Flexible working is here to stay, and it’s a good thing. From school pickups to passion projects and productivity peaks, people want more say over how, when, and where they work. But for employers, knowing how to respond to flexible working requests (and stay on the right side of employment law) can be a bit of a minefield.
This article unpacks the what, why, and most importantly, how of responding to flexible work requests, whether you’re leaning toward a “yes,” a “not right now,” or a “sorry, no”.
What the Law Says About Flexible Work in NZ
Under the Employment Relations Act 2000, any employee can request flexible working arrangements, and they can do so from day one of their employment. You’re legally required to consider the request and respond in writing within one month.
A request might involve changes to:
- Hours of work (start and finish times)
- Days of work (compressed or spread out)
- Place of work (e.g., working from home)
- Job share or part-time arrangements
You don’t have to say yes, but you do need a valid business reason if you say no. MBIE outlines acceptable grounds for refusal, including:
- Inability to reorganise work among existing staff
- Negative impact on quality or performance
- Insufficient work during proposed hours
- Planned structural changes
Why Flexibility Matters
While the law lays out the rules, cultural expectations have shifted. Flexibility is no longer a perk, it’s a standard expectation, especially post-pandemic. For many candidates, it’s non-negotiable.
Offering flexible options (where possible) can:
- Attract and retain top talent
- Boost productivity and engagement
- Support employee wellbeing and work-life balance
- Demonstrate your business’s adaptability and care
But that doesn’t mean saying yes to every request is always right. The trick is balancing fairness, feasibility, and transparency.
How to Say Yes, the Right Way
When you’re ready to approve a request, clarity is key. A “yes” should come with documented changes and clear expectations.
Best practice tips:
- Confirm the new arrangement in writing (update the employment agreement if it’s a permanent change).
- Set a trial period if you’re unsure — 3–6 months is standard.
- Clearly outline expectations (e.g., availability, communication norms, output).
- Keep communication open — check in regularly to see how it’s working.
Working with an experienced HR consultant ensures your agreements are compliant and your approach reflects both legal and cultural expectations. Our HR consultancy services are here to help.
How to Say No, Without Burning Bridges
Saying no doesn’t have to be a hard conversation. The key is showing that you’ve considered the request fairly and explaining your reasoning clearly.
If you’re declining a request:
- Acknowledge it thoughtfully. Thank them for raising it.
- Explain the decision. Be honest, use valid legal reasons, and point to specific impacts.
- Offer alternatives. If full flexibility isn’t possible, could you offer occasional remote days, adjusted start times, or revisit the request later?
Example language:
“We’ve carefully reviewed your request to work remotely three days per week. At this stage, due to the hands-on nature of your role and the need for in-office collaboration, we’re unable to support this arrangement permanently. However, we’d love to explore a trial of one remote day per week for the next three months and revisit how it’s going.”
What to Watch Out For
- Inconsistency. Approving some requests and rejecting others? Be ready to explain why. Decisions should be based on role requirements, not favouritism.
- Unwritten arrangements. “Casual flex” is great, but it shouldn’t replace formal processes. Document what you’ve agreed to.
- One-size-fits-all policies. What works for one team might not work for another. Tailor your approach and keep reviewing it.
Flexible Working Policy: A Must-Have
Having a clear policy helps manage expectations and ensures consistency across your business. It should outline:
- Who can apply and when
- How to apply (process and form)
- How requests are assessed
- What happens after approval or decline
- Maintaining performance standards
Need help writing one? TPP’s HR Compliance services can create a custom, legally-sound policy that fits your business.
Frequently Asked Questions
Q: Can I say no to flexible working if I just don’t like the idea?
No. Refusals must be based on specific business grounds under the Employment Relations Act.
Q: Can employees appeal my decision?
While there’s no formal appeals process, employees can raise a personal grievance if they believe the process wasn’t fair or the reason for refusal wasn’t genuine.
Q: Should I trial flexible work before agreeing permanently?
Absolutely. A trial helps both parties see how it works in practice. Just be sure to set clear parameters.
The Bottom Line
You don’t have to say yes to every flexible working request. But how you handle the conversation makes a big difference. Be fair. Be clear. And remember, flexibility is more than a trend. It’s an opportunity to build a more engaged, resilient, and future-ready workforce.
When you’re ready to approve a request, clarity is key. A “yes” should come with documented changes and clear expectations.