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Original poster

Flexi work request confusion

92 replies

BurritoTamer · 31/03/2026 18:12

Will try to stick to just the salient points

Had a flexi agreement since mid 2024 for full time compressed hours and 40% office, 60% home hybrid split

I made a new flexi request in early Feb to go part time, and including the 40% office, 60% home split. So same hybrid pattern, different hours (less hours each day, so proportionally the same as before)

After a very lengthy process, I received a letter that said (in summary)
”I agree to the hours on a trial basis and the hybrid pattern will be decided at my discretion as required”

I pushed back on this requesting clarity, essentially, I need this to be formal. For me a formal denial is better than wishy washy.

Manager has come back and said:
“The flexible working is based around a pattern of working hours that you have requested.
The hybrid pattern should be based around working from home/office. Policy is 60% office, 40% home. Your current proposal does not match, can this be adjusted please? Hybrid working is an informal and flexible agreement and can be changed at short notice.

I would not be willing to accept a formal approval to hybrid working that does not match group or the teams requirements that is currently in place. I also previously asked teams with hybrid/flexible working to adjust them inline with the latest requirements, which currently is not being complied with”

Is he correct? I thought the whole point of flexible working requests was seeking variation from the “norm” or the policy?

if I have to change my request to fit into policy, what is the point of it as a process?

Can anyone please advise? HR are on the thread and are quiet so I’m assuming he’s right?

OP posts:
ThelastRolo20 · 01/04/2026 12:54

cucumber4745 · 01/04/2026 12:52

This is tricky, your manager needs to take into account your hybrid policy, however, there usually are exceptions. If your flexible working request is statutory she needs to refuse it on the basis of one of the legal reasons.

if you had previous contractual agreements to your hybrid pattern, your new request should have not addressed this at all, because the variation in your contract will be on the basis of hours not pattern. That is if you have contractual 40% office and 60% home due to your past flex request, they cannot retrospectively change that in your new request as it is breech of contract. Their policy on hybrid is void in this case.

Also, you need to do some maths if you are on 40 hours and 60% in the office, that’ 3 days. Reducing to 20 hours for example, 60% comes to 2 office days, which effectively may be the same as what you do now.

It really depends on your contract at the time of the flex request. Seek advice from ACAS.

Edited

I think the issue is they haven't realised she's not working the split they want (so I'm thinking this was all informally agreed before)

Hopefully both parties can come to a sensible solution

cucumber4745 · 01/04/2026 13:06

ThelastRolo20 · 01/04/2026 12:54

I think the issue is they haven't realised she's not working the split they want (so I'm thinking this was all informally agreed before)

Hopefully both parties can come to a sensible solution

Show quote history

I just edited to add, that if the past request was formal they are breaching the contract, but also depending on hours worked, the 60% could work as the same number of days in the office.

It is actually harder for employers to refuse changes to this as strictly speaking it doesn’t fall in business reasons. An internal hybrid policy is not among the valid business reasons to refuse a request and these cases can go to tribunal on discrimination basis. This is why it is important to state the reason for the request. If OP has worked 60% home 40% office for 2 years without impact on performance and the business, the employer cannot prove that refusing this pattern is reasonable. If anything they have ground to refuse part time working, not the hybrid arrangement

Original poster
BurritoTamer · 01/04/2026 13:28

cucumber4745 · 01/04/2026 12:52

This is tricky, your manager needs to take into account your hybrid policy, however, there usually are exceptions. If your flexible working request is statutory she needs to refuse it on the basis of one of the legal reasons.

if you had previous contractual agreements to your hybrid pattern, your new request should have not addressed this at all, because the variation in your contract will be on the basis of hours not pattern. That is if you have contractual 40% office and 60% home due to your past flex request, they cannot retrospectively change that in your new request as it is breech of contract. Their policy on hybrid is void in this case.

Also, you need to do some maths if you are on 40 hours and 60% in the office, that’ 3 days. Reducing to 20 hours for example, 60% comes to 2 office days, which effectively may be the same as what you do now.

It really depends on your contract at the time of the flex request. Seek advice from ACAS.

Edited

Hello thank you for this. In 2024, I made a statutory flexible working request that included 40% office/60% home and it was agreed in writing with both my manager and HR. I also compressed my hours but was FT before and after.

Would this count as a contractual change? It definitely wasn’t informal, I had the same “hearing” meeting with HR and my manager where I was invited to bring a colleague. After this my request was agreed in writing.

OP posts:
Original poster
BurritoTamer · 01/04/2026 13:33

WTAFIsWrongWithPeople · 01/04/2026 11:58

Was your current arrangement agreed permanently? If it wasn’t, it doesn’t hold water. (Not sure what TheLastRolo’s quals are but I’m a HR Director with a couple of decades of experience.)

From your OP:

The hybrid pattern should be based around working from home/office. Policy is 60% office, 40% home. Your current proposal does not match, can this be adjusted please? Hybrid working is an informal and flexible agreement and can be changed at short notice.
I would not be willing to accept a formal approval to hybrid working that does not match group or the teams requirements that is currently in place. I also previously asked teams with hybrid/flexible working to adjust them inline with the latest requirements, which currently is not being complied with

We’re currently revising our hybrid approach and a fair proportion of people will have to increase office attendance (unless they have different arrangements due to “reasonable adjustments”), including those with child caring responsibilities. Your boss is basically saying your arrangement should already have changed and hasn’t, and therefore he isn’t willing to agree to reduced office attendance and reduction in hours as it goes against the current process. If your previous request was agreed permanently, that would constitute a contractual change and it would require negotiation to reverse to standard terms. If it wasn’t, you’re going to be expected in for 60% of your working time.

Edited

Does it not factor in that my current pattern was formalised in 2024 as part of a statutory flexible agreement?

Manager sent a department wide email recently that said “everyone with flexible working arrangements needs to revise them to suit the 60% office pattern”. Is that something he can force? I sort of thought the flexible working arrangement was legally protected against this kind of change, but maybe not?

OP posts:
ThelastRolo20 · 01/04/2026 13:34

cucumber4745 · 01/04/2026 13:06

I just edited to add, that if the past request was formal they are breaching the contract, but also depending on hours worked, the 60% could work as the same number of days in the office.

It is actually harder for employers to refuse changes to this as strictly speaking it doesn’t fall in business reasons. An internal hybrid policy is not among the valid business reasons to refuse a request and these cases can go to tribunal on discrimination basis. This is why it is important to state the reason for the request. If OP has worked 60% home 40% office for 2 years without impact on performance and the business, the employer cannot prove that refusing this pattern is reasonable. If anything they have ground to refuse part time working, not the hybrid arrangement

Show quote history

Agreed! A few nuanced points we don't know.

This was my point about the hybrid piece, OP can probably argue that she's proven it works and so it'll be harder to argue against unless business needs has suddenly changed

Original poster
BurritoTamer · 01/04/2026 13:44

ThelastRolo20 · 01/04/2026 12:54

I think the issue is they haven't realised she's not working the split they want (so I'm thinking this was all informally agreed before)

Hopefully both parties can come to a sensible solution

Show quote history

It depends on what the definition of formal/informal is

In 2024 I made a formal statutory flexible working request through our HR system. My manager and HR invited me to a meeting (and asked if I wanted to bring a colleague). We had a formal meeting to double check some minor things and then the whole thing was agreed in writing with both HR and manager. I have the information saved on my work email.

I didn’t want to rely on an informal agreement with my manager for exactly this reason. My compression was because the childminder doesnt work Weds PM or Friday at all, and I live quite rurally there is very little availability. I was pregnant at the time and have to consider 2 placements at the same time. So it was absolutely imperative that I had Weds PM off work and at home at the time.

If my manager now said it was policy to be in on Wednesdays, I fully just could not do that. My DH already works a 4 day week to accommodate the Fridays.

So I wanted to get Weds PM off and wfh protected so that I could actually do my job. Since then compression has not been working as my CM has shortened the day and won’t allow for the later pick up. DH is very flexible at his work but he’s currently doing all drop offs, all pick ups and Friday all day. I do Weds PM and nothing else. Hopefully this explains the issue, but in any case I am more interested in a part time job than trying desperately to make this job work if it doesn’t work for both parties.

OP posts:
PurpleThistle7 · 01/04/2026 13:49

I think it still depends on your employer policy on hybrid working - I just checked ours, and it says it can be reviewed at least annually - or more often if either party wishes to change anything. Asking for a change in flexible working means that everything is back on the table from scratch.

I personally have a flexi working arrangement to work full time in 4.5 with 1.5 days at home. However, the agreement has caveats that my manager can change which day, or indeed my work might mean I'm in on a Thursday or Friday morning if needed for something specific - in addition to my usual Mon/Tue/Wed longer days in the office. This is how the policy works where I am - my working hours are fixed, the location of my work can vary around business needs. So it very much depends on what is in your work's policy (at least I think so...)

WTAFIsWrongWithPeople · 01/04/2026 17:36

ThelastRolo20 · 01/04/2026 12:16

@WTAFIsWrongWithPeopleit might not hold water as in it wasn't a contractual change. But she's fully able to request a formal change including place of work, and if she's successfully worked in that hybrid model successfully for a length of time she can position it as it successfully working.

They may well have a good business reason as to why it won't work on the new proposed reduced hours, but they still need to give a reason and not just "our hybrid policy says" as that's for, I presume, more informal arrangements

I don’t disagree.

WTAFIsWrongWithPeople · 01/04/2026 17:38

BurritoTamer · 01/04/2026 13:28

Hello thank you for this. In 2024, I made a statutory flexible working request that included 40% office/60% home and it was agreed in writing with both my manager and HR. I also compressed my hours but was FT before and after.

Would this count as a contractual change? It definitely wasn’t informal, I had the same “hearing” meeting with HR and my manager where I was invited to bring a colleague. After this my request was agreed in writing.

Show quote history

How was it worded?

WTAFIsWrongWithPeople · 01/04/2026 17:41

BurritoTamer · 01/04/2026 13:33

Does it not factor in that my current pattern was formalised in 2024 as part of a statutory flexible agreement?

Manager sent a department wide email recently that said “everyone with flexible working arrangements needs to revise them to suit the 60% office pattern”. Is that something he can force? I sort of thought the flexible working arrangement was legally protected against this kind of change, but maybe not?

Show quote history

We never agree flexible working on a perm basis. It can always be withdrawn by the business.

Unless your prior agreement was agreed on a permanent basis, it could be the same. It’s not automatic that agreement creates a permanent change.

So what does the flex working policy say, and what was the wording relating to the agreement of the previous agreement?

Original poster
BurritoTamer · 01/04/2026 17:58

WTAFIsWrongWithPeople · 01/04/2026 17:41

We never agree flexible working on a perm basis. It can always be withdrawn by the business.

Unless your prior agreement was agreed on a permanent basis, it could be the same. It’s not automatic that agreement creates a permanent change.

So what does the flex working policy say, and what was the wording relating to the agreement of the previous agreement?

Show quote history

All I have from 2024 is an email from my manager (and CCing HR), attaching my statutory flexible working request form, saying “As discussed, we are happy with the proposal set out in the attached”. This was following the meeting with HR.

So I took that at the time as a yes and have been working to that pattern since. I’m guessing it’s not enough?

OP posts:
honeylulu · 01/04/2026 18:12

Can you set out your current pattern of days/hours/locations and your proposed pattern of days/hours/locations?

Is your current pattern meeting the 60/40 requirement i.e. if you're full time 3 full days in office and 2 WFH.

With the new pattern are you reducing the number of hours per day equally? Or dropping a day(s)? Does the new proposed pattern mean you would dip below the 60% in the office? I think that's what your manager is getting at but I'm not sure.

PurpleThistle7 · 01/04/2026 18:12

What you need is your workplaces flex work policy. And hybrid policy.

Original poster
BurritoTamer · 01/04/2026 18:18

PurpleThistle7 · 01/04/2026 18:12

What you need is your workplaces flex work policy. And hybrid policy.

Ah well both of these changed in 2025, but I’m wondering how much weight my 2024 approved request has now. They have tightened their processes in that time, which they obviously can do. But does that retroactively affect old approved FWRs?

OP posts:
WTAFIsWrongWithPeople · 01/04/2026 18:20

BurritoTamer · 01/04/2026 18:18

Ah well both of these changed in 2025, but I’m wondering how much weight my 2024 approved request has now. They have tightened their processes in that time, which they obviously can do. But does that retroactively affect old approved FWRs?

Show quote history

It could.

ThelastRolo20 · 01/04/2026 18:33

BurritoTamer · 01/04/2026 17:58

All I have from 2024 is an email from my manager (and CCing HR), attaching my statutory flexible working request form, saying “As discussed, we are happy with the proposal set out in the attached”. This was following the meeting with HR.

So I took that at the time as a yes and have been working to that pattern since. I’m guessing it’s not enough?

Show quote history

I think this is enough, but as you're proposing a change they're taking this as an opportunity to align you with the rest of the business. Any change in policy wouldn't, in my eyes, retrospectively change your current pattern, particularly as those changes came in 2 years ago - it wouldn't be reasonable to use them now to force a change (outside of your request which, as above, they're going to use as an opportunity to align you).

If you like the role, and can make the hybrid work if go for it assuming the hours are the priority. Perhaps you can negotiate how the office days look (more on one week and less on another etc?). What I mean is try and go in with a few alternatives and hopefully an agreed outcome can be found

WTAFIsWrongWithPeople · 01/04/2026 18:39

BurritoTamer · 01/04/2026 17:58

All I have from 2024 is an email from my manager (and CCing HR), attaching my statutory flexible working request form, saying “As discussed, we are happy with the proposal set out in the attached”. This was following the meeting with HR.

So I took that at the time as a yes and have been working to that pattern since. I’m guessing it’s not enough?

Show quote history

Did you request it as a perm change on the form?

Original poster
BurritoTamer · 01/04/2026 18:41

WTAFIsWrongWithPeople · 01/04/2026 18:39

Did you request it as a perm change on the form?

Show quote history

ive just seen that the form they’ve approved in 2024 says
“The outcome of your request will confirmed to you in writing and if your request is
granted, there will be a standard three month trial period, if successful, it will mean a permanent change
to the terms and conditions of your employment, unless agreed otherwise.“

OP posts:
ThelastRolo20 · 01/04/2026 18:42

WTAFIsWrongWithPeople · 01/04/2026 18:39

Did you request it as a perm change on the form?

Show quote history

Don't think it matters if she had a FWR form and that confirmation - as long as it doesn't say temporary arrangement it doesn't need to specify perm. Length of time in the arrangement makes it a reasonable belief that it was. Certainly even if it was temporary at first I imagine they didn't put an end date of this far in the future!

Any ambiguity is on the company here

WTAFIsWrongWithPeople · 01/04/2026 18:42

ThelastRolo20 · 01/04/2026 18:33

I think this is enough, but as you're proposing a change they're taking this as an opportunity to align you with the rest of the business. Any change in policy wouldn't, in my eyes, retrospectively change your current pattern, particularly as those changes came in 2 years ago - it wouldn't be reasonable to use them now to force a change (outside of your request which, as above, they're going to use as an opportunity to align you).

If you like the role, and can make the hybrid work if go for it assuming the hours are the priority. Perhaps you can negotiate how the office days look (more on one week and less on another etc?). What I mean is try and go in with a few alternatives and hopefully an agreed outcome can be found

Show quote history

I don’t see it being this simple, given the statement about expecting everyone to move to 60% office attendance.

does feel like the 2024 process was pretty amateur, but the 2025 policy could well have been implemented as a catch all, and if the business didn’t believe the 2024 changes were contractual, they wouldn’t have consulted with OP separately.

WTAFIsWrongWithPeople · 01/04/2026 18:45

ThelastRolo20 · 01/04/2026 18:42

Don't think it matters if she had a FWR form and that confirmation - as long as it doesn't say temporary arrangement it doesn't need to specify perm. Length of time in the arrangement makes it a reasonable belief that it was. Certainly even if it was temporary at first I imagine they didn't put an end date of this far in the future!

Any ambiguity is on the company here

Show quote history

I agree re the ambiguity. But I don’t agree that it’s an automatic contractual change if there is no evidence that is what the company were expecting.

cucumber4745 · 01/04/2026 18:47

BurritoTamer · 01/04/2026 13:28

Hello thank you for this. In 2024, I made a statutory flexible working request that included 40% office/60% home and it was agreed in writing with both my manager and HR. I also compressed my hours but was FT before and after.

Would this count as a contractual change? It definitely wasn’t informal, I had the same “hearing” meeting with HR and my manager where I was invited to bring a colleague. After this my request was agreed in writing.

Show quote history

Yes, statutory request result in contractual term and agreement changes and are considered permanent. Are you in a trade union? I would request they are in the meeting and definitely speak to ACAS.

WTAFIsWrongWithPeople · 01/04/2026 18:48

cucumber4745 · 01/04/2026 18:47

Yes, statutory request result in contractual term and agreement changes and are considered permanent. Are you in a trade union? I would request they are in the meeting and definitely speak to ACAS.

Show quote history

Not necessarily.

Kirschcherries · 01/04/2026 18:50

BurritoTamer · 01/04/2026 18:41

ive just seen that the form they’ve approved in 2024 says
“The outcome of your request will confirmed to you in writing and if your request is
granted, there will be a standard three month trial period, if successful, it will mean a permanent change
to the terms and conditions of your employment, unless agreed otherwise.“

Show quote history

What you need to appreciate is you are now asking to change/re-negotiate the 2024 flexible working agreement. You want to reduce your hours I.e. change the 2024 agreement.

Your employer is therefore able to say, you want to change the 2024 agreement we will agree to your request but will at the same time change the agreement to comply with the current policy I.e. 60% office 40% home. Both parties negotiating a change to an agreement is a perfectly reasonable approach.

You can either keep the 2024 agreement with no change of hours or negotiate a new agreement that complies with company policy. The bottom line is you want to change the agreement and they are using the opportunity to also make changes. Perfectly standard approach.

.

ThelastRolo20 · 01/04/2026 18:51

WTAFIsWrongWithPeople · 01/04/2026 18:45

I agree re the ambiguity. But I don’t agree that it’s an automatic contractual change if there is no evidence that is what the company were expecting.

Show quote history

Even if the form says temporary, there would have been an end date/ review. After this length of time no reasonable person, nor tribunal, would consider it to be anything other than permanent. It seems to now be answered up thread but companies can't rely on "ah I know we haven't done anything about it in 3/4 years but we said at the time it was temporary for 3 months"