What is the current situation?
Employees already have a legal right to request flexible working from their first day of employment.
An employer must consult with the employee before refusing a flexible working request.
Employers can refuse the request for the following eight business reasons:
- It will create extra costs that will damage the business
- The work cannot be reorganised among other staff
- No one can be recruited to do the work
- It will affect quality
- It will affect performance
- It will affect the ability to meet customer demand
- There’s a lack of work to do during the proposed working times
- The employer is planning structural changes to the workforce.
So what’s changing and when?
The Government's changes in the Employment Rights Bill are intended to encourage employers to accept flexible working requests.
Regulations will spell out a specific consultation process that must be followed by employers before they refuse any flexible working request.
The Bill will also require that any refusal for one of the eight reasons must be reasonable. The employer will therefore want to be able to show that this reason genuinely applies, and that it was reached through a fair, evidence-based decision-making process.
The employer will also be required to explain to the employee in writing why the decision to refuse the request is reasonable.
These reforms are expected to take effect in 2027, with the Government intending to consult on the proposals during Winter 2025 and early 2026.
What you need to do now
- Review your current flexible working policy and practices. If you are confident that these are sound, there may be little to alter when the law changes.
- Train your managers and decision makers. Ensure they understand how to deal with a flexible working request, including how to make and record ‘evidence-based’ decisions.
- Consider your organisation’s current approach to flexible working requests. Is it open-minded enough? Even currently, your default position should not be ‘No’.
How can Make UK help you
Whether you’re already getting support from us or you’re just starting to explore your options, we’re here to help you plan for the Employment Rights Bill changes and protect your business.
Already getting support from Make UK?
You’ll receive updates from us as key legal changes come in, so you can stay compliant and up to date.
Detailed HR and employment law guidance and template policies and letters can also be found in the HR & Legal Resources section of our website. This includes template policies, letters and an impact assessment form to assist with evidence-based decision making when handling flexible working requests currently.
If you’ve got questions or need advice, your Make UK legal adviser is on hand to help, including arranging line manager training and HR policy reviews.
Our HR and legal consultants can also provide hands-on support to you on any projects as you prepare for these changes.
You can also shape future policy. We speak regularly with Government and feed into consultations, using input from businesses like yours.
New to Make UK?
You don’t have to face the changes alone. Whether you need quick input or ongoing support, we can help you however works best for your business.
One-off, practical supportIf you want focused help to get ready for the changes:
| Ongoing employment law and HR support
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Not sure what you need?
Call 0808 168 5874 or fill out the form and we’ll get in touch.
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06/08/2025