What is the current position?
Employees already have a statutory right to request flexible working from their first day of employment.
Before refusing a flexible working request, an employer must consult with the employee.
An employer may only refuse a request for one or more of the following eight business reasons:
It would result in additional costs that would be detrimental to the business
The work cannot be reorganised among existing staff
The employer cannot recruit someone to do the work
It would have a negative impact on quality
It would have a negative impact on performance
It would affect the employer’s ability to meet customer demand
There is insufficient work available during the proposed working times
The employer is planning structural changes to the workforce
What’s changing and when?
The Government’s proposals in the Employment Rights Act are intended to encourage greater acceptance of flexible working requests.
New regulations will set out a prescribed consultation process that employers must follow before refusing any flexible working request.
In addition, where a request is refused for one of the eight statutory reasons, the employer will be required to show that the refusal is reasonable. This means employers will need to demonstrate that the reason genuinely applies and that the decision was reached through a fair, evidence-based process.
Employers will also be required to explain in writing why the decision to refuse the request is reasonable.
These changes are expected to come into force in 2027, with the Government planning to consult on the detail before implementation.
What you need to do
The precise timing of these steps will depend on when the legislation is finalised and comes into effect. However, employers can begin preparing now:
Review your flexible working policy and procedures, ensuring they incorporate an evidence-based approach so that any refusal can be justified as reasonable.
Train managers and decision-makers so they understand how to handle flexible working requests, including how to make and properly record evidence-based decisions.
Reflect on your organisation’s current approach to flexible working. Even under the existing rules, the starting point should not be an automatic refusal.
How Bhayani Law can help you
Whether you are an existing client or seeking our support for the first time, we can help you prepare for these changes and stay compliant.
Already getting support from Bhayani Law?
You will receive updates from us as legal changes are confirmed, helping you stay compliant and confident.
We offer detailed HR and employment law guidance, along with template policies, letters and an impact assessment form to support fair and well-documented decision-making on flexible working requests.
If you have questions or need advice, your dedicated advisor is available to help. We can deliver manager training and review your HR policies.
Our HR and legal team can also provide hands-on assistance with projects to prepare your organisation for these changes.
New to Bhayani Law?
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.
Ongoing HR & Employment Law Support
Our Watertight HR Retainer service includes:
- Direct access to specialist employment law and HR advisors
- Regularly updated HR policies, contracts, and templates via our Watertight HR Hub
- Practical advice for day-to-day HR issues and strategic planning
- Access to monthly HR Spotlights
- Different plans to suit your organisation: Light, Standard or Premium.
One-off, Project-Based Support
If you need targeted assistance:
- Watertight OnSite Support – Bring our specialists into your organisation for short-term, high-impact support, ideal for periods of upheaval like restructures, policy rollouts, or crisis management.
- HR Training – Custom training sessions delivered by our employment law specialists and HR advisors, focusing on real-world scenarios like discrimination, tribunal preparation, or strategic HR compliance.
Not sure where to start?
Call us on 0333 888 1360 or contact us online and one of our team will get in touch.
Please note: Our ERA Employer Guides reflect our current understanding of the planned legal changes, but many of the reforms require consultations and regulations before implementation and are subject to change. The information provided in this document is for general informational purposes only and should not be considered legal advice.
