Flexible working has become an important part of modern employment. For many employees, the ability to work from home can make a significant difference to managing family commitments, health needs and work-life balance. For employers, it can support recruitment, improve retention and help attract talent in a competitive market.
Understanding the legal position on home and hybrid working can quickly become complex, particularly as flexible working rights continue to evolve. Questions around employee requests, employer obligations and potential legislative reforms can leave businesses uncertain about what is required and what discretion they still retain.
Sarah Everton, Solicitor in our Employment Law team at Myers & Co, breaks down the current rules on flexible working and homeworking requests, helping employers understand their responsibilities and navigate changing workplace expectations with confidence.
Can Employees Request to Work From Home?
Yes.
Employees in England and Wales have the legal right to make a statutory flexible working request from their first day of employment.
Flexible working can cover changes to:
- Working hours
- Working patterns
- Start and finish times
- Working location, including home or hybrid working
Since April 2024, employees have been entitled to submit two statutory flexible working requests within a 12-month period. Employers are generally required to reach a decision within two months unless an extension is agreed.
A request to work from home is therefore a legally recognised form of flexible working. However, making a request does not mean it must automatically be approved.
Employers remain entitled to consider the wider operational impact on the business before making a decision.
Can an Employer Refuse a Home Working Request?
Yes, provided there is a legitimate business reason for doing so.
Employers are expected to consider every request carefully and deal with it reasonably. This includes discussing the request with the employee, considering possible alternatives and assessing how the proposed arrangement would affect the business.
Recognised reasons for refusing a request include:
- Additional costs
- Negative impact on performance or productivity
- Difficulty meeting customer demand
- Challenges reorganising work amongst colleagues
- A requirement for on-site attendance
The nature of the role will often play an important part.
For example, it may be difficult to accommodate full-time home working where a role involves regular face-to-face interaction with clients, supervision of colleagues or site-based responsibilities.
By contrast, where a role can largely be carried out remotely, employers may need a stronger justification if they decide that home working is not suitable.
Every request should be considered on its own merits. A blanket approach to flexible working is far more likely to create legal and employee relations issues than a properly documented, role-specific decision.
What Could the Proposed Flexible Working Reforms Mean for Employers?
Proposed reforms are not expected to create an automatic right to work from home.
Instead, they are likely to make it more difficult for employers to reject reasonable requests without demonstrating why refusal is justified.
The focus is expected to shift towards the reasonableness of the employer’s decision-making process and the explanation provided to the employee.
In practice, employers may need to show that they have:
- Properly considered the request
- Engaged in meaningful discussion with the employee
- Explored alternative arrangements
- Carefully assessed the impact on the business
- Clearly explained the reasons for any refusal
For many organisations, this will not require a complete overhaul of existing procedures. However, it may mean placing greater emphasis on consultation, documentation and consistency.
Will Employers Have to Approve Every Reasonable Request?
No.
Even if further reforms are introduced, employers will still be entitled to take account of legitimate business needs.
These might include:
- Client expectations
- Operational requirements
- Team management and supervision
- Confidentiality obligations
- Performance concerns
- Health and safety considerations
In many cases, the most practical solution is neither a complete approval nor a complete refusal.
Alternative arrangements could include:
- Hybrid working
- Trial periods
- Temporary arrangements
- Adjusted hours or patterns of work
Finding a compromise often benefits both parties and can help avoid unnecessary workplace disputes.
How Can Employers Reduce Legal Risks When Considering Flexible Working Requests?
Flexible working requests should never be treated as an administrative formality.
Before reaching a decision, employers should take the time to understand why the request has been made, evaluate the impact on the business and consider whether any alternative arrangements could work.
Clear records should also be kept throughout the process.
Many disputes arise not because a request is refused, but because the employee feels their request was not genuinely considered.
Employers should also ensure that their flexible working, home working and hybrid working policies remain up to date. Well-drafted policies help managers approach requests consistently and provide a framework for fair decision-making across the business.
Seeking legal advice at an early stage can often prevent more complex issues developing later.
Can Refusing a Home Working Request Lead to an Employment Tribunal Claim?
Potentially, yes.
Employees may have grounds to bring a claim where a statutory flexible working request has not been handled correctly or where the employer has failed to follow the appropriate procedure.
Legal risks can be higher where the request is linked to:
- Disability
- Pregnancy or maternity
- Caring responsibilities
- Sex discrimination
- Other protected characteristics
In these situations, the issue may extend beyond flexible working rules and raise wider discrimination concerns.
That does not mean every refused request is unlawful. Employers can still refuse requests where there are genuine business reasons and a fair process has been followed.
Problems tend to arise when decisions appear inconsistent, inadequately explained or unsupported by evidence.
What Should Employers Take Away From Proposed Changes?
Employers are unlikely to lose control over decisions about where employees work.
However, the direction of travel is clear. The expectation is that flexible working requests will receive greater scrutiny, and employers may need to provide more detailed reasoning when refusing them.
For businesses, this means ensuring requests are considered fairly, discussed openly and documented carefully.
For employees, it means presenting well-thought-out proposals that demonstrate how flexible working can operate successfully while meeting business needs.
Need Advice on Flexible Working or Home Working Policies?
Flexible working is no longer an emerging workplace trend. For many organisations, it is now part of day-to-day business operations.
Whether you are dealing with an individual request, reviewing your existing policies or responding to an employment dispute, obtaining advice at an early stage can help reduce risk and support better decision-making.
At Myers & Co, our experienced Employment Law team advises employers and employees on all aspects of flexible working, workplace policies and employment disputes. Give us a call, or make an enquiry to find out how we can help.
