Flexible Working Requests vs Reasonable Adjustments

Flexible Working

Since 6 April 2024, employees have had the statutory right to make two flexible working requests in any 12-month period from day one of employment. This may include:

• Flexi-hours
• Changes to working hours
• A remote or home working request
• Compressed hours

This right does not currently apply to genuine agency workers, casual workers or zero-hours workers who are not employees.

Making a flexible working request:

A request to change working arrangements that is not linked to a disability will generally be considered under the organisation’s flexible working policy, rather than as a reasonable adjustment request.

Employees can request flexible working by making a written request to their employer. The request should include:

• Confirmation that it is a statutory flexible working request
• The date of the request
• The change requested
• When they would like the change to take effect
• Whether they have made a previous request, and, if so, when

Considering a request:

Employers must consider flexible working requests reasonably and may only refuse them for legitimate business reasons. The statutory reasons for refusing a flexible working request include:

• additional business costs;
• an inability to reorganise work;
• difficulties recruiting staff;
• a negative impact on quality or performance;
• an inability to meet customer demand;
• insufficient work during the requested hours; and
• planned organisational or workforce changes.

Employers have two months to consider and respond to an employee’s request. This includes any appeal, so employers need to be proactive in consulting with the employee and considering the request properly.

It is good practice to acknowledge the request and invite the employee to a meeting to discuss what they are asking for and the likely impact on both the employee and the business.

Flexible working requests are often linked to external factors, such as childcare. Employers should therefore be mindful of potential discrimination risks when deciding the outcome of a request.

Reasonable Adjustments

What is a reasonable adjustment?

Reasonable adjustments are changes or support measures introduced to help a disabled employee or applicant carry out their role effectively and reduce workplace barriers linked to their disability.

Under the Equality Act 2010, an employer has a duty to consider reasonable adjustments where they know, or could reasonably be expected to know, that an employee or applicant has a disability. This may include:

• Providing adaptive equipment, such as adaptive desks, specialist chairs or supportive software
• Making changes to the workplace, such as allowing home working or relocating a desk to the ground floor
• Changing working arrangements, such as allowing additional breaks or flexible start and finish times

Implementing adjustments:

Reasonable adjustments may be requested directly by an employee, recommended by a medical professional, or identified through an occupational health assessment.

Where an employer believes an employee may require reasonable adjustments, or may have a condition that could amount to a disability under the Equality Act 2010, the matter should be managed sensitively, appropriately and confidentially.

Where there is uncertainty about the most appropriate adjustments, employers and employees should seek guidance from a suitably qualified medical professional, such as an occupational health provider. This can help identify appropriate support measures.

Once potential adjustments have been identified, the employer should consult with the employee to consider how practical and effective the proposed adjustments are, and how they could be implemented.

Considering reasonable adjustments:

Employers are required to give proper consideration to any reasonable adjustments requested. When deciding whether an adjustment is reasonable, factors such as practicality, cost, operational impact and the resources available to the organisation should be taken into account.

Where an employer believes an adjustment is not reasonable, or cannot reasonably be accommodated, they should consult with the employee to explain the reasons and explore whether any alternative support measures may be available.

Failure to make reasonable adjustments may amount to disability discrimination under the Equality Act 2010 and could result in a claim being brought before an Employment Tribunal. In those circumstances, the employer would need to demonstrate why the proposed adjustments were considered unreasonable or not reasonably practicable.

Getting it Right

Where it is unclear whether a request should be treated as a flexible working request or a request for reasonable adjustments, employers should carefully consider the purpose of the request and the circumstances surrounding it.

If the request is intended to remove or reduce difficulties arising from a physical or mental impairment, it is likely to fall within the reasonable adjustments duty. Employers should consider any medical evidence or occupational health recommendations provided.

Where a request relates primarily to personal preference, childcare responsibilities or work-life balance, it will generally be managed through the organisation’s flexible working procedure.

Where an employee asks for an adjustment but does not follow the requirements for making a flexible working request, employers should clarify whether the employee wants the request to be considered as a flexible working request.

If the employee’s intention is to make a flexible working request, employers should have a robust procedure or policy available to employees to guide them through the steps involved.

Employers should seek further information from employees where appropriate to ensure the correct process is applied and to minimise the risk of discrimination. In some circumstances, a request that could reasonably be refused under the flexible working framework may still need to be approved if it amounts to a reasonable adjustment connected to disability.

Employers should ensure they have clear, robust and legally compliant policies in place covering flexible working requests, reasonable adjustments and absence management. Policies should clearly explain the processes employees are expected to follow, including the employer’s right to reasonably require attendance at an appointment with occupational health where appropriate.

Clear policies help employees understand the correct process, promote fairness and consistency across the organisation, and assist employers in managing risk and meeting their legal obligations.

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If you are unsure whether a request should be handled as flexible working, a reasonable adjustment, or both, it is important to take advice before making a decision. Our team can help you review your policies, assess individual requests, and ensure your processes are fair, consistent and legally compliant. If you need support with flexible working requests, reasonable adjustments or wider employment law issues, please get in touch.