What SMEs Need to Know About Flexible Working Requests and How to Align with HR Chest Policy
01 Sep 2025
Published in: Member News
Since April 2024, employees can request flexible working from day one. SMEs must update policies, train managers, and respond quickly. Clear, fair processes aligned with HR Chest support compliance, retention, and staff wellbeing.
Flexible working is not new, but recent changes to employment law mean that small and medium sized businesses must now treat it as a legal requirement, not just an optional perk. For SMEs, understanding the revised rules and ensuring that internal policies, such as those within the HR Chest framework, are updated is essential. If you have not yet reviewed your flexible working approach since the law changed in April 2024, now is the time.
From 6 April 2024, all employees in the UK gained the legal right to request flexible working from their first day of employment. The previous qualifying period of 26 weeks no longer applies. Alongside this, employees are now entitled to make two formal flexible working requests within any 12 month period. This is a significant shift in favour of employee choice, and employers are expected to have fair and transparent processes in place to respond.
Timeframes have also changed. Employers now have two months to make a decision on any flexible working request, including the completion of any appeal process. This reduced window places pressure on businesses to have clear procedures and trained managers in place to avoid delays or missteps.
For organisations using HR Chest to manage their HR processes, these legislative updates mean that the flexible working policy should now be reviewed and revised. The policy needs to explain clearly who is eligible to make a request (which now includes all staff from day one), what types of flexible working are available (e.g. hybrid working, compressed hours, part time roles, job sharing and term time only arrangements) and how decisions will be made and communicated.
Although the right to request is now more widely available, businesses still have the ability to refuse a request on statutory grounds. These include reasons such as the burden of additional costs, detrimental impact on customer service, or an inability to reorganise work among existing staff. However, refusal must be based on sound business reasoning and handled sensitively. A full consultation process is considered best practice and is increasingly expected in any challenge or complaint.
Manager training is now a priority. In many SMEs, line managers are not confident when it comes to handling flexible working requests, especially in roles where operational cover is critical. Ensuring that they understand the process, the law, and the limits of discretion is vital. The policy should include a step by step guide — from written acknowledgement of the request to holding a meeting with the employee and issuing a timely decision in writing. Where appropriate, offering a right to appeal adds fairness and balance to the process.
It is also worth considering trial periods. These allow both parties to test a new working arrangement before confirming any permanent change. If successful, the revised terms should be confirmed in writing and included in the employee’s contract of employment. This helps avoid future ambiguity and provides legal clarity.
The wider business benefits are well known. Flexible working has been shown to improve staff retention, attract a wider range of candidates and support wellbeing and engagement. For SMEs, it can also help to build a reputation as a modern and fair employer. But to achieve this, policies must be up to date, fairly applied, and clearly communicated.
If your flexible working policy has not been reviewed since April, or if you are unsure whether your current process reflects the legal changes, now is the right time to act. Ensuring your HR Chest documentation and procedures are legally compliant and operationally sound will help you avoid costly mistakes and support a more agile and resilient workforce.
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