Urging employers to stay compliant with flexible working laws

Urging employers to stay compliant with flexible working laws

10th June 2025

Focus on hybrid working, fair policies, and documentation

Our Employment Law team are reminding employers of the importance of complying with flexible working laws, especially as hybrid and remote working continue to reshape modern employment.

Flexible working is now firmly embedded in employment rights, and employers must ensure their policies and practices are legally robust to avoid potential disputes and discrimination claims.

Flexible Working: Understanding Current Employer Obligations

Under current UK law:

  • All employees have the right to request flexible working from day one of employment.
  • Employees may make up to two flexible working requests in any 12-month period.
  • Employers must respond within two months of receiving a request unless an extension is agreed.
  • If refusing a request, employers must provide a valid reason based on one of the eight statutory business grounds.
  • Employees no longer need to explain the potential impact of their request on the business.

Employment Solicitor Kerry Hudson, stresses the practical importance:

“Employers must treat flexible working requests seriously and respond in a timely, documented, and fair manner. Ignoring or mishandling requests — particularly where they relate to carers, parents, or disabled employees — can expose businesses to discrimination risks.

There is no automatic right for employees to work flexibly, but employers are required to properly consider all requests and clearly communicate any refusals with evidence.

Hybrid and remote working arrangements must also be treated consistently and fairly across teams to prevent inadvertent disadvantage to any group of employees.”

Managing Sickness Absence in a Hybrid Workplace

We would also like to remind employers that managing sickness absence requires equal treatment for remote, hybrid, and office-based staff.

Absence policies must be applied consistently to avoid claims of unfair treatment. Employers should engage in regular dialogue with absent employees, offer support for returning to work, and make reasonable adjustments when necessary.

Introducing clear review triggers — such as meetings after a set number of absences — can help maintain transparency and fairness across the workforce.

Action Points for Employers

We recommend businesses act now to:

  • Review and update flexible working policies to reflect current law and best practice.
  • Update employment contracts and handbooks to support flexible and hybrid working frameworks.
  • Train managers and HR teams to properly handle flexible working requests and sickness absence.
  • Maintain clear documentation of all decisions regarding flexible working and sickness management.
  • Ensure consistent application of policies across hybrid, remote, and office-based workers.

A Competitive Advantage Through Compliance

With flexible working requests becoming increasingly common, and tribunals expecting employers to follow proper procedures, businesses must take proactive steps to ensure compliance.

Kerry concludes:

“The way employers handle flexible working requests reflects directly on their workplace culture. Those who approach requests fairly and transparently are not only protecting their businesses legally, but also enhancing their ability to attract and retain top talent.”

If you require employment law services and would like to discuss your situation with an expert employment solicitor, then please contact us. We offer employment services to both Employers and Employees and our team are very happy to discuss your requirements with you.