Insight from an HR consultant in Edinburgh on what you need to know before refusing a flexible working request during the school holidays.
As a small business owner, you’ve almost certainly had someone ask to change their hours over summer.
Saying yes feels easy. Saying no feels risky. And you might not be sure where you actually stand legally.
Some of the rules are about to tighten again such as tribunal time limits in October 2026.
Here’s what you need to know so you can handle these requests with confidence.
The problem with saying yes or no too quickly
When a team member asks to work from home on certain days, or to start earlier so they can finish in time for the school run, the temptation is to give a quick answer either way.
But both responses carry risk if you haven’t thought them through properly.
Saying yes without considering the impact on your business could leave you short-staffed or unable to meet customer expectations. Saying no without a solid reason could leave you exposed if that employee decides to challenge your decision.
At Albany HR, we believe that flexibility works best when it supports both the business and the person. With the legal rules shifting, taking a structured approach is the best way to care for your team while protecting your business.
What changed in April 2024
Flexible working became a day one right. Previously, employees needed at least six months of service before they could submit a request. That qualifying period no longer exists.
Your team members can now make up to two flexible working requests each year. You’re required to respond to each one within two months.
And you can only turn a request down if it falls under one of eight specific statutory grounds.
What’s coming down the track
The rules are tightening. In October 2026, the time limit for employees to lodge most employment tribunal claims will double from three months to six months. This means any mishandled summer requests could risk a legal challenge for much longer.
Following that, in January 2027, the Employment Rights Act officially introduces the new “reasonableness test” for flexible working. Up until now, you’ve been able to refuse a request simply by citing one of the eight statutory grounds. From 2027, that alone won’t be enough—you will also need to formally demonstrate and explain in writing why your refusal was reasonable for your specific business.
The grounds you can rely on to refuse
There are eight statutory reasons that allow you to turn down a flexible working request. A few of the most commonly relevant ones for smaller businesses include:
- Additional cost burden. If granting the request would create costs your business genuinely can’t absorb, that’s a valid ground.
- Impact on customer demand. If the proposed arrangement would make it harder for you to serve your customers properly, you can refuse on that basis.
- Inability to redistribute work. Where there simply aren’t enough people to cover the work if one person changes their pattern, that’s a legitimate concern.
- Impact on performance or quality. If the change would affect the standard of work being delivered, you’re within your rights to say no.
Other grounds include the inability to recruit additional staff, insufficient work during the proposed hours, and planned structural changes within the business.
The key point is that your reason needs to be genuine and specific. A vague feeling that it would be inconvenient isn’t enough. You need to be able to explain clearly why the request creates a real problem for your business.
How to handle requests fairly
Every request deserves its own consideration. You can’t apply a blanket summer policy that covers everyone. Each person’s role, circumstances and proposed arrangement will be different, and your response needs to reflect that.
Look at each one on its own merits
Take time to think about what the person is actually asking for and what impact it would have on your daily operations. A written decision within the two-month window is a legal requirement.
Stay consistent across your team
If you’ve agreed to a similar arrangement for someone else in a comparable role, turning down the next person needs a clear and documented reason. Inconsistency is one of the quickest ways to find yourself in difficulty.
Consider alternatives before refusing
Could you agree to a trial period of a few weeks? Could the hours be tweaked slightly to make it work for both sides? Having that conversation demonstrates good faith. It also reduces your risk if the decision is ever questioned later on.
As part of HR consultancy services in Edinburgh, I often see that a short conversation can resolve what initially feels like an impossible request.
What to do if you decide to refuse
Document everything. Write down which of the eight statutory grounds applies and explain why it applies to this specific request. Be clear and factual.
That written record is your protection. If the employee challenges your decision, whether informally or through a formal process, your documentation is what you’ll rely on.
From October 2026, you’ll also want to note why your refusal was reasonable given your business circumstances. Building that habit now will put you in a much stronger position when the new rules come into effect.
Getting your process right before the requests arrive
Summer comes around every year, and so do the requests. Having a clear flexible working policy in place before they start landing on your desk makes everything easier.
A good policy sets out how employees should submit requests, what the process looks like, and how decisions will be communicated. It gives you a clear framework to follow so you are never caught off guard.
Consistent processes and well-documented decisions are what protect your business if anything is ever challenged.
How I can help
If you’re unsure how to respond to a specific request, or you want to get your flexible working policy in shape ahead of the summer, I’d love to help.
As an outsourced HR consultant in Edinburgh, I can review your current approach, help you build a process that works for your business, and advise on individual requests where you’re not sure of the right call.
I can also make sure you’re prepared for the changes arriving in October 2026, so nothing catches you off guard.
If you’d like to have a chat about any of this, please do get in touch and we can book a discovery call. I’m always happy to talk things through.
