Flexible Working as a Legal Right – How SMEs Can Adapt and Stay Compliant

1. Review and Update Your Flexible Working Policy

Your current policy may still refer to the 26-week qualifying period. Update it to:

• Reflect the new day-one right to request.
• Set clear expectations about how requests will be processed.
• Outline valid business reasons for refusal, in line with ACAS and statutory guidelines.

2. Create a Fair and Transparent Process

• Ensure employees know how to submit requests and what information to provide (e.g., requested pattern, how the change could work operationally).
• Define how managers will assess requests and consult with employees.
• Implement a formal timeline (currently, responses must be given within 2 months).

3. Train Your Line Managers

Managers should be trained to:

• Evaluate requests objectively and without bias.
• Balance business needs with employee rights.
• Manage competing requests fairly across teams.
• Understand when legal advice may be necessary (e.g., where discrimination concerns arise).

4. Assess Operational Impacts

• Consider roles that could realistically support hybrid, remote, or flexible hours.
• Explore rotational models, such as alternating in-office and home working days.
• Review IT systems (e.g., secure VPNs, collaboration tools like Microsoft Teams or Slack) to support hybrid teams.

How Flexible Working Can Benefit SMEs

Handled well, flexible working can be an asset for SMEs. Benefits include:

• Improved employee retention – especially among parents and carers.
• Attracting new talent – candidates increasingly seek flexible roles.
• Reduced absenteeism – flexible working can improve wellbeing and reduce sickness absence

A Word on Hybrid and Remote Work

The Bill doesn’t mandate that all requests must be granted—but it will push businesses to explore creative solutions.

• Can certain tasks be completed remotely while others remain on-site?
• Can hours be shifted (e.g., 8am–4pm vs. 9am–5pm) to suit both employees and customers?

Common Flexible Working Models SMEs Can Explore

• Hybrid working: Split between home and office.
• Remote working: Fully home-based, depending on role.
• Flexitime: Employees can adjust start and finish times within set parameters.
• Compressed hours: Full-time hours worked over fewer days.
• Annualised hours: Total hours spread unevenly across the year.