Let me start with something I say at least ten times a week in my HR consultancy, Rebox HR: You do not have an automatic right to work from home in the UK. Not even in 2025. Not even after all the changes to flexible working legislation that came into force in April 2024.
And judging by the conversations I’m having with both employees and employers, this seems to be one of the most misunderstood aspects of current employment law. So let’s clear this up once and for all, shall we?
The Big Misunderstanding
Since the pandemic fundamentally changed how we work, there’s been an unwritten belief that working from home has somehow become an entitlement. I’ve lost count of the number of employees who’ve told me their employer is “breaking the law” by asking them to come into the office, or that they have “a right” to work remotely.
Here’s the reality: you have the right to request flexible working (which includes working from home), but you do not have the right to have that request granted.
Under current UK laws, there is no general statutory or automatic right to work from home. What you do have, as of April 2024, is the statutory right to make a flexible working request from day one of your employment. That’s a significant right, and it’s important – but it’s not the same as having an automatic entitlement to work remotely.
What the Law Actually Says
The Employment Relations (Flexible Working) Act 2023, which came into force on 6 April 2024, introduced some important changes. Let me break down what you actually have the right to do:
From day one of employment, you can:
- Make a statutory request to change your working arrangements (including hours, times, or place of work)
- Make up to two such requests in any 12-month period (previously it was one)
- Expect your employer to deal with your request in a reasonable manner
- Have your employer respond within two months (down from three months previously)
- Expect to be consulted before any refusal
What you cannot do:
- Demand to work from home as an automatic right
- Insist your employer agrees to your request
- Ignore the business needs of your organisation
- Assume your preferences override operational requirements
Why Employers Can (and Do) Say No
This is where it gets interesting – and where a lot of employees feel frustrated. Your employer can refuse your flexible working request, and they can do so for any of eight specific business reasons set out in the Employment Rights Act 1996:
- The burden of additional costs
- A detrimental effect on ability to meet customer demand
- An inability to reorganise work among existing staff
- An inability to recruit additional staff
- A detrimental impact on quality
- A detrimental impact on performance
- Insufficiency of work during the periods the employee proposes to work
- Planned structural changes
Notice what’s interesting about this list? These are all legitimate business considerations. And here’s the thing: running a business involves making decisions based on operational needs, not just employee preferences.
The Practical Reality
Let me give you some real-world examples of why working from home isn’t always feasible, even when an employee really wants it:
You’re in a client-facing role: If your job involves meeting clients regularly, or if clients expect to be able to meet with you in person, working from home full-time might genuinely not be possible.
Your role requires collaboration: Yes, we have Teams and Zoom. But if you’re in a creative role, or you’re training junior staff, or your work involves spontaneous collaboration, there’s a legitimate argument that being physically present matters.
You’re new to the role: If you started last week and you’re requesting to work from home full-time, your employer has very little evidence of your capabilities, work style, or ability to work independently. That’s not them being difficult – that’s basic management sense.
Your performance has been questionable: If there are existing concerns about your work quality or output, requesting to work remotely can feel (to an employer) like making their job even harder. They need to be able to monitor and support you effectively.
The business model doesn’t support it: Some businesses genuinely need people in the office. Retail, hospitality, manufacturing – these aren’t roles where remote working is typically feasible. But even in office-based businesses, there might be genuine reasons why your specific role needs office presence.
What “Reasonable Manner” Actually Means
The law requires employers to deal with flexible working requests “in a reasonable manner.” The ACAS Code of Practice on requests for flexible working, which came into effect on 6 April 2024, sets out what this means in practice.
Employers should approach flexible working requests with an open mind. They must consult with you before refusing (unless they’re agreeing to the request in full). They should consider alternatives if your original request can’t be accommodated. And they must provide clear reasoning if they refuse.
But – and this is crucial – “reasonable” doesn’t mean “saying yes to whatever the employee wants.” It means following a proper process, genuinely considering the request, and only refusing for valid business reasons.
The Consultation Requirement
One of the most significant changes from April 2024 is that employers must now consult with you before rejecting a flexible working request. This is new, and it’s important.
Unless your employer decides to agree to your request in full, they must discuss it with you first. The ACAS guidance states this should typically be done by inviting you to a meeting to talk about the request.
This consultation isn’t just a box-ticking exercise. It’s meant to be a genuine conversation about:
- Why you’re requesting the change
- What the impact might be on the business
- Whether there are alternatives that could work for both parties
- What concerns the employer has
- How those concerns might be addressed
This is actually really positive for employees. It means you get a fair hearing, and you have the opportunity to address concerns or suggest compromises. But it doesn’t guarantee the outcome you want.
Why This Distinction Matters
I know some of you are reading this thinking, “But Natalie, this feels unfair. Why should my employer’s ‘operational needs’ trump my need for work-life balance?”
And I get it. I really do. The rise of remote working has shown us that for many roles, physical presence in an office isn’t necessary for productivity. In fact, many employees are more productive at home. The research around flexible working is overwhelmingly positive for both employees and employers when it’s implemented well.
But here’s the uncomfortable truth: employers have to run viable businesses. They have to balance the needs and preferences of multiple employees. They have to consider team dynamics, client expectations, operational efficiency, and commercial reality.
If every employee worked completely independently, never needed to collaborate, and all roles were identical in their requirements, then yes, universal remote working would be easy. But that’s not reality. Reality is messy, complicated, and requires trade-offs.
The Risks of Refusal (For Employers)
That said, employers need to tread very carefully when refusing flexible working requests. Just because you can refuse doesn’t mean you should do so without serious consideration.
Employers who refuse flexible working requests without good reason, or who handle requests poorly, face several risks:
Tribunal claims: Employees can bring claims for failure to follow the proper process, with compensation of up to eight weeks’ pay.
Discrimination claims: If your refusal disproportionately affects women (who are more likely to be primary carers), disabled employees, or other protected groups, you could face indirect discrimination claims.
Talent drain: The CIPD has found that approximately 4 million people have changed careers due to lack of flexibility at work. Refuse reasonable requests, and your best people will leave.
Reputational damage: In a job market where flexibility is increasingly expected, being known as an inflexible employer makes recruitment much harder.
So whilst employers can refuse, they should only do so when there’s a genuine business reason – and they should be prepared to explain and justify that decision.
The Middle Ground: Making It Work
Here’s what frustrates me most about this whole debate: it’s become so polarised. Employees think they have the right to work wherever they want, whenever they want. Employers panic and demand everyone back in the office full-time because they’re worried about productivity and control.
Both extremes are wrong.
The vast majority of flexible working requests can and should be accommodated with some creativity and compromise. Maybe you can’t work from home five days a week, but what about three? Maybe you can’t work 10am-2pm every day, but what about core hours with flexibility around the edges? Maybe you can’t have a permanently remote role, but what about a trial period to prove it works?
The law is actually set up to encourage this kind of dialogue. That’s what the consultation requirement is about. That’s why employers must approach requests with an open mind. And that’s why employees can make two requests per year – so if the first doesn’t work, you can try a different approach.
What Employees Should Do
If you want to request flexible working (including working from home), here’s my advice:
Do your homework: Think about how your request might impact your team, your manager, your clients. Think about how you’ll address potential concerns. Make it easy for your employer to say yes.
Be specific: Don’t just say “I want to work from home.” Explain exactly what you’re proposing, including how you’ll manage communication, deadlines, and collaboration.
Start a conversation: The formal request is important, but having an informal chat with your manager first can help you gauge their concerns and shape your formal request accordingly.
Be flexible: If your ideal arrangement isn’t feasible, what’s your second choice? Being willing to compromise makes a positive outcome much more likely.
Follow the process: Make your request in writing, include all the required information, and respond to any meeting invitations promptly.
Accept the answer professionally: If your request is refused for genuine business reasons, don’t immediately threaten tribunal action. Ask for feedback, consider alternatives, and maintain the relationship.
What Employers Should Do
And if you’re an employer dealing with flexible working requests:
Default to yes: Start from the position that flexibility is generally good for your business and your people. Only refuse when there’s a real, specific reason why this particular request won’t work.
Be consistent: Make sure you’re applying the same standards to everyone. If you let one person work from home three days a week, refusing someone else in an identical role will look like discrimination.
Communicate clearly: If you’re refusing, explain why in detail. Don’t just list one of the eight statutory reasons – explain specifically how it applies to this situation.
Consider alternatives: If the request as stated won’t work, what might work? A trial period? Different days? Fewer days from home? Think creatively.
Think about the cost of saying no: Losing a good employee because you refused a reasonable request for flexibility is expensive and stupid. Recruitment costs alone should make you think twice.
Train your managers: Make sure your line managers understand the law, the process, and the importance of handling these requests well.
The Employment Rights Bill Complication
I need to mention that the Employment Rights Bill, currently making its way through Parliament, proposes to make further changes to flexible working rights. The bill suggests that flexible working should become the default unless employers can show why it’s not reasonably feasible.
However, this is still being debated, and even if passed, it won’t fundamentally change the principle that flexible working remains a request that must be considered reasonably – not an automatic entitlement. Employers will still be able to refuse for valid business reasons.
The Bottom Line
Working from home is neither an automatic right nor an unreasonable request. It’s a legitimate ask that employers must consider seriously and can only refuse for specific business reasons.
For employees: understand that your employer has to balance multiple factors, and your preferences are one consideration among many. Make it easy for them to say yes by being thoughtful, specific, and open to compromise.
For employers: remember that flexibility is increasingly expected, and refusing without good reason will cost you talent. Consider each request on its merits, be prepared to explain your reasoning, and default to finding a way to make it work wherever possible.
And for all of us: can we please stop treating this as a battle between entitled employees and controlling employers? The best workplaces find ways to balance business needs with employee wellbeing. That requires good faith, open communication, and mutual respect on both sides.
The law gives us a framework for having these conversations. Let’s actually use it properly, rather than assuming we have rights we don’t have, or refusing requests we should be granting.
Because ultimately, this isn’t about legal rights and obligations. It’s about building workplaces where people can do their best work whilst maintaining the lives they want to live. And that’s something everyone should want.
Have you made a flexible working request, or had to deal with one as an employer? How did it go? I’d love to hear your experiences – both the success stories and the frustrations. Because the more we talk about this openly, the better we’ll all get at making flexible working actually work.
Natalie Ellis HR 