see here).  
 
Unfortunately ACAS guidance in this area is limited. There is no “one size fits all” response for how best to deal with competing requests or requests which are affected by previous flexible working requests from other employees. That said, the points outlined below will give you a feel for some issues to bear in mind when you are considering whether to agree to a flexible working request in these circumstances.  
 
Firstly, the updated ACAS Code of Practice on requests for flexible working (which is due to come into effect from April 2024, see here) stresses the importance of employers being open minded and taking a constructive approach when considering flexible working applications. You should approach each request with fresh eyes, and your default position shouldn’t be to say no, even if you are handling more requests than before.  
 
It is important to avoid any policy or mentality (either spoken or unspoken) of only allowing a finite capacity of flexible working requests to be approved. Don’t draw a line in the sand and assume you have reached saturation point with flexible working requests. This is especially the case for roles where homeworking is an option. You might think that you cannot accommodate a new request, but if you are minded to refuse a request, be clear about why it is not feasible and check that you can rely on at least one of the eight legitimate statutory bases of refusal. Assessing discrimination risks should also play a part in your decision making. It is important to consider each situation on its facts and avoid imposing blanket policies.  
 
You should assess each request based on relevant circumstances at the time you receive it, which may include taking into account the impact of other flexible working arrangements you have previously agreed. It is a good idea to carry out a risk assessment when doing this; the Make UK Form - impact assessment: flexible working request in Family rights and flexible working downloads is designed to help you identify whether you can agree a request, or whether you have one of the eight legitimate reasons to refuse it.  
 
If you genuinely have a statutory reason to refuse the new request, even if this is in part due to previously granted requests, then you are entitled to do this. However, given your obligation to deal with requests in a “reasonable manner”, it is often useful to have a conversation with those people who already work flexibly to see whether they can help towards accommodating new requests. If flexible working arrangements are already written into their contract, they will not be obliged to change their terms, but it generally doesn’t hurt to ask the question and they may be able to help you achieve a compromise. Keep in mind that this approach may raise confidentiality issues and its appropriateness will depend on the individual circumstances.  
 
Handling competing requests is not easy and the best route forward will depend on the precise circumstances, so it may be helpful to discuss your specific situation with an employment law expert to help limit the risk of legal claims. If you are a Make UK subscriber, you can speak to your regular adviser for further guidance and/or access information (including our Policy – flexible working (and application form)) in the Family rights and flexible working section of our website. You may also find it useful to watch our free flexible working webinar, “Handling flexible working requests: getting to grips with the new rules”, see here.  
 
If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources or purchase our pack of essential flexible working documentation. Please click here for information on how we can help your business.