period applied). 

Freelancers, consultants, contractors, and self-employed workers do not have a statutory right to request flexible working. Any flexibility for these groups comes from: 

• Contractual agreements 

• Negotiated terms with the businesses they work with 

• Market expectations around flexibility in project-based or freelance work 

Although not entitled to statutory protections, freelancers and contractors often have more scope to set their own working arrangements. 

The government believes that the existing framework, allowing only a right to request rather than a stronger entitlement, has been insufficient. Individuals often feel that requests are dismissed too easily, and the current rules are seen as too weighted towards the decision-makers. The goal is to make flexible working more accessible and reflective of modern, dynamic working practices. 

Some important changes have already come into effect. Since 6 April 2024, individuals in employed roles have the right to request flexible working from the first day of employment. 

Additional proposed changes in the Employment Rights Bill include: 

• Decision-makers can only refuse a request based on one of eight specified statutory grounds, and only if it is reasonable to do so. 

• Decision-makers must consult with the individual before refusing a request. 

• Decisions must be communicated in writing, stating the reasons and why refusal is considered reasonable. 

• There may be an increase in tribunal claims if refusals are not well justified. 

Important Note: These additional changes are not yet in force. The Employment Rights Bill is still progressing through Parliament and, if passed, the further provisions are expected to take effect in 2026. 

Refusal may be based on one or more of the following reasons: 

1. Burden of additional costs 

2. Detrimental effect on ability to meet customer demand 

3. Inability to reorganise work among existing staff 

4. Inability to recruit additional staff 

5. Detrimental impact on quality 

6. Detrimental impact on performance 

7. Insufficient work during requested periods 

8. Planned structural changes 

While these rules do not apply to freelancers, contractors, or consultants, businesses may increasingly adopt flexible approaches more broadly to remain competitive and attract diverse talent. Flexibility for these groups remains subject to negotiation and mutual agreement.