9 Nov 2026
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Changes to flexible working legislation are on the way, placing greater responsibility on employers to demonstrate that decisions to refuse flexible working requests are reasonable. With the reforms expected to come into force in autumn 2027, employers should start reviewing their policies and procedures now.
Flexible working has become an increasingly important consideration for employees and employers alike. Whether it involves working from home, changing working hours, compressed hours or part-time arrangements, employees are looking for greater flexibility in how they balance their work and personal commitments.
Research published by Acas on 1 October 2026 found that 78% of surveyed employees consider flexible working important in a job, highlighting its growing significance for businesses looking to attract and retain staff.
The Employment Rights Act 2025 introduces changes designed to make it more difficult for employers to refuse reasonable flexible working requests without proper justification.
Although the reforms will not give employees an automatic right to work flexibly, they will change how employers must assess requests, consult with employees and explain their decisions.
Since 6 April 2024, employees have had the statutory right to request flexible working from their first day of employment.
Under the current rules:
These reasons include additional costs, an inability to reorganise work among existing staff, difficulties recruiting additional employees, detrimental effects on performance or quality, and an inability to meet customer demand.
Currently, employers must identify a valid statutory reason for refusal, but there is no separate statutory requirement to demonstrate that the refusal itself is reasonable. This is one of the biggest changes under the new rules with the forthcoming changes placing greater responsibility on employers to demonstrate that their decisions are reasonable, justified and supported by clear evidence.
The reforms introduce two important changes to how employers deal with flexible working requests.
Employers will still be able to refuse flexible working requests for one or more of the existing eight statutory business reasons.
However, simply identifying one of those reasons will no longer be sufficient.
Employers will also need to demonstrate that refusing the request is reasonable in the circumstances and explain the basis for their decision to the employee.
For example, an employer might previously have refused a request to work from home two days a week on the grounds that it would have a detrimental impact on performance.
Under the new rules, the employer will need to consider whether that concern is justified and explain why the proposed arrangement cannot reasonably be accommodated.
This could involve considering the employee's responsibilities, the need for office attendance, how performance would be affected and whether alternative arrangements could address the concerns.
The key change is that employers will need to justify not only the business reason for refusing a request, but also why refusal is a reasonable response.
Employers are already required to consult employees before rejecting a statutory flexible working request. However, the current legislation does not prescribe a detailed consultation process.
Following its consultation, the Government confirmed in September 2026 that it will introduce a mandatory process which employers must follow before refusing a request.
Based on the Government's consultation response, this will include:
The consultation should be a genuine attempt to reach an agreement rather than simply an opportunity to communicate a decision that has already been made.
There will be no statutory right to be accompanied at the meeting or to appeal a refusal, although allowing both is encouraged as good practice.
The detailed requirements will be confirmed in secondary legislation, supported by an updated Acas Code of Practice.
Yes. The new legislation does not create an automatic right to flexible working, and employers will not be expected to agree to arrangements that cannot reasonably be accommodated.
The existing eight statutory reasons for refusal will remain:
However, employers should be prepared to explain how the relevant reason applies to the particular request and why refusing it is reasonable.
For example, if an employee requests compressed working hours, an employer may have legitimate concerns about maintaining service levels or covering particular working periods.
Rather than rejecting the request immediately, the employer should consider whether adjustments to working patterns, different start and finish times or a trial period could provide a workable solution.
If the arrangement remains impractical, the employer should be able to explain the specific operational difficulties and why the alternatives considered would not adequately address them.
For many employers, the reforms may not require a complete change in approach, particularly where requests are already considered carefully and discussed openly with employees.
However, they are likely to increase the importance of consistent procedures, effective management and clear record-keeping.
Employers should expect to provide more detailed explanations when refusing requests. General statements about business needs or preferences for office-based working may be difficult to justify without evidence of the actual impact.
The new consultation requirements may involve more time spent assessing requests, holding meetings, exploring alternatives and documenting decisions. Managers will need to understand both the legal requirements and the practical considerations involved.
Employers may need to consider how individual requests affect staffing levels, workload distribution, customer service and other employees. This may be particularly relevant for smaller businesses where there is less flexibility to redistribute responsibilities. The draft Acas Code includes new guidance on handling multiple requests from the same team.
Poorly explained or inconsistent decisions may be more vulnerable to challenge under the strengthened framework. Employers should also remember that flexible working requests can raise separate discrimination issues, particularly where disability or caring responsibilities are involved.
A refusal may be lawful under the flexible working legislation but still create a risk of discrimination under the Equality Act 2010.
A badly handled refusal could also contribute to a constructive dismissal claim. That risk increases from 1 January 2027, when the qualifying period for unfair dismissal reduces to six months and the cap on compensation is removed.
Flexible working can also offer benefits to employers. Where arrangements are practical, greater flexibility may help attract candidates, retain experienced employees and improve job satisfaction.
The objective should be to identify arrangements that work for both the employee and the business.
Although the reforms are not expected to take effect until autumn 2027, employers should use the time available to prepare.
Check that your existing policy reflects the current statutory requirements and identify where changes will be needed.
Your policy should explain how employees can submit requests, how they will be considered, who is responsible for decisions and how employees can appeal.
Once the regulations and updated Acas guidance are finalised, policies should be updated to incorporate the new consultation and reasonableness requirements.
Managers should understand that personal preferences or assumptions about flexible working are not sufficient grounds for refusal.
Encourage managers to consider each request individually, identify genuine operational concerns and explore possible solutions before reaching a decision.
Consistency is important, but this does not mean every employee must receive the same outcome. Different roles, responsibilities and business requirements may justify different arrangements.
Employers should document the reasons for any concerns, the discussions held with the employee, the alternatives considered and the explanation for the final decision.
For example, where an employer believes a proposed arrangement would affect customer service, it may be useful to record the staffing requirements, expected impact and any alternative arrangements considered.
Good record-keeping will help demonstrate that a request has been assessed fairly and reasonably if the decision is subsequently challenged.
An employee's original proposal may not be workable, but a modified arrangement might be.
For example, where a request for three days working from home cannot be accommodated, the employer could consider whether one or two days would be practical.
Similarly, an alternative working pattern or a temporary trial period may allow both parties to assess how an arrangement works in practice.
Any trial period should have clear terms, including its duration, how success will be measured and when the arrangement will be reviewed.
Take particular care where requests relate to disability, pregnancy, childcare or other circumstances that may engage equality legislation.
For disabled employees, employers may have a separate legal duty to make reasonable adjustments, regardless of the statutory flexible working process.
These obligations should be considered alongside the flexible working rules rather than treating every request solely as a matter of operational preference.
Review how flexible working arrangements could affect your business, including office coverage, customer demand, team collaboration and workload distribution.
Identifying genuine operational requirements in advance will help managers make informed decisions and assess whether alternative arrangements are possible.
The Government intends to introduce the changes in autumn 2027.
Further regulations will establish the mandatory consultation process, and Acas is currently consulting on proposed revisions to its statutory Code of Practice on flexible working.
The Acas consultation closes on 17 December 2026, with the updated Code expected to provide employers with further guidance on handling requests, conducting consultations and demonstrating that decisions are reasonable. The final Code is expected to be laid before Parliament in summer 2027 and to take effect alongside the new rules.
Until the new legislation comes into force, employers should continue to follow the existing flexible working requirements and current Acas Code. However, reviewing policies and procedures in advance will help businesses prepare for the changes.
The forthcoming changes mean employers will need to take a more considered and transparent approach to flexible working requests.
While businesses will retain the right to refuse requests for legitimate reasons, it will become increasingly important to demonstrate that decisions are reasonable, supported by evidence and reached following meaningful consultation.
Reviewing policies, training managers and establishing clear procedures now can help employers prepare for the new requirements and reduce the risk of future disputes.
At Hegarty, our Employment Law team advises businesses on their employment law obligations, including flexible working requests, workplace policies, discrimination risks and managing employee relations.
If you would like advice on preparing for the changes or handling a flexible working request, contact our Employment Law team.
Whatever legal support you need, our experienced and highly skilled solicitors and legal advisors are here to help. With expertise across a wide range of legal areas, we provide clear, practical advice tailored to you. What sets us apart is our commitment to understanding your needs and delivering the best possible outcome with a personal touch.
