I Wonder How to Manage Competing Flexible Working Requests?

It is becoming increasingly common for several employees within the same team to make similar flexible working requests. These might include compressed hours, working from home on popular days, or changing their start and finish times.

Employers may want to accommodate these requests where possible. However, this can become difficult when doing so would affect service levels, customer commitments or the level of cover available within the team.

The CIPD’s 2025 Flexible and Hybrid Working Report found that 18% of employers had seen an increase in flexible working requests following the April 2024 changes.

For employers, this makes it increasingly important to understand the statutory flexible working regime. Employers must consider requests fairly and consistently, with decisions based on clear and genuine business reasons.

The Legal Stance on Flexible Working

Under the statutory right to request flexible working, employees can request changes to their hours, working times or place of work. Since 2024, this right has applied from the first day of employment. Employers must consult with employees before refusing a request and decide within the statutory timeframe.

Each request must be considered reasonably and can only be refused on specified business grounds, including:

• the burden of additional costs;
• a detrimental effect on the ability to meet customer demand;
• an inability to reorganise work among existing staff;
• an inability to recruit additional staff;
• a detrimental impact on quality;
• a detrimental impact on performance;
• insufficient work during the proposed working periods; or
• planned structural changes.

In practice, employers should assess requests consistently, use appropriate evidence to explain decisions, and be alert to discrimination risks. Where a request relates to disability or caring responsibilities, reasonable adjustments or other equality considerations may also need to be addressed.

Competing flexible working requests can arise when two or more employees request changes that cannot all be accommodated without affecting the business. Each request should be considered individually and on its own merits. Where it is not possible to accommodate every request, a fair and consistent approach is important. A ‘first come, first served’ approach may be reasonable, provided the reasons for the decision are clear and can be evidenced.

Ultimately, decisions should focus on the needs of the business and whether the proposed arrangement would allow the employee to continue performing their role effectively. They should not be based simply on a preference for when or where employees work.

What should employers do?

Below is a process employers could follow when receiving multiple flexible working requests.

Start with a clear process and consistent criteria:
Identify the team’s required cover and capability by role and time, set minimum coverage expectations, and use the same assessment framework for all requests. Make sure this is clearly evidenced.

Consult with each employee and assess the impact:
Meet each employee to understand what they are requesting and why, then assess the impact on cover, workload, costs, quality and client commitments using consistent assumptions.

Assess combinations and explore alternatives:
Test different working patterns, consider fair rotations where appropriate, and offer specific alternatives or a time-limited trial period with a review date and clear success measures.

Decide and communicate with evidence-based reasons:
Confirm the outcome in writing within the required timeframe, state the statutory business ground(s) relied on, explain the key evidence, and set out the appeal process and timescales.

Monitor, review and learn:
Review agreed arrangements in practice, particularly after trial periods, track their impact on cover and performance, and refine team planning and criteria to help prevent future clashes.

Remember, a request can be rejected only for one of the eight reasons mentioned above. When an employee is informed of the rejection, avoid vague explanations and clearly explain why the arrangement would not work, using one of the statutory business reasons. You should also ensure that any reason is documented and clearly evidenced.

Where possible, consider alternatives such as different days, adjusted hours, split patterns, or a rotation. A time-limited trial period may also be appropriate, with clear review points and measures of success.

What are the risks of getting this wrong?

If competing flexible working requests are not handled carefully, they can create legal and employee relations risks that may be difficult to resolve:

• Tribunal claims may arise where the statutory process is not followed or a refusal is not handled reasonably, potentially resulting in compensation and adverse findings.
   
• Discrimination and reasonable adjustment risks can lead to uncapped compensation, injury to feelings awards, and significant management time and costs.
   
• Employee relations and retention may suffer if decisions appear inconsistent, unexplained or unfair, increasing turnover and recruitment costs.
   
• Operational disruption can result from agreeing arrangements without proper planning, leading to gaps in cover or additional pressure on colleagues.
   
• Reputational harm may arise if the organisation is seen to handle flexible working unfairly, affecting morale and future recruitment.

Summary

Competing flexible working requests are best managed through a structured, fair and evidence-based approach. Understand the business needs, consult properly, assess each request against consistent criteria, and link decisions to the relevant statutory grounds with clear reasons.

Where not all requests can be agreed, offering alternatives or a trial, with a clear explanation, can help protect service delivery and reduce legal risk. A clear process and good record-keeping from the outset will support defensible decisions and better working relationships.

Further Advice

If you have any queries on this topic or any other employment-related matters, our Peace of Mind Team is here to provide expert guidance. Our Document Audit Team can also help draft relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.