Flexible Working – What Are My Employee Rights?

With hybrid and flexible working hitting the headlines again recently, and some big employers insisting their employees return to the office, you may be left wondering, what are my employee rights and do I have the right to work from home for some or all of the working week? So in this post, we take a look.

What is the impact of hybrid working?

According to advocates of hybrid working, Flex Appeal, “working from home two days a week reduces sick days by 12%, reduces quitting by 35% with no cost to profit or performance”. There is plenty of research around the issue although some of it is contradictory. The National Centre for Social Research suggests that working from home saves an average of 56 minutes that day with findings by the Office of National Statistics suggesting that “some of that time was spent on rest, exercise, sports and well-being.”.

Anecdotally, many employees report that working from home makes them more productive because there are fewer distractions and enables them to meet important family responsibilities such as childcare.

However, research last year suggested that 40% of companies are now requiring their staff to be working in the office five days a week. Compelling reasons are given including the need for social and professional development and physical and mental wellbeing. With the BBC programme Panorama reporting in January 2025 that there has been a 350% rise in rounds of golf during the week (The Revenue Club – 2019-23), many employers feel justified in insisting their staff get back to the office.

But with 26% of people in Britain hybrid working and 13% working completely remotely, what are your rights?  

If you are already hybrid working

If you are already working from home all or part of the week, and your employer asks you to return to the office, you should start by checking the terms of your employment contract and any hybrid working policy your employer has. If your contract states the office is your normal place of work, your employer may be entitled to ask you to return. 

However, if you have been hybrid working for some time, with the agreement of your employer, it may be that you now have an implied term in your contract that permits hybrid working – provided this method of working is well known and established and has consistently been your way of working. If it’s an implied term and your employer forces you back to work in the office or terminates your contract if you refuse to return to the office, it is potentially a breach of contract. However, this can be a grey area and you may require professional advice.

I want to work from home for some of the week but don’t at present

At the moment, you don’t have an automatic right to work flexibly. However, if you are an employee, you do have the right to request flexible working. This can include a request in respect of the numbers of hours you work, when you start or finish work, the days you work and where you work.

You can make two flexible working requests in any 12-month period and your employer must respond to a request within two months. Your employer must consult with you about reasons for your request and the practicalities of it.

 Your employer does not have to accede to your request, but they must respond in a reasonable manner. There is an ACAS Code of Conduct which states a decision to reject a request must be for one or more of the following business reasons:

• The burden of additional costs
• An inability to reorganise work amongst existing staff
• An inability to recruit additional staff
• A detrimental impact on quality
• A detrimental impact on performance
• A detrimental effect on ability to meet customer demand
• Insufficient work available for the periods the employee proposes to work
• Planned structural changes to the employer’s business

How do you make a request

The ACAS Code of Conduct also sets out the procedure for making a request for flexible /hybrid working and although it’s not law, it’s a good idea to follow this procedure. The Code states that a request must be in writing and state that it is a statutory request for flexible working. It must also include:

• The date of the request
• The change you are requesting to the terms and conditions of your employment
• The date you would like the change to come into effect
• If and when you have made a previous request for flexible working

Future changes to hybrid working rights

In October 2024, the new Government published its Employment Rights Bill. In respect of hybrid working, the Bill provides for enhanced flexible working rights so that employers may only refuse a request for flexible working where it is unreasonable to grant such a request. However, this change is unlikely to be in force before 2026.  

If you would like to discuss an employment or flexible working issue, please get in touch today.

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