• Remote or hybrid working  

• Flexible start and finish times  

• Compressed or part-time working  

• Job sharing  

• Annualised hours and staggered schedules

Flexible working allows individuals and businesses to better balance professional demands with personal commitments, improving productivity and wellbeing. 

Currently, the statutory right to request flexible working applies to employees. Since April 2024, employees in Great Britian have had the right to request flexible working from the first day of employment (previously, a 26-week qualifying period applied).  

In Northern Ireland, an employee must have 26 weeks of continuous employment before they can avail of their statutory right to request flexible working.  

Freelancers, consultants, contractors, and self-employed workers do not have a statutory right to request flexible working. Any flexibility for these groups comes from:  

• Contractual agreements  

• Negotiated terms with the businesses they work with  

• Market expectations around flexibility in project-based or freelance work  

Although not entitled to statutory protections, freelancers and contractors often have more scope to set their own working arrangements.  

In Great Britian the existing framework, allowing only a right to request rather than a stronger entitlement, has been deemed insufficient. Individuals often feel that requests are dismissed too easily, and the current rules are seen as too weighted towards the decision-makers. The goal is to make flexible working more accessible and reflective of modern, dynamic working practices.  

Some important changes have already come into effect. Since 6 April 2024, individuals employed in Great Britian have the right to request flexible working from the first day of employment.  

Additional proposed changes in the Employment Rights Bill in Great Britian include:  

• Decision-makers can only refuse a request based on one of eight specified statutory grounds, and only if it is reasonable to do so.  

• Decision-makers must consult with the individual before refusing a request.  

• Decisions must be communicated in writing, stating the reasons and why refusal is considered reasonable.  

There may be an increase in tribunal claims if refusals are not well justified.  

Refusal may be based on one or more of the following reasons:  

• 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  

• Detrimental impact on performance  

• Insufficient work during requested periods  

• Planned structural changes  

While these rules do not apply to freelancers, contractors, or consultants, businesses may increasingly adopt flexible approaches more broadly to remain competitive and attract diverse talent. Flexibility for these groups remains subject to negotiation and mutual agreement.  

Employment law in Northern Ireland is a devolved and whilst many reforms mirror those in Great Britian, there are key differences, such as: 

• Flexible working remains subject to a 26-week qualifying period. 

• The ‘Good Jobs’ Bill proposes reforms tailored to local needs, including more predictable working patterns and enhanced rights for low-hour workers. 

• Employers in NI must still follow the statutory procedure for handling requests, including timelines for meetings and decisions.