Quick answer
- The framework provides a right to request an arrangement, not an automatic right to receive the exact arrangement requested.
- Flexible-working requests under the statutory route are available for specified caring purposes; remote-working requests have a broader employee route.
- The request should be written, practical and supported by the information required in the WRC Code.
- The employer should consider the request objectively and respond in line with the statutory framework and Code.
On this page
Remote working and flexible working are different routes
| Request | Main focus | Important distinction |
|---|---|---|
| Remote working | A request to perform some or all work away from the normal workplace. | The statutory request route is available more broadly to employees, subject to its service and process rules. |
| Flexible working | A caring-purpose request that may change hours, pattern or place of work. | The statutory route is limited to the caring purposes and eligibility set out in the legislation. |
The framework gives a right to make a request and have the statutory process followed. It does not give an automatic right to the precise days, hours or location requested. Check the definitions, service requirement, notice and eligibility rules in the WRC Code before applying.
What to include in a useful request
- The arrangement requested and proposed start date.
- How often and where remote work would take place, where relevant.
- How duties, communication, data security, equipment and performance could be managed.
- The caring purpose and supporting information where the flexible-working route requires it.
- Any trial period or review point that could make the arrangement easier to assess.
How the employer should consider it
The employer should assess both the employee’s needs and the organisation’s operational requirements. The Code lists factors that may be relevant, including the role, suitability of the work location, service delivery, collaboration, performance, health and safety, confidentiality and technology.
A useful response should identify the arrangement considered, the operational factors assessed and whether an alternative, trial or review point is possible. Any later change or termination of an arrangement should also follow the applicable statutory framework and be recorded.
A refusal is not automatically a breach. The process, timing, written response, reasons and compliance with the statutory duties and Code are important.
If the process breaks down
- Keep the written request. Save the application and supporting material.
- Ask for the decision. Retain the written response and reasons.
- Use internal discussion. Consider a revised arrangement or trial where appropriate.
- Document the process. Keep meeting notes and any change or termination notice.
- Check the WRC route. A WRC complaint concerns statutory process compliance, not a substitution of its preferred business decision.
The WRC Code is intended to guide employers and employees through both request routes. A failure to follow the Code is not automatically a separate offence, but the Code can be admitted in evidence in relevant proceedings and its provisions may be taken into account. That makes a clear written record important for both sides.
Frequently asked questions
Do employees have a right to work remotely?
Employees have a statutory right to request remote working where the rules apply, not an automatic right to have every request approved.
Is flexible working the same as remote working?
No. Flexible working under the statutory route is connected with specified caring purposes, while remote working focuses on work location.
Can an employer refuse a request?
An employer may decide not to approve the requested arrangement, but must follow the applicable statutory process and consider the request in line with the WRC Code.
Can I complain to the WRC about the decision?
The WRC route concerns compliance with the statutory duties and process. It does not simply replace the employer's assessment with its own preferred arrangement.