Dr Calum Carson is a Senior Policy Adviser in the Workplace Policy team at Acas. His current specialist areas of focus are based around flexible working, zero-hours contracts, artificial intelligence (AI) in the workplace and the development and use of worker monitoring surveillance technology.
A year on from new legal reforms like a 'day 1' right to request flexible working, and over 2 decades since the right to request was first introduced, how confident do employers feel about managing requests? Acas commissioned a new YouGov poll to find out.
The results are encouraging: 79% to 90% of employers report feeling 'very' or 'fairly' confident managing different elements of the flexible working request process. These include areas where legislative changes were introduced, for example:
- having a consultation meeting with the employee, including discussing any alternative options or changes (90%)
- meeting the statutory 2-month timeframe for deciding on the request (88%)
But the poll also identified 3 areas where confidence was lowest ('not confident' or 'not at all confident'):
- handling an appeal from the employee about the decision (16%)
- identifying if the request relates to a reasonable adjustment for a disability (10%)
- integrating the agreed arrangement into the workplace – for example, adjusting schedules, workflows (9%)
In April 2024, Acas published a revised statutory Code of Practice on requests for flexible working alongside detailed guidance. What does Acas advice reveal about good practice in these areas, and what's next for employers navigating this landscape?
Handling an appeal about a decision
Among the main changes to the Acas Code last year were the introduction of new good practice recommendations that employers should:
- proactively offer an appeal where a request has been rejected
- appoint a different manager to handle any appeal, wherever possible
The appeal process is not simply about reviewing a decision. It helps to uphold fairness and transparency, giving both the employer and the employee the chance to discuss any new information or concerns.
Appointing wherever possible a manager who has not previously been involved in considering the request can enhance trust in the process. An independent viewpoint can also give way to fresh perspectives, which could help unlock solutions for both parties.
Identifying if requests relate to reasonable adjustments for a disability
As noted in disability facts and figures from Scope, over 16 million people are currently disabled and around 5 million are in work.
No one must share that they have a disability. But if they do, employers must make reasonable adjustments to remove any disadvantage related to the disability. This obligation exists alongside the legal requirement for employers to handle statutory flexible working requests in a reasonable manner.
Creating an environment which prioritises psychological safety and places value on speaking about any health conditions, can ensure that the right support is in place.
If an employee seeks a reasonable adjustment for their disability through a request for flexible working, the employer must consider this in line with the organisation's legal obligations under the Equality Act 2010. The law here is complex and requires very careful attention to ensure compliance. Acas has further guidance on reasonable adjustments at work.
Integrating the agreed arrangement into the workplace
It can be a challenge for employers of any size to effectively integrate an agreed flexible working arrangement into the workplace, particularly when there might be knock-on effects on team dynamics or workflows.
For example, incorporating a newly-agreed flexible working request into an established team may require adjustments to shift patterns or lines of communication. Structured discussions about the potential effects of an arrangement and how these should be managed should take place early while the request is under review. This approach minimises the risk of disruption to team cohesion, performance or wellbeing.
Putting formal communication channels in place between colleagues and setting clear expectations can also help avoid misunderstandings when working flexibly. For example, it is good practice to build in regular review points to evaluate how the arrangement is working, and whether any adjustments might be needed to ensure it continues to work for the individual, team, and wider organisation. Acas has additional guidance on implementing flexible working within organisations.
On the horizon
Looking to the future, the government's Employment Rights Bill currently making its way through Parliament is set to introduce further reforms. For example, the Bill introduces a new legal requirement that an employer may only reject a flexible working request if it is 'reasonable' for them to do so.
Employers will also have to state the grounds for refusal if a request is rejected and explain why it is reasonable to refuse the request on these grounds. This is intended to encourage more careful consideration of requests and enhance access to flexible working.
Based on our YouGov polling, the confidence of employers in communicating their decision about a flexible working request, including any business reasons why the request is rejected, is already high: 52% of employers say they feel 'very confident' about doing so, alongside 37% who feel 'fairly confident'.
For those organisations across Britain who feel less confident in this area, the changes through the Employment Rights Bill provide a useful prompt to review policies and practices. The Acas Code of Practice on requests for flexible working provides practical guidance on employers' obligations and employees' rights. The Acas helpline is also available for employers, employees and representatives seeking confidential, free advice on the law and good practice.
Poll details and full results
All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 1,015 senior business-to-business decision makers, excluding sole traders. Fieldwork was undertaken between 24 March and 2 April 2025. The survey was carried out online. The figures have been weighted and are representative of British business size and region.
Participants were asked: a statutory request for flexible working is a request for a change to an employee's terms and conditions relating to their hours, times, or place of work. If you received a statutory request for flexible working from one of your employees, how confident would you feel in managing each of the following parts of the process? (please select one option on each row)
| Part of flexible working request process | Very confident | Fairly confident | Not that confident | Not at all confident | Don't know |
|---|---|---|---|---|---|
| Considering and deciding on the request | 49% | 42% | 4% | 1% | 4% |
| Having a consultation meeting with the employee, including discussing any alternative options or changes | 49% | 42% | 5% | 1% | 4% |
| Communicating your decision about the request, including any business reasons why the request is rejected | 52% | 37% | 6% | 2% | 4% |
| Handling an appeal from the employee about the decision | 42% | 37% | 12% | 4% | 5% |
| Meeting the statutory 2-month timeframe for deciding on the request | 53% | 36% | 5% | 2% | 4% |
| Allowing an employee to be accompanied at meetings held to discuss the request | 54% | 36% | 5% | 1% | 5% |
| Identifying if the request relates to a reasonable adjustment for a disability | 48% | 36% | 9% | 1% | 6% |
| Integrating the agreed arrangement into the workplace (for example, adjusting schedules, workflows) | 43% | 42% | 7% | 3% | 5% |
| Monitoring and reviewing the effectiveness of the agreed arrangement over time | 45% | 42% | 6% | 2% | 5% |