Tips for negotiating flexible working

Employees have a right to request flexible working, but there is no right to be given flexible working and employers can turn down requests if they have a permitted business reason.

According to the Trade Union Congress (TUC), one in three requests for flexible working are turned down. So it is important to think about how you present your request in order to maximise your chances of success.

The ideal request is one where the employer can see how the flexible work pattern will benefit them, as well as you. This is called “making the business case”.

How to prepare for a flexible working negotiation

Start with an informal conversation. Speak with your employer to say you are considering making a flexible working request, and understand any questions or objections they may have. Knowing your employer’s mindset in advance will help you to avoid refusal because you can address their concerns in your request.

Plan ahead and be prepared to suggest solutions and compromises. Think about what your employer’s objections may be, and how you can address their concerns. For instance, if your employer is worried that a flexible working pattern would impact performance, be prepared to explain to your employer how you can make sure that you can keep up performance. Also think about other flexible arrangements that might work for you and your employer – for instance, if your employer won’t agree to reduce your hours for legitimate business reasons, you could suggest a job share.

Gather information on colleagues who work flexibly. Do you have any colleagues who have made a flexible working request? If so, ask them about their request and what made it successful / unsuccessful.

Negotiate in an open, positive and solution-focused manner. Try to keep your conversations with your employer positive by focusing on what can work for you, rather than what is wrong with your current situation. If your employer has objections or concerns, you can overcome these by offering alternative solutions or compromises.

Keep notes! Try to document all conversations about flexible working in writing if possible. This is important in case your employer tries to change their mind, or refuses your request and you would like to challenge their refusal. One way to do this is to email yourself after any discussion you have had with a contemporaneous and time stamped record of what was said.

For a detailed guide on choosing a new work pattern, see our article on choosing a new work pattern.

How to approach the negotiation

• Aim high and be prepared to settle for less.
• Make sure you know what you are asking for and that you ask for it. Think about your objectives carefully – what do you want out of this negotiation? What is the best alternative? What is your longer-term strategy?
• Don’t expect to get everything that you ask for. Plan for your concessions in advance, and plan for your employer’s objections.
• Make compromises where possible to allow the negotiations to move forward. You should take a collaborative approach.
• When in a negotiation, don’t be tempted to fill silence if your manager is thinking or taking time to respond.
• Don’t wait for the last minute before you make your request, allow plenty of time.
• Suggest a trial period, so that you can see if it works out.
• Put yourself in your manager’s shoes, what is reasonable? You should think like your employer. Be aware of how they may perceive your request, and try to bridge the gap.
• Offer as much flexibility as you can on your side of the proposal, so that your manager knows that you are willing to be flexible too.
• You should be tough on issues, but soft on people. Focus on maintaining the relationship with your employer.
• Appeal to their human side – explain why you need the new work pattern and mention if it is because of childcare or disability.

If negotiation doesn’t work

See our article on what to do if your flexible working request is refused.

You might also find our Flex Request masterclass video useful.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.