Flexible working refers to any working arrangement that differs from the traditional '9-to-5', office-based model.
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.
Since 6 April 2024, individuals in employed roles have the right to request flexible working from the first day of employment.
Changes in the Employment Rights Act 2025 (due to take effect in 2027) include:
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.
Conclusion
The new Employment Rights Act 2025 aims to modernise flexible working practices and ensure that requests are treated seriously and fairly. As the landscape continues to evolve, businesses should review policies and engage proactively with their teams and collaborators to find workable, mutually beneficial solutions.