A written flexible working policy is one of the most useful documents a small employer can have, because it turns an area of law that is easy to get wrong into a process that managers can follow consistently. Without one, decisions tend to be made on an ad hoc basis, different employees receive different treatment for no defensible reason, and the business is exposed to legal risk.
Our team at GAP HR spends a considerable amount of time drafting and reviewing handbooks and policies for small businesses, including flexible working policies. Contact us now to make an enquiry, and we will be delighted to assist you.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
Why Does A Small Business Need A Flexible Working Policy?
The statutory framework sets out what an employer must do when they receive a flexible working request, but it says nothing about how your particular business should do it. A well-written policy fills that gap. It tells employees how to submit a request and what to expect, and it tells managers what steps they need to take and in what order.
The practical benefit is consistency and, in turn, legal compliance. Where two employees in similar roles make similar requests and receive different answers without a clear operational explanation, the employer is exposed to legal proceedings. A policy gives decision-makers a common framework, which makes inconsistent outcomes far less likely and much easier to justify where they do arise for genuine reasons.
What Should A Flexible Working Policy Contain?
At a minimum, a flexible working policy should explain who is eligible to make a request, how to make one, and what it must include. It should set out the timescales, including the two-month decision period, and describe how requests will be considered, who will make the decision, and how the outcome will be communicated to the employee.
It should also cover the meeting stage, the possibility of discussing alternatives or trial periods, and the appeal process. Beyond the procedure, the policy may also detail the forms of flexible working the business is realistically able to offer, and any operational constraints that apply to particular roles.
Should The Policy Be Contractual?
In most cases, the policy itself should be expressed as non-contractual, so that it can be updated as the law and the business change without needing to vary every employee’s terms. This should be stated clearly within the document.
On the other hand, where a flexible working request is granted, the change to hours, times or place of work will normally be a permanent variation of the employee’s contract. Unless the parties agree otherwise, the employer cannot simply revert to the previous arrangement later because it no longer suits the business. Any trial period or temporary arrangement should be documented as such at the outset to avoid becoming legally binding.
How Should The Employment Rights Act 2025 Shape Your Policy Now?
The Employment Rights Act 2025 is expected to introduce a reasonableness test for flexible working request refusals together with a prescribed consultation process, with commencement anticipated in 2027. Employers do not need to rewrite their policies immediately, but they should be designing them with those changes in view.
In practice, that means building an evidence-based approach into the document. If your policy already requires managers to record the operational reasoning behind a decision, to consult meaningfully before refusing, and to explain the reasoning to the employee, then the coming changes will require adjustment rather than reconstruction. Policies that simply direct a manager to pick one of the permitted business reasons will not survive the new test.
How Do You Keep Decisions Consistent Across The Business?
You should keep a central record of requests received, decisions made, and the reasons behind them, so that the business can see its own pattern of decision-making rather than relying on individual recollection and can make decisions consistently.
This matters because flexible working requests are frequently made by employees with caring responsibilities, by disabled employees, or in connection with religious observance. A refusal that is procedurally sound can still give rise to an indirect discrimination claim, where compensation is uncapped. Consistent, documented reasoning offers the best protection against that.
How Often Should A Flexible Working Policy Be Reviewed?
A flexible working policy should be reviewed whenever the law changes and whenever the business changes materially, such as a new site, a shift in operating hours, or significant growth in headcount.
It is also worth reviewing the policy in light of your own experience of using it. If managers have applied a particular process incorrectly, if requests have repeatedly faced issues at the same point, or if the timescales have proved difficult to meet in practice, those are signs that the document does not align with your commercial reality.
How Can GAP HR Help With Your Flexible Working Policy?
We draft flexible working policies that fit the way your business actually operates rather than issuing a generic template. We will make sure the document reflects current law, anticipates what is coming, and gives your managers something they can genuinely use.
All initial enquiries are free of charge and without obligation, and we are always happy to look over what you already have or prepare a new document from scratch.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
