Balancing business needs, legal obligations, and employee welfare is essential when managing flexible work requests. Following the legislative changes of June 2023, employers must handle these requests carefully to avoid legal disputes and maintain positive workplace culture.

Use this checklist to ensure a fair and compliant approach:

1. Understand Legal Obligations

✔️ Identify if the employee has a legal right to request flexibility. This applies if they are:

• Over 55
• Living with a disability
• Pregnant
• Caring for a child of school age or younger
• A recognised carer
• Experiencing family or domestic violence, or supporting someone who is

✔️ Respond to all requests thoughtfully, regardless of eligibility.

For example: Despite not hitting any of the legal rights at my last job, my request for flexible work was surprisingly approved. Why, you ask? It was all about crafting a realistic proposal that not only supported my goal of going back to university but also created an amazing opportunity for a junior teammate to step up and gain valuable experience. It just goes to show that with a little thoughtfulness, we can turn our requests into win-win situations.

✔️ Provide a written response within 21 days.

2. Assess the Suitability of the Request

✔️ Review if the role can be effectively performed under the proposed arrangement.

✔️ Consider the employee’s responsibilities, including supervision, mentoring, or leadership duties.

✔️ Review any relevant evidence of performance concerns. Ensure any concerns have been communicated previously and are documented.

✔️ Avoid relying solely on contractual terms (such as designated office locations) to refuse requests.

3. Determine if There Are Reasonable Business Grounds for Refusal

✔️ Assess the operational impact of the request, including:

• Financial costs
• Productivity requirements
• Client or contractual obligations
• Team collaboration needs

✔️ Gather objective evidence to support any claim of undue burden.

✔️ Explore alternatives to address performance or operational concerns before refusing a request outright.

4. Consult and Collaborate

✔️ Meet with the employee promptly to discuss the request.

✔️ Consider alternative arrangements if the original request is not feasible.

✔️ Document all discussions and proposals.

✔️ Aim to find a compromise that balances the employee’s needs and business requirements.

✔️ Keep the focus on problem-solving and maintaining positive working relationships.

Final Notes

Handling flexible work requests requires more than legal compliance. Early consultation, careful assessment, and collaboration reduce legal risk and support a productive workplace culture.