Flexible working may not have been one of the headline topics within the Employment Rights Act 2025, but employers should not underestimate the impact of the changes that are on the way.
The government has now confirmed that, from Autumn 2027, employers will be required to take additional steps before rejecting a flexible working request. Alongside new consultation requirements, a statutory "reasonableness test" will be introduced, requiring employers to demonstrate that requests have been properly considered before a decision is made.
What will employers be expected to do?
- Hold a meeting before rejecting a request.
- Explore alternative arrangements where the original request is not feasible.
- Engage in meaningful consultation with a view to reaching agreement.
- Clearly communicate the outcome and decision in writing.
Whilst the right will remain a right to request flexible working, rather than a right to work flexibly, the reforms signal a shift away from employers simply identifying a statutory reason for refusal. Instead, greater emphasis will be placed on consultation, communication and evidence of reasonable decision-making.
What changes have been dropped?
Some proposals will not be taken forward, including:
- A statutory right of appeal.
- A statutory right to be accompanied.
- A requirement for a senior decision-maker to attend meetings.
However, employers may still wish to consider these as part of a fair and consistent process.
Preparing for the changes
Although the changes are still some way off, the direction of travel is clear. Employers should take the opportunity now to review their procedures, consider how requests are assessed and ensure managers understand the expectations that are likely to apply in the future.
