Employers will face stronger requirements before refusing a flexible working request, under planned changes announced by the Government.

First Secretary of State Louise Haigh announced the reforms during a speech to the Trades Union Congress in September 2026. She said employers seeking to reject a request would have to meet with the employee, properly consider their proposal and explain why it cannot be accepted.

The Government has since provided further details about the proposed process. Employers will be expected to consider whether the requested arrangement is feasible, discuss potential problems and explore suitable alternatives with the employee before reaching their decision.

However, employers will still be able to reject requests where there is a genuine business reason. The changes will therefore strengthen the process surrounding flexible work arrangements, rather than giving employees an automatic right to their preferred working pattern.

What Has the First Secretary of State Said About Flexible Working?

During her Trades Union Congress speech, Louise Haigh acknowledged that not every role can be performed from home. However, she agreed that businesses have legitimate operational requirements as well. Yet, she urged employers to take every request for flexibility seriously.

The announcement builds upon existing flexible working rights. Employees currently have the statutory right to request flexible working from their first day of employment and can make two statutory requests during any 12-month period.

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Employers are already required to deal with requests reasonably, consult employees before rejecting them and reach a decision within two months, unless a longer period is agreed.

The Government now plans to strengthen those requirements. Its September 2026 consultation response confirms that employers will have to hold a meeting before rejecting a request, with detailed regulations expected to come into force in autumn 2027.

What Will Employers Have to Do Before Refusing a Flexible Working Request?

Under the planned rules, employers will have to hold a meeting before refusing a flexible working request. The purpose will be to consider whether the employee’s proposed arrangement could work and whether any identified problems can be resolved.

If the original proposal cannot be accommodated, the employer and employee will also need to consider whether suitable alternative arrangements are available. The Government says the meeting should be approached with a view to reaching an agreement.

Employees must receive fair and reasonable notice of the meeting and understand its purpose beforehand. Employers will be expected to explain any difficulties associated with the proposal and consider possible solutions with the employee.

Following the meeting, the employer will have to provide written confirmation of the outcome. This could confirm that the request was accepted, rejected or that an alternative arrangement was agreed. Employers will not be required to produce detailed meeting minutes. However, the written notification will need to summarise any conclusions or next steps agreed during the discussion.

What Are the Current Flexible Working Rules?

Employees already have a statutory right to request flexible work arrangements from their first day of employment.

Flexible working can involve changes to the number of hours an employee works, their starting and finishing times, the days they work or their working location. Arrangements could include part-time working, flexitime, compressed hours, job sharing, remote working or hybrid working.

For example, an employee seeking different flexible working hours could request an earlier start and finish. Another employee might ask to reduce their working days or work remotely for part of the week.

Importantly, the law provides a right to request flexible working. It does not automatically give employees the right to work according to their preferred arrangement.

Employers must consider statutory requests reasonably and can only reject them for recognised business reasons. Unless a request is accepted in full, the employer must consult the employee before reaching its decision.

The Acas Code of Practice encourages employers to approach these discussions with an open mind. Consultation provides an opportunity to properly understand the employee’s request and consider alternatives where the original arrangement cannot reasonably be accommodated.

Why Can Employers Refuse a Flexible Working Request?

There are circumstances where refusing a flexible working request can be lawful. Employers do not have to accept arrangements that create genuine difficulties for their business.

However, employers considering a statutory request must rely upon one or more of the recognised business reasons for rejection. These include the burden of additional costs, an inability to reorganise work among existing staff and an inability to recruit additional employees. A request can also be rejected because of a detrimental effect on quality, performance or the employer’s ability to meet customer demand.

Other permitted grounds include insufficient work being available during the periods the employee proposes to work and planned structural changes to the business.

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For example, an employee could request flexible hours at work that would leave an important part of the working day without sufficient staff. Where responsibilities cannot reasonably be redistributed, an employer may have grounds for refusing the request.

Similarly, an employee could request to work entirely from home despite their role requiring regular face-to-face customer contact. The employer might reasonably conclude that the arrangement would negatively affect its ability to meet customer demand.

However, employers should not simply identify a statutory reason and end the discussion. They should consider whether the difficulty can be addressed through an alternative arrangement.

Should Employers Consider Alternative Flexible Work Arrangements?

Consultation can be particularly important where an employer cannot accept the employee’s preferred request but believes a compromise might be possible. For example, an employee could ask to work remotely for three days each week. If the employer believes this would create operational difficulties, the parties could discuss whether one or two remote-working days would be workable instead.

Similarly, an employer unable to agree to particular flexible working hours could suggest different start and finish times. Other possibilities could include compressed hours, part-time working, job sharing or a trial period. The Government’s planned reforms place greater emphasis on these discussions. Employers will be expected to clearly communicate the problems they have identified and consider potential solutions before refusing the original request.

This does not mean an employer will always have to accept an alternative. However, discussing other options can help determine whether flexible work arrangements that meet both sides’ needs are possible.

How Can You Make a Reasonable Flexible Working Request?

Employees can make their request easier to consider by clearly explaining what arrangement they want and when they would like it to begin.

A statutory flexible working request must be made in writing. The employee should state that it is a statutory request for flexible working and include the date on which they are making it. The request should explain the proposed working arrangement and the date on which the employee would like it to start. Employees must also state whether they have made a previous statutory flexible working request and, if so, when.

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Employees do not have to demonstrate that their proposed arrangement will benefit the employer. However, considering potential practical difficulties beforehand can be helpful.

For example, someone requesting different flexible hours at work could consider how their responsibilities would be covered outside their proposed hours. An employee requesting home working might consider how meetings, customer contact and collaborative tasks could continue effectively.

Employees should also remember that they do not need a particular personal reason for requesting flexible working. The statutory right is available generally and is not restricted to parents or people with caring responsibilities.

What Should You Include in Your Flexible Working Request?

Your request should clearly identify the change you are seeking. Explain whether you want to alter your working hours, pattern, days or location. Additionally, identify when you would like the new arrangement to begin.

It may also be helpful to consider alternatives you would be willing to accept. Having another option available can make discussions easier if your employer identifies legitimate problems with your preferred proposal. For example, an employee seeking different flexible working hours might identify a preferred starting time. At the same time, they can remain open to another arrangement that would still meet their needs.

You should keep copies of your request and correspondence with your employer. Written records can become important if there is disagreement about how your application was considered or why it was rejected. Where an employer accepts a statutory request, the resulting arrangement will generally change the employee’s contractual terms. Employees should therefore ensure that they understand precisely what has been agreed and when the new arrangement will begin.

What if Your Flexible Working Request Is Refused?

If an employer is refusing a flexible working request, it should explain the business reason supporting its decision. Acas recommends providing enough relevant information to help the employee understand why their request could not be accepted.

Employees should consider whether their employer followed the statutory process and whether the explanation given properly addresses their proposed arrangement. They may also wish to consider an appeal where their employer provides an appeal procedure.

Other employment rights can sometimes become relevant. For example, a flexible working request connected with an employee’s disability may also amount to a request for reasonable adjustments under the Equality Act 2010.

The duty to consider reasonable adjustments is separate from the statutory flexible working regime. An employer may therefore have additional legal responsibilities even where it believes it has a recognised business reason for rejecting a flexible working request. Employers must also avoid unlawful discrimination when making their decisions. Depending on the circumstances, refusing particular flexible work arrangements could potentially raise discrimination issues.

Employees are additionally protected against being subjected to detriment or unfairly dismissed because they made, or proposed to make, a statutory flexible working request. If you believe your employer has failed to follow the correct procedure or that discrimination may have influenced its decision, consider obtaining employment law advice promptly.

Need Help After a Flexible Working Request Was Refused? Get Help with Redmans

If your employer is refusing a flexible working request and you are concerned about how your application has been handled, contact us for advice. Redmans Solicitors are employment law specialists, and following a brief chat, we can provide expert advice.

We will discuss your circumstances, consider the reasons your employer has provided and explain your possible next steps. Where appropriate, we can also advise on whether the refusal may raise issues involving flexible working legislation, reasonable adjustments or discrimination.

To learn more about how we could help you:

• Phone 020 3397 3603
• Complete our online form to request a consultation