The Strategic Guide to Negotiating Flexible Working Arrangements

The landscape of work has fundamentally shifted. What was once considered a "nice-to-have" perk is now increasingly viewed as an essential component of modern employment. Flexible working isn't just about work-life balance, it's about creating sustainable careers that adapt to our evolving needs and circumstances.

Yet despite its growing acceptance and strengthened legal framework in the UK, many professionals still hesitate when it comes to negotiating flexible working arrangements. Many will seek alternative employment rather than face requesting flexibility where they are. The key lies in understanding not just what to ask for, but when and how to ask for it effectively, and crucially, knowing your legal rights.

What is Flexible Working?

Flexible working encompasses any arrangement that deviates from the traditional 9-to-5, office-based model. It's about having control over when, where, and how you work, allowing you to maintain productivity while accommodating other aspects of your life.

At its core, flexible working recognises that peak performance doesn't always happen within rigid parameters. Some people are more creative in the early morning hours, others find their flow in the evening. Some thrive in bustling office environments, whilst others produce their best work in quiet, distraction-free spaces.

Your Legal Right to Request Flexible Working in the UK

Before diving into strategy, it's crucial to understand your legal position. The Employment Relations (Flexible Working) Act 2023, which came into force on 6 April 2024, significantly strengthened workers' rights. All employees now have the legal right to request flexible working from their first day in a job, and can make up to two statutory requests in any 12-month period.

What the Law Requires from Employers

Employers must consider all requests fairly and without discrimination. They can only reject a request if there's a genuine business reason, and they must explain their decision if they refuse.

The statutory business reasons for rejection include:

• The 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 or performance

• Insufficiency of work during the periods the employee proposes to work

• Planned structural changes

• Any other reasons the employer considers relevant

  
  

Your Rights During the Process

Under the current legislation:

• You can make up to two flexible working requests in any 12-month period

• Your employer must respond within two months

• Employers must consult with you before rejecting your request

• You have the right to appeal a rejection

• You're protected from detriment or dismissal for making a request

Looking ahead, the forthcoming Employment Rights Bill is expected to further strengthen the consultation process, making it even more important for employers to engage meaningfully with requests.

Types of Flexible Working Arrangements

Understanding the various options available is crucial when crafting your proposal. Here are the main types of flexible working arrangements:

Remote Working

Complete location independence, allowing you to work from home, co-working spaces, or anywhere with reliable internet. This option offers maximum flexibility but requires strong self-discipline and communication skills.

Hybrid Working

A combination of office and remote work, typically involving 2-3 days in the office and the remainder working from home. This model has become increasingly popular as it balances collaboration benefits with flexibility.

Flexible Hours

Maintaining your full-time hours but with flexibility around start and finish times. This might mean starting at 7 AM to finish at 3 PM, or working 10 AM to 6 PM to accommodate personal commitments.

Compressed Hours

Working your full-time hours over fewer days, such as a four-day week with longer daily hours. This arrangement provides extended time off whilst maintaining full-time status.

Part-Time Working

Reducing your overall hours, which might involve working fewer days per week or shorter days. This option often appeals to parents, carers, or those pursuing other interests.

Job Sharing

Splitting one full-time role between two people, each typically working 2.5 days per week. This arrangement maintains continuity whilst allowing significant flexibility.

Annualised Hours

Working your contracted hours across the year rather than weekly, allowing for periods of more intensive work balanced with lighter periods.

Being Specific About Your Ask in Your Negotiation

Vague requests for "more flexibility" rarely succeed. Employers need to understand exactly what you're proposing and how it will work in practice. Your proposal should include:

Clear Schedule Details

• Specify exact days and hours you'll be working

• Outline your availability for meetings and collaboration

• Explain how you'll handle urgent situations outside your proposed hours

Communication Protocols

• Detail how you'll stay connected with your team

• Specify response times for emails and messages

• Outline which communication tools you'll use

Productivity Measures

• Suggest how your performance will be measured

• Propose regular check-ins or review periods

• Offer to track specific metrics or deliverables

Transition Plan

• Explain how you'll hand over responsibilities during the transition

• Identify any potential challenges and your solutions

• Propose a trial period with defined success criteria

  
  

When to Ask: Timing Your Request Strategically

The timing of your flexible working request can significantly impact its success. Here are the optimal moments to have this conversation:

During Performance Reviews

When you've just demonstrated your value and achieved your goals, you're in a strong negotiating position. Annual reviews provide a natural opportunity to discuss changing your working arrangements as part of career development.

After Completing Major Projects

Successfully delivering significant results gives you leverage. Your recent achievements serve as evidence that you can maintain high performance under different working arrangements.

When Taking on New Responsibilities

If you're being asked to expand your role or take on additional duties, this presents an opportunity to negotiate the terms of how you'll fulfil these responsibilities.

During Life Transitions

Major life changes, such as becoming a parent, caring for elderly relatives, relocating, or returning from extended leave, provide legitimate reasons for requesting flexibility.

When Market Conditions Favour Flexibility

If your industry or competitors are embracing flexible working, you can reference this trend as justification for your request.

Following Company Policy Changes

When your organisation introduces new flexible working policies or emphasises work-life balance initiatives, it signals openness to such arrangements.

When enquiring about a new role

If you are applying for a new role, ask about flexible working as soon as possible. Do not leave it until you are in the interview process. If you have the opportunity to speak to a recruitment or hiring manager before applying, ask questions about the job and include 'would flexible working be considered for this role'? Again, if you know the specifics of the flexibility you require then ask specifically about them, don't be vague.

When NOT to Ask

Equally important is recognising when to avoid making your request:

• During your probationary period: Establish your credibility first

• After poor performance reviews: Address performance issues before seeking flexibility

• During busy periods or crises: Wait for calmer times when your manager can properly consider your request

• When your manager is under significant stress: Timing and context matter for the conversation

• Before understanding company culture: Research existing flexible working arrangements first

• During an interview: Find out before you apply if flexible working is. a possibility

Building Your Business Case for Flexible Working Negotiation

Remember that flexible working should benefit both you and your employer. Frame your request around business outcomes:

• Increased productivity: Explain how flexibility will help you perform better

• Reduced costs: Highlight potential savings in office space, utilities, or travel

• Improved retention: Position yourself as someone who will stay loyal if accommodated

• Enhanced wellbeing: Connect your mental health and job satisfaction to performance

• Competitive advantage: Show how flexibility helps attract and retain talent

Preparing for the

tion

Before initiating the discussion:

1. Research company policy: Understand existing flexible working arrangements and policies

2. Identify precedents: Find examples of colleagues who have successfully negotiated flexibility

3. Prepare for objections: Anticipate concerns and develop thoughtful responses

4. Document your proposal: Create a written proposal that covers all details

5. Choose the right moment: Schedule dedicated time when your manager isn't rushed or stressed

6. Know your legal rights: Understand what the law requires from your employer during the process

Making a Statutory Application

If informal discussions don't lead to an agreement, you can make a formal statutory application. This provides additional legal protection and requires your employer to follow a specific process.

Your application should include:

• The date of your application

• The flexible working pattern you're requesting

• When you'd like the arrangement to start

• What effect you think the change would have on your employer and colleagues

• How any such effect might be dealt with

Remember, you have up to two chances per year to make these formal requests, so use them strategically.

Making Flexible Working Work

Once you've successfully negotiated your arrangement, the real work begins. Maintaining high performance and clear communication is essential for long-term success. Regular check-ins, proactive updates, and flexibility on your part when business needs require it will help ensure your arrangement continues to work for everyone involved.

Remember, flexible working is an ongoing conversation, not a one-time negotiation. Be prepared to adapt your arrangement as your role, team, and personal circumstances evolve.

The future of work is flexible, and those who learn to navigate these conversations effectively will be best positioned to create careers that truly work for them. By understanding your legal rights, being strategic about what you ask for, when you ask for it, and how you present your case, you can increase your chances of securing the working arrangement that allows you to thrive both professionally and personally.

Susie, Founder and Coach at HiHoCoaching, expert in negotiation and transitional coaching