In the past decade, the concept of the workplace has changed considerably. Flexibility is much more common now as a result of technology, employee expectations, and pandemic implications. Now, with the flexible working law change, we have a real right to work flexibly from day one of our employment (not just a right to request) – flexibility is legally enshrined into employment law.
In this blog for PixelsHR, we will outline what the new flexible working day one right means for employers, how the legislation alters the existing regime, and what organisations can do to not just comply with the law but leverage flexibility as a ‘value’ and a ‘strategic advantage’.
More than a quarter (28%) of working adults in Great Britain hybrid worked between January and March 2025; the proportion of hybrid workers has gradually risen since March 2022, but those who only travel to work have declined.
What the New “Day One” Flexible Working Law Means for Employers
Historically, employees in many regions had to wait at least a few months, often 26 weeks, before they were entitled to formally make a right to request flexible working arrangements such as remote work, flexible hours, or compressed weeks. With the new “Day One” law now in place, employees are entitled to request flexibility on day one of employment.
This amendment supports the demands of a modern workforce for autonomy, balance, and trust; employers have to understand that flexibility is no longer an option but a core expectation. From day one of employment, the new hires can request arrangements such as the following, just to name a few:
- Hybrid or fully remote work models
- Flexible start and stop times
- Job-sharing, or part-time schedules
- Compressed workweeks (such as 4, 10-hour days instead of 5, 8-hour days)
For organisations, this means HR policies, contracts, and onboarding procedures have to be updated. Hiring managers must be prepared to have conversations about handling flexible working requests at the recruitment stage and manage employee expectations without delay.
The law is not about granting every request automatically but ensuring employees have the right to ask, and employers have a duty to consider such requests fairly and transparently.
Workers with a “degree or equivalent” were ten times more likely to do hybrid work than those with no qualifications (41% vs. 4%, respectively). They were twice as likely to adopt this working style as those in the “below degree level” category (21%).
Beyond the Right to Ask: A Breakdown of the Key Legal Changes
While the shift to “Day One” is the headline change, the legislation introduces several other critical updates that employers should understand.
The New Consultation Mandate: Why “No” Isn’t Enough Anymore
In the past, employers could be rejecting flexible working requests by referring to one of the accepted business reasons, such as cost, productivity, or team working issues. However, the new law requires compulsory discussion before rejecting a request.
This means that employers must:
- Talks to a genuine discussion with the employee.
- Consider reasoning for alternatives where possible (i.e., partial flexibility instead of full).
- Provides documentation of the conversation for transparency and in the event of future challenges or compliance.
Simply replying with a “no” is no longer a tangible response. Employers must demonstrate that they have considered the request carefully and given a clear rationale for their position on the request. It will reduce the legal risk and foster trust between the employer and employee.
According to ONS data, approximately 28% of working patterns were hybrid from January 8 to March 30, 2025 (OPN series monitoring). Use this to access the most recent ONS survey window.
Faster Turnarounds and the One-Request Limit
Another important change is the reduced time period for employers to respond. Previously, employers had up to 3 months to respond. Now, they have to take action within the 2 months, which potentially causes more urgency and accountability.
Additionally, previously, employees had the right to only one statutory request per year. The new law will give employees the right to two requests a year. This recognizes that personal and professional circumstances can change, and therefore employee may need to revisit their work arrangements once in a while.
For HR teams, this all will mean being flexible with developing an efficient process for making a log of requests, tracking, and responding to requests within the legal time period. Delays or incomplete replies may cause the organization to be non-compliant.
The ACAS flexible working code will also be important here, providing routes to some practical guidance for employers and employees and how they can approach working within these new frameworks.
Surveys and summaries suggest that roughly 13-16% of workers work only from home in late-2024 / early-2025 snapshots.
How to Prepare Your Organisation: Updating Policies and Training Managers
Compliance with the new flexible working law change requires more than minor adjustments. Organisations should take a proactive approach to ensure their processes are aligned with the legislation while supporting a culture of fairness and inclusivity.
1. Review and Revise HR Policies
- Several business contracts and employee handbooks need to have the “Day One” right detailed in writing.
- Policies should be revised to have timelines, consultation obligations to follow, and procedures for making decisions.
- When considering policies, think of how employees will access this information when they need it.
2. Train Managers and Human Resources
Staff Managers are often the first point of contact for considering flexible working requests. Without proper training, Managers may respond inconsistently, or they may make mistakes that expose the firm to unnecessary risks. Training for managers should include:
- Legal obligations and timelines
- How to conduct a meaningful consultation
- How to balance individual requests against the needs of the team or the business
- Ensuring unconscious bias does not influence decision-making.
3. Set Systematic Request and Tracking Processes: If using HR software or structured internal processes, it is essential to establish a process for employees to submit requests to track them and to ensure requesting parties receive the information in a timely way.
4. Communicate Proactively with Employees: Transparency is key to developing trust. Communicate to all staff any updated policies, describing to employees how the processes will work while reassuring employees that their requests will be taken seriously, and flexibility worked into their roles. During recruitment and onboarding sessions, remind employees that flexibility was valued as part of their employee value proposition.
Statista (as cited in multiple UK analyses) reports 4.2 million UK employees had flexi-time contracts in 2024 (i.e., flexible hours other than remote work).
Embracing Flexibility: Turning Legal Compliance into a Competitive Advantage
While compliance is mandatory, forward-thinking organisations will go beyond the minimum legal requirements and use flexibility as a tool for competitive advantage.
- Boosting Talent Attraction and Retention
Job seekers today prioritise flexibility when choosing employers. By actively promoting flexible work policies during recruitment, organisations can position themselves as modern, employee-focused workplaces. Retaining talent also becomes easier when employees feel their needs are respected.
- Enhancing Productivity and Engagement
Flexibility is not just about convenience; it can drive performance. Employees with more control over their schedules often report higher job satisfaction, lower stress, and better focus. For businesses, this translates into stronger productivity, reduced absenteeism, and improved overall outcomes.
- Supporting Diversity and Inclusion
Flexible work policies open the door for a more diverse workforce by accommodating parents, caregivers, people with disabilities, and others who may find rigid schedules challenging. By embedding flexibility into workplace culture, organisations can build more inclusive environments.
- Building Organisational Resilience
The COVID-19 pandemic highlighted the importance of adaptability. Organisations that already had flexible working frameworks in place weathered the crisis more effectively. By institutionalising flexibility, businesses strengthen their ability to respond to future disruptions and adapt to future of work trends.
Conclusion
The new “Day One” flexible working law change is more than a regulatory update—it represents a shift in workplace philosophy. Employees now enter the workforce with the immediate flexible working day one right, and employers must embrace a more consultative and responsive approach.
For HR leaders, compliance is the starting point, not the finish line. By embedding flexibility into organisational culture, companies can attract top talent, enhance productivity, and build resilience. In doing so, they transform legal obligations into opportunities for growth and innovation.
In this new era of work, what is flexible working is no longer a question of luxury but of necessity. Organisations that understand and embrace this shift will be better positioned to thrive in the future of work trends.
