Consultation opens on improving access to flexible working

Background

All employees have a statutory right to request flexible working. In April 2024 the framework was amended to make the right a day one entitlement, require employers to consult before rejecting a request, and reduce the decision period to two months.

Despite these changes, the government considers that flexible working requests are still handled inconsistently. In particular, consultation processes are said to be poorly defined, leading to variation in approach and missed opportunities to explore alternatives.

The Employment Rights Act 2025 introduces a new statutory ‘reasonableness test’, expected to come into force in 2027. Employers will be required to accept statutory flexible working requests that are reasonable and feasible. If a request is rejected, the employer must explain why the refusal is reasonable by reference to one or more of the eight existing statutory business reasons.

Proposed consultation process

The government proposes to set out in secondary legislation a clearer process that employers must follow where they are unable to accept a statutory request.

This would require a meeting with the employee before a final decision is made. The meeting would focus on explaining the difficulties with the request, exploring whether those difficulties can be addressed, and considering alternative arrangements. The consultation also seeks views on expectations such as holding the meeting promptly, ensuring the appropriate decision-maker attends, keeping a record, considering trial periods where appropriate, and confirming the outcome in writing.

The new reasonableness test

Under the proposed framework, an employee who believes their request has been unreasonably refused will be able to bring a claim in the Employment Tribunal. The tribunal would assess reasonableness by reference to the eight statutory business grounds. If the claim succeeds, it may order reconsideration of the request and award compensation of up to eight weeks’ pay (subject to the statutory cap).

The consultation also seeks evidence about current handling of requests, training and guidance for decision-makers, and the types of resources that would assist both employers and employees. Statutory guidance is expected to accompany the reforms, and Acas will consider revising its Code of Practice following further consultation.

The consultation closes on 30 April 2026.

For more information or advice, please contact Lucy Cinnamond in our Employment team.