Flexible and Hybrid Working

Clarity, consistency and control in a post-Covid world

The rise of flexible and hybrid working has transformed employment norms, but it has also created confusion, conflict and risk.

Employers must now navigate a complex blend of legal rights, employee expectations, and operational realities. At Watershed, we help clients strike the right balance.


Flexible working is not just a lifestyle preference. It is a statutory right, a contractual issue, and a potential discrimination claim waiting to happen.



Missteps can lead to grievances, disengagement or litigation. Our role is to help employers manage these requests and arrangements with fairness, clarity and legal precision.

Understanding the legal framework

Every employee has the right to request flexible working. The law is not concerned with whether the reason is compelling or trivial. It focuses on how the employer considers the request.


We guide clients through the process, ensuring statutory requirements are met, responses are well-reasoned, and decisions are properly documented. Crucially, we help employers understand where refusal is defensible, and where it may give rise to risk, especially when disability or caring responsibilities are involved.

Navigating post-pandemic expectations

Covid-19 normalised remote and hybrid working. But what was once an emergency arrangement is now often treated as an entitlement. Employees who moved house, restructured their routines or recalibrated work-life expectations may resist any change in location requirements.

We advise employers on how to:

• Reassert office-based expectations after periods of remote work

• Manage team dynamics when flexibility is unevenly distributed

• Introduce or revise hybrid models without breaching trust or contract

• Respond to pushback from employees citing past arrangements as precedent

These are not abstract concerns. They are live, often contentious issues for many employers.

Policies that stand up

A flexible working policy should be more than a formal nod to legal obligations. It should provide real guidance to managers, set clear expectations for employees, and anticipate common points of tension. 

We draft policies that do exactly that.


We also review existing documentation to ensure consistency.

It is not uncommon to find contracts, handbooks and informal practices pulling in different directions. Alignment matters, especially when enforcing terms or resisting unreasonable demands.

Adjustments vs. preferences

A frequent challenge for employers is distinguishing between a flexible working request and a request for a reasonable adjustment. The former is a statutory process; the latter is a legal duty under the Equality Act.

We help employers identify the distinction and respond accordingly. This is particularly important in cases involving mental health, neurodivergence or disability, where a miscategorised request can quickly become a claim.

Training and manager support

Flexible working policies are only as effective as the people applying them. We provide tailored training and guidance for line managers and HR teams to ensure consistent, confident decision-making. This includes:

• How to assess requests fairly and lawfully
• When to consult legal or HR support
• How to manage employee expectations in sensitive cases


We also advise on how to communicate changes to existing arrangements, particularly where flexibility is being reduced or restructured.

Why clients choose Watershed

Our clients value our ability to blend legal clarity with commercial realism. We do not simply quote legislation. We explain what it means for your team, your policies and your working model.


Whether you are responding to individual requests or designing a company-wide hybrid strategy, we ensure your approach is structured, defensible and aligned with your culture.


Flexible working may be here to stay. But uncertainty doesn’t have to be.