Flexible working is now firmly established as a day-one right for employees in the UK. Since 6 April 2024, staff can request flexible working from the very start of their employment.
Employers must handle every request in a reasonable manner, consult with the employee before refusing, and respond within two months (unless a longer period is agreed). Employees can make up to two statutory requests in any 12-month period.
Further reforms under the Employment Rights Act 2025 are scheduled for 2027. These will strengthen the existing framework by requiring employers to refuse a request only where it is reasonable to do so on one or more of the eight existing statutory business grounds. Those grounds include:
- The burden of additional costs
- Detrimental effect on ability to meet customer demand
- Inability to reorganise work among existing staff
- Inability to recruit additional staff
- Detrimental impact on quality or performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes
- Any other grounds specified in regulations
Crucially, if you turn a request down you will need to explain in writing why your decision is reasonable: not simply state which ground you are relying on. This places far greater emphasis on clear processes, documented consultation, evidence-based decisions and well-trained managers. Blanket refusals or vague justifications will become harder to defend.
In the meantime, the current rules already require careful handling. Tribunals expect to see genuine consultation, consideration of alternatives, and a reasoned decision. Poorly managed requests remain a common source of grievances and claims.
The Link Between Flexible Working and Health & Safety Duties
Many flexible working requests involve home or hybrid arrangements. When employees work from home regularly, employers retain full health and safety responsibilities. Two areas demand particular attention:
1. Working from home / remote working risk assessments
You must assess the risks of the home working environment. This covers physical hazards (trips, electrical safety, lone working), data security, mental wellbeing and the suitability of the workspace.
2. Display Screen Equipment (DSE) duties
The Health and Safety (Display Screen Equipment) Regulations 1992 apply equally to home and hybrid workers. Anyone who uses DSE daily for continuous periods of an hour or more is a “user.” Employers must:
- Analyse workstations and assess the risks
- Ensure workstations meet minimum requirements (separate keyboard, adjustable chair, correct screen height, adequate lighting, etc.)
- Provide information and training so employees can set up and use their equipment correctly
- Plan work to include breaks or changes of activity
For home workers this is usually achieved through a structured self-assessment (often with photos) that the employer reviews, followed by action where deficiencies are identified.
The legal duty remains with the employer; it does not transfer to the employee simply because the workstation is in their home.
Laptops used without a separate keyboard and mouse rarely meet the standards, so employers frequently need to supply or fund additional equipment.
Failing to address DSE and home-working risks can lead to musculoskeletal problems, eye strain, reduced productivity and potential claims. Good training and clear policies are the most practical way to demonstrate compliance.
How Safety Services Direct Can Help
We offer practical support so you can manage flexible and home working arrangements confidently and compliantly:
- Online HR and management training – courses that help managers handle flexible working requests fairly, understand employment rights and maintain good practice.
- Working from Home / Remote Working Health & Safety training – RoSPA-approved content covering eligibility, equipment, data security, home hazards and employer/employee responsibilities.
- DSE (Display Screen Equipment) training – essential for home and hybrid workers who must set up and assess their own workstations. Our ErgoWize DSE course includes both training and a practical workstation assessment tool.
- Wellbeing and remote working courses – supporting productivity, boundaries and mental health for distributed teams.
Don’t forget the Home Working Pack
Our ready-to-use Working from Home Pack (£99.99 + VAT) is designed for businesses introducing or formalising home or hybrid working. It includes:
- Two policy templates (one for pure home working and one for hybrid arrangements)
- A comprehensive home working risk assessment template
- Three DSE online training courses
- Three Working from Home Health and Safety training courses
This pack helps you communicate clear guidelines, assess risks, train staff and demonstrate that you are meeting your health and safety duties for remote workers.
Whether you need help refining your flexible working process, ensuring DSE compliance for home workers, or equipping managers with the right skills, Safety Services Direct is here to support you. Getting these foundations in place now will reduce risk, improve employee experience and prepare your organisation for the stronger reasonableness test expected in 2027.
Ready to take the next step?
Explore our HR courses, DSE training or the complete Working from Home Pack, or speak to our team for tailored advice.
