Saying no to flexible working requests this summer

Support from an HR consultant in Ipswich to help you handle flexible working requests the right way, before the rules get even stricter.

The law around flexible working shifted in April 2024. If you missed it, you're not alone.

But the changes affect every employer, regardless of size.

What catches most business owners out is that another set of changes is arriving in October 2026, and those will make things tighter still.

As an HR consultant, I'm already helping clients prepare for what's coming. Here's what you need to know.

What actually changed in April 2024

Flexible working became a day one right. Previously, employees had to clock up 26 weeks of service before they could submit a request. That qualifying period is gone.

Anyone on your team can now ask for flexible working from the moment they start. They're also entitled to make two requests in any 12-month period, and you're required to give a written response within two months.

You can only turn down a request if it falls under one of eight specific statutory grounds. I'll come to those shortly.

What's changing in October 2026

The Employment Rights Act is introducing a reasonableness test. Right now, you can refuse a request by pointing to one of those eight grounds. From October 2026, that won't be enough on its own.

You'll need to demonstrate that your refusal was reasonable given your particular circumstances. So it's no longer just about identifying a valid ground. It's about proving the decision made sense for your business at that point in time.

That's a meaningful shift, and it's worth getting ahead of it.

The grounds you can rely on to refuse

There are eight statutory reasons for turning down a flexible working request. A few of them come up more often than others for smaller businesses, so I'll focus on those.

Extra cost to the business. If granting the request would create a genuine financial burden, that's a valid ground. But "it might cost a bit more" won't cut it. You'd need to explain what the additional costs actually are.

Impact on customer demand. If someone wants to drop a day that's critical for client-facing work, and you can't cover it, that's a legitimate concern. The key word is "detrimental". A minor inconvenience isn't the same as a real impact on your ability to serve customers.

Can't redistribute the work. If there's no realistic way to spread the workload across the rest of the team, you can say no. But again, you need to have properly thought it through before reaching that conclusion.

The remaining grounds include being unable to recruit additional staff, a negative effect on quality or performance, not enough work during the proposed hours, and planned structural changes. Any of these can apply, but only where the impact is genuine.

What you can't do is refuse simply because the request feels awkward or because you'd prefer everyone in the office five days a week.

Handling summer holiday requests properly

School holidays tend to trigger a wave of requests. Adjusted start times, working from home on certain days, dropping a day for six weeks. You'll hear all sorts.

Here's how to deal with them well.

Treat every request on its own merits. There's no such thing as a blanket policy that covers all summer requests. Each one needs individual consideration and a documented decision within the two-month window.

Stay consistent across your team. If you've approved a similar arrangement for someone in a comparable role, turning down the next person needs a solid reason behind it. Inconsistency is one of the quickest ways to land yourself in trouble.

Look at alternatives before you refuse. Could a trial period work? Could the hours be tweaked slightly to make the arrangement more manageable? Even if you end up saying no, having that conversation first shows good faith. It also reduces your risk if the decision is ever challenged.

When you do say no, put it in writing

If you decide to refuse a request, document which statutory ground applies and why it applies in that specific case. Be clear about the reasoning. A vague "it doesn't work for the business" won't hold up.

That written record is your safety net. If the employee raises a complaint or takes things further, your documented reasoning is what you'll fall back on.

From October 2026, when the reasonableness test kicks in, that documentation becomes even more important. You'll need it to show not just that a ground existed, but that refusing was a proportionate response.

Getting your process right before the requests arrive

Most of the risk around flexible working comes down to process. A missing policy, an inconsistent approach, or a poorly documented refusal can turn a straightforward situation into something much harder to defend.

HR consultancy services in Ipswich can help you build a clear flexible working policy that reflects the current rules. I can also advise on individual requests where you're unsure of the right call, and make sure your process is ready for the October 2026 changes.

Here are a few questions worth asking yourself now:

• Do you have a written flexible working policy that reflects the April 2024 changes?

• Are you confident your managers know how to handle requests consistently?

• If you refused a request tomorrow, could you point to a documented reason that would stand up to scrutiny?

• Have you thought about how the reasonableness test will affect decisions you're making now?

If any of those gave you pause, it's worth having a conversation sooner rather than later.

Let's get you sorted

Summer is coming, and the requests will follow. Getting your approach right now saves you from scrambling when they land on your desk.

As an outsourced HR consultant in Ipswich, I work with business owners to put the right foundations in place so you can respond to flexible working requests with confidence.

No panic. No guesswork. Just a clear process that protects you and treats your people fairly.

If you'd like to talk it through, book a discovery call and we'll take it from there.