Flexible Working Clause in UK Contracts: What It Means & Example Wording

When to Include a Flexible Working Clause

• In every employment contract to inform employees of their right to request flexible working and the process for doing so
• When the role is offered on a remote, hybrid, or flexible basis from the outset — the specific arrangements should be documented
• When the employer wants to set expectations about core hours, minimum office attendance, or restrictions on working location

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Flexible Working Clause Enforceable in the UK?

The statutory right to request flexible working is enforceable under the Employment Rights Act 1996 (as amended). Since April 2024, employees can make two requests per 12-month period from day one of employment. Employers must deal with requests in a reasonable manner and within two months. Refusal must be based on one or more of the eight statutory business grounds (e.g., burden of additional costs, detrimental effect on ability to meet customer demand, inability to reorganise work among existing staff). An employee whose request is unreasonably refused can bring a claim to an employment tribunal.

Common Mistakes

• Not updating contracts to reflect the 2024 changes — the qualifying period of 26 weeks was removed, and employees can now make two requests per year
• Refusing a flexible working request without considering it properly or without relying on a valid statutory ground — this can lead to a tribunal claim
• Granting a permanent contractual change to flexible working without documenting the new arrangement — the contract should be formally varied to reflect the agreed changes