Flexible working law refers to the legal right of employees to request alternative working arrangements, such as remote work, part-time schedules, or compressed hours, and the corresponding obligations employers have to consider those requests fairly and lawfully. While the concept is often framed as a benefit, it’s increasingly a legal requirement in many regions.

So follow along as I break down a comprehensive overview of flexible working law: what it is, how it varies globally, and the legal risks employers face when they mishandle requests. You'll find actionable guidance on employer duties, employee rights, and how to implement compliant policies across jurisdictions.

Whether you’re an HR leader, founder, or legal team, this guide equips you to lead with compliance and clarity.

Key Takeaways:

• Flexible working laws are now embedded in employment legislation across the UK, EU, Canada, Ireland, and parts of the US.
• It’s often no longer just a company policy perk. Employees sometimes have a legal right to request flexible arrangements.
• Employers must follow a documented, legally compliant process when handling requests
• Refusals must be based on valid, evidence-based business reasons rather than vague or personal preferences.
• Mishandling requests can lead to tribunal claims, discrimination challenges, or reputational risk.
• Policies must be reviewed and localised by jurisdiction to stay compliant across borders.
• Employers should maintain written records of all requests, decisions, and justifications.
• A well-structured policy should include request procedures, review timelines, appeals mechanisms, and data handling standards.
• Manager training and regular policy reviews are essential for reducing legal exposure.
• Flexible work isn’t just about operations. It’s a growing legal responsibility that demands structure, fairness, and documentation

What Is Flexible Working Law?

Flexible working law refers to national or regional legislation that grants eligible employees the right to request alternative working arrangements, such as remote work, adjusted hours, or reduced schedules, and outlines how employers must legally respond. Unlike company policies, which are discretionary, flexible working law imposes statutory obligations on employers, often with defined timelines, documentation requirements, and legal consequences for non-compliance.

There’s a critical distinction between a flexible work policy and a legal right to request flexible work. A policy is voluntary, an internal choice made by the employer. A legal right, however, means employers must consider employee requests fairly and respond according to law.

Common Flexible Work Arrangements Covered:

• Remote Work (full or hybrid)
• Compressed Hours (e.g., four-day weeks)
• Job Sharing
• Part-Time Schedules
• Flexitime / Custom Start-End Times

Statutory rights vary by jurisdiction. In the UK, employees now have a legal right to request flexible work from day one. The EU’s Work-Life Balance Directive mandates flexibility for caregivers. In contrast, the US has no federal right to flexible work, protections exist only under indirect frameworks like the ADA or FMLA.

As remote and hybrid work continue to evolve, understanding the legal distinction, and the risks of ignoring it, is no longer optional for employers.

Global Legal Trends: Why Flexible Working Is Now a Legal Risk Area

The COVID-19 pandemic catalyzed a global shift toward remote and flexible working arrangements. What began as a temporary measure has now evolved into permanent legislation across multiple jurisdictions. As flexible work becomes a legal right rather than a company perk, employers face increasing legal scrutiny.

The Rise in Legal Claims

As more employees assert their rights to flexible work, legal disputes are rising:

• United Kingdom: According to Personnel Today, employment tribunal decisions involving flexible working rose by 52% from 127 in 2019–20 to 193 in 2020–21, highlighting growing legal action around refusals of such requests..

• United States: According to the EEOC’s Fiscal Year 2023 Agency Performance Report, of the 33 ADA-related lawsuits resolved that year, 19 (57.6%) involved denials of reasonable accommodations, a category that often includes flexible working requests

Legislative Shifts Across Regions

Legal reform is catching up with the remote-first workforce:

• UK: The Flexible Working (Amendment) Regulations 2023, in force from April 6, 2024, gives employees the right to request flexible work from day one of employment. Employers must respond within two months and consider requests lawfully.
• EU: The Work-Life Balance Directive (EU) 2019/1158 mandates that carers and parents can request remote or adjusted working conditions. EU member states have implemented national laws accordingly.
• Canada (Ontario): The Working for Workers Act, 2021 introduced the “right to disconnect” and paved the way for future flexible work protections, especially around after-hours expectations.
• US: While there’s no federal statute guaranteeing flexible work, state and city-level laws (e.g. San Francisco’s Family Friendly Workplace Ordinance) allows employees to formally request flexible arrangements.

Why This Matters for Employers

Across the board, the legal stakes are rising. Employers must:

• Know their legal obligations in each jurisdiction.
• Establish clear internal processes for handling requests.
• Keep written records of decisions to mitigate litigation risk.

The Employer’s Legal Obligations

Employers are no longer operating in a legal grey zone when it comes to flexible working. In many jurisdictions, they are legally required to consider employee requests for flexible work arrangements in a structured, timely, and documented way. Failing to follow due process can lead to legal action, discrimination claims, or reputational risk.

Checklist: What Employers Must Do

1. Confirm Eligibility

• Determine whether the employee meets jurisdictional requirements (e.g., in the UK, all employees can now request from day one; in Canada, only federally regulated workers may have formal rights).
• Check employment status ,  statutory rights often apply only to employees, not freelancers or contractors.
• Request written documentation (email or form submission is typically valid if dated).

2. Follow a Legally Compliant Process

• Acknowledge the request in writing within your statutory timeframe.
• Assess the request objectively based on operational feasibility.
• Provide a formal written response,  accept, suggest modifications, or reject (with justification).
• Employers must decide within a fixed legal period:
  
  • UK: 2 months (post-2024 update)
  • EU: Varies by member state
  • US/Canada: Best practice timelines apply where not explicitly legislated

3. Provide Valid Reasons for Refusal

You can only refuse a request on legally accepted business grounds. Common justifications include:

• Cost burden
• Negative impact on quality or performance
• Inability to reorganize work among other staff
• Insufficient work during proposed hours

Rejecting a request based on vague or personal reasoning (e.g., “we don’t do remote work here”) increases legal risk, particularly under discrimination law.

4. Keep Records

Maintain a log of all:

• Requests submitted
• Responses issued
• Reasons for refusal (if applicable)
• Appeals and internal communications

This is essential for auditability and to defend against legal challenges.

Sample Employer Workflow

The Employee’s Rights

Flexible working legislation gives employees the right to request alternative working arrangements, but not an automatic right to have them granted. This distinction is crucial. A request must be considered fairly and lawfully, but employers may refuse it if there are legitimate business reasons.

Right to Request vs. Right to Flexible Work

• Right to Request: A legal entitlement in many jurisdictions (e.g. UK, EU, Canada) that allows eligible employees to formally request changes to their working pattern.
• Right to Flexible Work: Not universal. There is no guaranteed right to remote work or reduced hours unless covered by specific contract terms or protected by anti-discrimination law.

Appeal Mechanisms

Employees usually have the right to:

• Request written reasons for a denial.
• Appeal the decision through an internal grievance process.
• Escalate to an employment tribunal, labour board, or ombudsman (depending on jurisdiction).

In the UK, for example, employees can lodge a complaint with an employment tribunal if an employer:

• Fails to handle the request in a reasonable manner.
• Rejects the request based on invalid reasoning.
• Takes longer than the statutory timeframe to respond.

Anti-Discrimination Protection

Refusing flexible work can cross into unlawful discrimination if:

• A disabled employee is denied reasonable accommodations (covered under the ADA in the US, or the Equality Act 2010 in the UK).
• A caregiver (often women) is unfairly treated for requesting reduced hours.
• The refusal indirectly disadvantages a protected group without valid justification.

Legal systems in many regions recognize indirect discrimination claims tied to rigid scheduling or in-office mandates.

Representation in Disputes

• Employees may be entitled to union support, legal counsel, or a third-party mediator during disputes.
• Some laws allow a companion (colleague or union rep) to attend formal meetings regarding flexible work requests.

Can an employer refuse flexible working outright?

Only if they can justify it with a legally recognized business reason, which must be clearly stated in writing. Vague or unjustified refusals may breach employment or discrimination law.

Comparing Regional Laws on Flexible Working

While the principles behind flexible working laws are broadly similar, employee rights, employer duties, and legal protections, the details vary significantly across regions. Some countries offer robust statutory protections; others rely on best-practice frameworks or case law.

This section gives you a comparative snapshot of flexible working rights across key markets. For deeper guidance, we’ve created region-specific breakdowns linked below.

Flexible Working Laws by Region

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Despite these differences, one theme is consistent: employers must justify refusals with valid reasoning and often follow a documented process. The UK's new day-one right is among the most employee-friendly, while countries like the US rely more heavily on anti-discrimination or disability accommodation laws. In the EU, the Work-Life Balance Directive provides a legal baseline, but each member state implements it differently.

If you operate across borders, or plan to, you’ll need localized policies that reflect the laws of each jurisdiction. To support that, we’ve created dedicated guides for each key region, complete with response timelines, documentation rules, and example scenarios.

Drafting a Legally Compliant Flexible Work Policy

As flexible working becomes a statutory right in many regions, your internal policy can’t just be a vague gesture, it needs to stand up to legal scrutiny. A compliant flexible work policy doesn’t just protect employees; it also protects your organisation from claims, tribunals, and reputational damage.

Below are the core elements your policy must cover to ensure both fairness and legal alignment:

Policy Must-Haves

• Eligibility & Request Procedure: Clearly state who can request flexible working (e.g. employment status, tenure). Outline how requests must be submitted, ideally in writing, dated, and addressed to a specific role (like HR or line manager).
  
  
• Review & Response Process: Define how requests will be evaluated, by whom, and within what timeframe. Reference any legal deadlines (e.g. two months in the UK) and ensure the policy encourages decisions based on evidence, not personal preferences or team biases.
  
  
• Appeals Mechanism: Include a formal pathway for appeal or review. This should allow the employee to challenge a decision through a documented internal process, with optional third-party input (e.g. HR, legal, or union rep).
  
  
• Data Handling & Retention: Ensure all requests, responses, and related documents are handled in accordance with data protection laws (e.g. UK GDPR, CCPA). Define how long records will be kept, and who has access.
  

Why DIY Doesn’t Cut It

Many employers still rely on ad-hoc or outdated templates. That’s risky. Policies that are incomplete or non-compliant can result in:

• Legal exposure (e.g. discrimination claims)
• Tribunal losses for procedural failures
• Loss of trust with employees

Real-World Scenarios

Understanding flexible working law in theory is one thing, applying it in high-stakes, real-world situations is another. Here are two scenarios HR leaders commonly face, along with a breakdown of your legal duties and risks.

An employee requests to work from another country for 3 months. What’s your legal duty?

This request involves more than just scheduling, it raises tax, legal, and data protection implications. From a legal standpoint, you are not automatically required to approve international remote work. However, you must:

• Assess the request fairly, not dismiss it outright.
• Document your decision, including any business, legal, or compliance risks identified.
• Communicate clearly in writing, especially if the request is denied.
  

Tip: If refusing, cite objective concerns, like permanent establishment risk, data sovereignty laws, or inability to supervise under foreign employment laws. Blanket rejections without detail could be seen as unreasonable.

A new parent requests reduced hours, but you’re under capacity strain. How do you respond compliantly?

In many jurisdictions, especially under EU law or the UK’s Equality Act 2010, refusing flexible work for caregivers risks indirect discrimination if not properly justified.

To respond lawfully:

• Assess the operational impact, and document how reduced hours would affect the business.
• Explore alternatives, like job-sharing or adjusted responsibilities.
• Use clear, objective language in your response, avoid vague statements like “we’re too busy.”
  

Tip: Courts will expect that you considered the request seriously and explored reasonable accommodations before refusing. If you can’t reorganise work or meet customer needs with reduced capacity, this may be a defensible refusal, but only with proper evidence.

Where Employers Get Flexible Work Wrong

Most employers aren’t intentionally non-compliant, they simply lack the structure and documentation needed to manage flexible work requests lawfully. In our work advising distributed companies, startups, and HR teams globally, we consistently see the same three issues that put employers at legal risk:

1. No Written Justification

Too often, decisions, especially refusals, are made informally, with no written record of the business rationale. This makes it hard to defend the decision if challenged and often fails basic tribunal expectations.

2. Inconsistent Treatment

One employee’s request is handled seriously, another’s is brushed off. This kind of inconsistency is a breeding ground for discrimination claims. A fair, transparent process isn’t just a legal shield, it’s also good leadership.

3. Misunderstanding the Law

Employers often confuse policy with obligation. Just because flexible work is “not in the contract” doesn’t mean it’s not a legal right. Jurisdiction-specific law may entitle employees to request it, and refusal without valid justification can lead to legal action, even if you didn’t intend harm.

How to Mitigate These Risks

• Create a formal policy aligned with your jurisdiction(s)
• Train managers on how to handle requests fairly and legally
• Document every decision, including reasoning and outcomes
• Review policy annually to account for new case law or legislative changes
  

Even if you’re a small business, handling flexible work requests casually is no longer an option. The legal risk is real, and increasingly visible.

Key Flexible Working Legal Terms Explained

Flexible working laws come with legal jargon that can confuse both employers and employees. Here’s a plain-language glossary of the most important terms you need to understand to stay compliant and communicate clearly.

Clear definitions support better conversations, and reduce the risk of non-compliance due to misunderstanding. If your HR team or line managers aren’t using these terms consistently (and accurately), it may be time to revisit your internal training.

FAQs

Can an employer refuse flexible working outright?

No, only if they can justify the refusal using a legally recognised reason (e.g., cost, impact on performance, inability to reorganise work). The reason must be clearly stated in writing and backed by evidence. Blanket refusals are legally risky and often challengeable.

Do flexible working rights apply to freelancers or contractors?

Not typically. Statutory rights to request flexible working generally apply to employees only. However, independent contractors may negotiate flexible terms contractually, and employers should still consider equal treatment obligations where applicable.

How many times can an employee make a flexible working request?

This depends on the jurisdiction. For example, in the UK (as of 2024), employees can make two requests per year. Other countries may allow only one or operate without a defined limit but expect reasonable spacing between requests.

Does a flexible working request have to be approved if the employee has a disability?

If the request qualifies as a reasonable accommodation, then yes, employers are often legally required to consider and implement it unless it causes “undue hardship.” This applies under laws like the ADA (US) and Equality Act 2010 (UK).

Can employees request to work from abroad under flexible working laws?

Typically no. Flexible working laws cover working hours and location within a domestic framework. International remote work introduces separate legal, tax, and data protection issues. Employers may reject these requests if they can demonstrate legitimate compliance concerns.

Stay Ahead of Flexible Work Law

The legal landscape around flexible working isn’t just evolving—it’s solidifying. What was once a discretionary benefit is now a legal framework that employers can’t afford to ignore. Whether you're updating your internal policy or managing requests across multiple jurisdictions, handling flexible work correctly is no longer optional. It’s part of your legal and operational foundation.

If you need help building a flexible work policy that aligns with your legal obligations and business realities, I can help. I work with companies across the world to create compliant, defensible frameworks that protect your team and your reputation. Get in touch to make sure your flexible working strategy holds up, on paper and in practice.