Changes to handling flexible working requests

Employees currently have the right from day one of their employment to make a flexible working request. A request for flexible working is a request to change hours, times or place of work. An employer must deal with the request in a reasonable manner. If the employer is unable to agree the request, it must consult with the employee before refusing it. Refusal can only be on one or more of eight permitted business grounds, which are:

the burden of additional costs
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes.

Changes under the Employment Rights Act 2025

Under the Employment Rights Act 2025 (the Act), a new consultation process will be introduced that employers must follow when they refuse a flexible working request. The Government states that this aims to encourage employers and employees to fully explore viable solutions that work for both of them.

In addition, there will be a new ‘reasonableness test’, which means that employers must accept a flexible working request that is reasonable and feasible. If the employer refuses the request, they will need to not only refer to one or more of the eight permitted grounds, but also provide an explanation of why the decision is reasonable.

If the employee considers that the refusal is unreasonable, they will be able to issue a claim in the Employment Tribunal. The Act makes no changes to the current remedies available. If successful, the Tribunal can require that the employer reconsiders their decision and award compensation of up to 8 week’s pay, capped at the statutory maximum (currently £719 per week).

Consultation on flexible working

The Government has published consultation seeking views on a new process for employers to follow when handling flexible working requests.

The consultation seeks insights from employers and employees on existing practice and views on:

A proposed new ‘light touch’ process for employers consulting with employees where a request cannot be immediately agreed
What training, resources and support can help businesses navigate flexible working requests
Other ways to improve access to flexible working.

Comment

Consultation will close on 30 April 2026. The Government has stated that following this consultation, ACAS will consider revising its Code of Practice on requests for flexible working, to include guidance for employers on the new reasonableness test. This will involve further consultation.

The new flexible working provisions are due to come into force in 2027.

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13 March 2026

2026 Scrase Law Ltd. This update is for general information only and is not advice. You are recommended to seek professional advice before taking any action on the basis of this update