Employment Law Guide 2026: Flexible working

From 2027, it will become more difficult for employers to refuse flexible working requests due to the introduction of a new reasonableness requirement. In addition to showing that refusal is on one of the permitted statutory grounds, the ERA 2025 introduces an additional requirement that the refusal will also have to be reasonable. When notifying the employee of their decision, an employer will have to explain why they consider it reasonable to refuse the request on the ground(s) relied on.

Employers are also already required to consult with employees before rejecting a flexible working request. The ERA 2025 permits further regulations to be made about the steps that employers must take in order to comply with this consultation obligation. This may include the steps suggested in the Acas Code of Practice, such as inviting the employee to a meeting to discuss the request, allowing the employee to be accompanied and keeping a written record of the discussion.

Implications/Action points

• Reasonableness requirement and additional procedural consultation steps could lead to employers facing more flexible working claims
• Train managers so that they understand the additional reasonableness requirements and the additional consultation steps needed before rejecting a request
• Update flexible working policies and procedures to
  • reflect the new reasonableness requirements
  • reflect the information that has to be included if rejecting a request
  • incorporate the new consultation steps.