Last reviewed: 19.11.2025
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 legislation 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 before then.
What you need to do
The timing of some of these actions will depend on when the detail of the new laws is finalised and when the changes come into force. However, you can start to plan now:
- Review your flexible working policy and practices and build in an evidence-based approach so that if you have to refuse a request you can show it is reasonable to do so.
- 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 we can help
- Sign up to our updates as the legal changes come in, so you can stay compliant and up to date.
- We have detailed HR and employment law guidance, template policies and letters on our website in the HR & Legal Resources section, which will be maintained as the changes come into force.
- Our team of employment lawyers is happy to help if you’ve got questions or need advice. And if you need hands-on support with any projects as you prepare for the changes, our HR and legal consultants can work with you to get the right steps in place and stay compliant.
- Use our ERB enquiry line ([email protected]) for real-time access to legal specialists when you need quick answers about the Employment Rights Bill.
- Ask about our Right track review (coming soon): A focused, in-business audit with clear, practical steps to keep you compliant.
- You can also shape future policy. We speak regularly with Government and feed into consultations, using input from businesses like yours.
Ongoing employment law and HR support
- For longer-term support, our retained service includes:
- Direct access to employment law experts.
- Regularly updated HR policies and templates.
- Advice for day-to-day issues and bigger picture planning.
- The chance to help shape Government policy.
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