How Flexible Working Law Changes Will Impact Employment

Published : March 4, 2026

Flexible working has become one of the most discussed areas of UK employment law in recent years, and with new reforms on the horizon, both employers and employees need to understand what’s changing and how to prepare. These reforms are largely driven by the Employment Rights Act 2025 and ongoing government consultations aimed at reshaping how flexible working operates in practice. Read on to learn more about the pending flexible working law changes.

If you have any concerns that your employment rights have been breached, contact Redmans Solicitors without delay. Our team of specialists is here to help. Following a brief consultation, we can assess your case, provide expert advice, and guide those eligible through the legal process.

To begin, please:

What Are the Current Flexible Working Rights?

Under the current legal framework, employees in the UK have the statutory right to request flexible working from the first day of employment. This marks a significant departure from the previous requirement of 26 weeks’ continuous service. Flexible working can involve changes to hours, times, or the location of work. Common arrangements include part-time working, compressed hours, hybrid working, remote working, staggered hours and job sharing.

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Employees are entitled to make two statutory flexible working requests within a 12-month period. Employers must handle each request reasonably and provide a decision within two months, unless an extension is agreed. Importantly, employers must consult with the employee before making a decision about the request.

An employer may refuse a flexible working request only for one or more of the eight statutory business reasons. These include concerns such as a detrimental impact on performance, an inability to reorganise work among existing staff, additional costs, or insufficient work during the proposed working hours. However, employers must be able to demonstrate that the reason relied upon genuinely applies to the circumstances.

Having clear and up-to-date flexible working policies is therefore essential. A well-drafted policy ensures consistency, transparency, and compliance with statutory obligations. For many organisations, flexible working policies are no longer peripheral HR documents but central components of workforce strategy.

What Changes Are Being Proposed?

Under the new rules, expected to be implemented in 2027 but subject to parliamentary approval, several changes have been proposed. These have been outlined below.

1. New Reasonableness Test for Refusing Requests

One of the most important flexible working law changes will be the introduction of a formal reasonableness test. If an employer refuses a request, they would need to show not only that a business ground applies but also that it was reasonable to refuse. This shifts more scrutiny onto employers.

2. Mandatory Written Explanation

The new rules also require employers to clearly state the reasons for refusal and explain in writing why they believe the refusal is reasonable. This requirement goes beyond what many employers currently do as standard practice.

3. Statutory Consultation Process

While employers already have to consult with employees before turning down a flexible working request, the government’s recent consultation seeks to introduce a formal statutory process, including set steps and timelines for meetings and written outcomes. This may help create more consistency, but could create a heavier administrative burden for organisations.

The consultation, which closes on 30 April 2026, also considers how to define “reasonableness” and what the minimum process should be for consultations and decisions.

4. Potential Expansion of Access

Although not yet fully legislated, discussions are underway to make flexible working even more accessible to different categories of staff and potentially strengthen protections against discriminatory responses to requests. These changes would aim to broaden the reach of flexibility beyond traditional roles.

Possible Impacts of Flexible Working Request Changes

For Employers

Increased Administrative and Legal Burden

Legal experts and commentators have warned that the expanded consultation and reasonableness requirements will create additional legal and administrative burden for employers. Reviewing each request carefully and documenting reasonableness will take time and resources, especially for smaller companies without dedicated HR teams.

Higher Risk of Disputes and Tribunals

With a reasonableness test, employees could be more inclined to raise disputes when a request is refused. If tribunals begin interpreting “reasonableness” in a strict way, organisations may face more challenges and potential liabilities. Clear documentation and adherence to fair process will be key to mitigating this risk.

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Strategic Talent and Workplace Planning

On the positive side, embedding flexible working into core employment practices can boost talent attraction and retention, especially as candidates continue to prioritise work-life balance and flexible hours. For many sectors, offering flexible solutions is now a competitive advantage.

For Employees

Greater Transparency and Fairness

Employees will benefit from increased clarity about why their requests are denied. Having to provide written reasons may reduce arbitrary rejections and ensure all requests are considered more fairly and consistently.

Enhanced Access to Workplace Flexibility

Subject to what is finalised in the consultation, the legal framework is evolving towards seeing flexible working not just as a right to request, but a default position that employers should accept unless it’s unreasonable. This could improve access to flexible working arrangements across diverse roles.

The Likely Impact of Flexible Working Law Changes

The impact of these flexible working law changes will be significant for both employers and employees.

For employers, increased scrutiny around reasonableness may raise the risk of legal challenges if requests are refused without careful consideration. Employment tribunals may examine whether genuine alternatives were explored and whether consultation was meaningful. Organisations that fail to properly document their decision-making could find themselves exposed to claims.

There is also likely to be a greater administrative burden. Detailed consultations and written explanations take time and resources, particularly for smaller employers without dedicated HR teams. However, structured processes can reduce disputes in the long term by ensuring clarity and consistency.

For employees, the changes may provide greater confidence when making a flexible working request. Clearer justification requirements could reduce arbitrary refusals and strengthen transparency. That said, flexible working will remain a right to request rather than a guaranteed entitlement. Legitimate business needs will continue to play a central role in decision-making.

Beyond legal implications, these reforms reflect a cultural shift. Flexible working is increasingly viewed as central to employee wellbeing, equality and workforce participation. Employers who proactively integrate flexibility into their operations may improve recruitment, retention and employee satisfaction.

How Employers Can Prepare

Although some reforms are still progressing through consultation, employers should prepare now to minimise risk and disruption. Among other things, organisations may want to:

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  1. Review and update flexible working policies. Employers should ensure that policies reflect current-day-one rights, clearly outline the request process, and set out how consultations and decisions will be handled. Policies should also provide guidance on appeals.

  2. Train managers on consultation and decision-making. Line managers should understand how to conduct meaningful discussions, assess statutory business grounds, and document decisions appropriately. Training reduces the likelihood of procedural mistakes.

  3. Strengthen documentation practices. Written records of meetings, alternatives discussed, and the rationale for decisions will become increasingly important if a reasonableness test is introduced.

  4. Take a strategic approach to workplace flexibility. Rather than dealing with each request reactively, organisations may benefit from reviewing roles and identifying where flexibility can be incorporated more broadly into workforce planning.

How Individuals Can Resolve Disputes

Disagreements over flexible working requests can arise even where employers have policies in place. Understanding the appropriate steps can help resolve matters effectively.

  1. Engage in constructive dialogue. Employees should seek clarification of the employer’s concerns and consider whether adjustments or trial arrangements could address operational issues.

  2. Use internal appeal procedures. An appeal allows a different decision-maker to review the request and may resolve misunderstandings or provide an opportunity to present additional information.

  3. Seek early legal advice. If a request has been refused without proper consultation or appears unjustified, obtaining legal advice can clarify options. In some circumstances, refusal may also raise discrimination issues, particularly where requests relate to childcare responsibilities, disability or health conditions.

  4. Consider employment tribunal proceedings as a last resort. If statutory procedures were not followed or the refusal was not based on legitimate business grounds, a tribunal claim may be possible. Strict time limits apply, so prompt action is essential.

Looking Ahead: Preparing for the Future of Flexible Working

The forthcoming flexible working law changes represent an important evolution in UK employment rights. While flexible working is already well-established within the statutory framework, the proposed reforms will likely increase scrutiny of employers and strengthen procedural protections for employees.

For employers, preparation is key. Reviewing flexible working policies, training managers and embedding structured consultation processes will reduce legal risk and support organisational resilience. For employees, the evolving framework offers greater transparency and potentially stronger safeguards when making a flexible working request.

Flexible working is no longer a peripheral issue. It is central to modern employment relationships. Organisations and individuals who understand and adapt to these changes will be best placed to navigate the evolving workplace landscape with confidence.

Get Help with Redmans

If your flexible working request has been refused, mishandled, or not properly considered, you may have legal options. Redmans Solicitors are employment specialists, and after a quick chat, we can provide expert advice. We can also assess your eligibility to make a claim and guide those eligible through the process.

To begin your journey with us today, please:

The information on this page is intended for general informational purposes only and does not constitute legal advice.