Employers should start preparing now for significant changes to the flexible working framework coming in autumn 2027. Following its recent consultation, the government has confirmed it will proceed with a new “reasonableness test” for rejecting flexible working requests, alongside a mandatory consultation process aimed at encouraging employers and employees to explore whether they can reach a workable arrangement.
Strengthening the flexible working framework
In April 2024, the government introduced a number of changes to strengthen access to flexible working, which included making the right to make a flexible working request a day-one right, allowing employees to make up to two statutory flexible working requests a year and shortening the response time for flexible working requests by employers from three to two months.
More recently, the government has committed to strengthening employees’ right to request flexible working through the Employment Rights Act 2025 (the ERA 2025). Once the relevant provisions come into force, an employer will only be able to reject a statutory request on one or more of the existing specified business grounds and where it is reasonable to do so. The employer will also have to explain in writing why it considers the refusal reasonable.
The ERA 2025 also gives the government power to set out in regulations the steps an employer must take to consult an employee before rejecting a request. Although employers must already consult employees before refusing a request, the legislation does not prescribe a detailed statutory process. Earlier this year, the government consulted on what that process should involve, as well as the guidance and support employers may need to implement the wider reforms.
The government’s response
The government has confirmed that it will proceed with the ERA 2025 reforms, including bringing the reasonableness test into force and introducing a statutory process for employers to follow before rejecting a flexible working request.
The process will require an employer to hold a meeting with the employee where together they consider the feasibility of the requested arrangement and address challenges where possible. If the requested arrangement is not feasible, they should use the meeting to explore any suitable alternative arrangements, with a view to reaching agreement.
The employer must give the employee fair and reasonable notice of the meeting and explain its purpose in advance. Following the meeting, the employer must provide written notification of its outcome, summarising any conclusions or next steps, or confirming any arrangement agreed. The employer must also notify the employee of the final outcome of the request.
The government is not proceeding with the proposal that the person with authority to make a decision attend the meeting. Nor will the statutory process require employers to discuss a trial period or offer a right of appeal. However, trial periods and appeals will remain matters of good practice and updated Acas guidance is likely to reflect this.
Flexible working in practice
The consultation responses painted a mixed picture of flexible working since the 2024 reforms. Respondents identified significant benefits from flexible working but also highlighted that access continues to depend heavily on workplace culture, line manager practice and confidence in the statutory process. The government’s response to these findings indicate that its focus is not simply outright refusals. It also wants to address employees being deterred from making requests, inconsistent line manager practice and failures to explore workable alternatives before rejecting a request.
Respondents also called for clear information about the new framework including practical support for line managers and examples of good practice. In particular, there was strong support for guidance on how the “reasonableness test” (the requirement for an employer’s refusal to be reasonable as well as to be from the list of specified grounds) should operate in practice. Further guidance will therefore be important in helping employers understand what evidence and decision-making the new test will require.
Practical steps for employers
The government intends that these changes to the flexible working framework will take effect in autumn 2027. Although the detailed regulations and updated Acas Code are still to come, you can start to prepare now:
Employers should start preparing now for significant changes to the flexible working framework coming in autumn 2027. Following its recent consultation, the government has confirmed it will proceed with a new “reasonableness test” for rejecting flexible working requests, alongside a mandatory consultation process aimed at encouraging employers and employees to explore whether they can reach a workable arrangement.
Strengthening the flexible working framework
In April 2024, the government introduced a number of changes to strengthen access to flexible working, which included making the right to make a flexible working request a day-one right, allowing employees to make up to two statutory flexible working requests a year and shortening the response time for flexible working requests by employers from three to two months.
More recently, the government has committed to strengthening employees’ right to request flexible working through the Employment Rights Act 2025 (the ERA 2025). Once the relevant provisions come into force, an employer will only be able to reject a statutory request on one or more of the existing specified business grounds and where it is reasonable to do so. The employer will also have to explain in writing why it considers the refusal reasonable.
The ERA 2025 also gives the government power to set out in regulations the steps an employer must take to consult an employee before rejecting a request. Although employers must already consult employees before refusing a request, the legislation does not prescribe a detailed statutory process. Earlier this year, the government consulted on what that process should involve, as well as the guidance and support employers may need to implement the wider reforms.
The government’s response
The government has confirmed that it will proceed with the ERA 2025 reforms, including bringing the reasonableness test into force and introducing a statutory process for employers to follow before rejecting a flexible working request.
The process will require an employer to hold a meeting with the employee where together they consider the feasibility of the requested arrangement and address challenges where possible. If the requested arrangement is not feasible, they should use the meeting to explore any suitable alternative arrangements, with a view to reaching agreement.
The employer must give the employee fair and reasonable notice of the meeting and explain its purpose in advance. Following the meeting, the employer must provide written notification of its outcome, summarising any conclusions or next steps, or confirming any arrangement agreed. The employer must also notify the employee of the final outcome of the request.
The government is not proceeding with the proposal that the person with authority to make a decision attend the meeting. Nor will the statutory process require employers to discuss a trial period or offer a right of appeal. However, trial periods and appeals will remain matters of good practice and updated Acas guidance is likely to reflect this.
Flexible working in practice
The consultation responses painted a mixed picture of flexible working since the 2024 reforms. Respondents identified significant benefits from flexible working but also highlighted that access continues to depend heavily on workplace culture, line manager practice and confidence in the statutory process. The government’s response to these findings indicate that its focus is not simply outright refusals. It also wants to address employees being deterred from making requests, inconsistent line manager practice and failures to explore workable alternatives before rejecting a request.
Respondents also called for clear information about the new framework including practical support for line managers and examples of good practice. In particular, there was strong support for guidance on how the “reasonableness test” (the requirement for an employer’s refusal to be reasonable as well as to be from the list of specified grounds) should operate in practice. Further guidance will therefore be important in helping employers understand what evidence and decision-making the new test will require.
Practical steps for employers
The government intends that these changes to the flexible working framework will take effect in autumn 2027. Although the detailed regulations and updated Acas Code are still to come, you can start to prepare now:
- Review flexible working policies and processes: Identify the sections you will need to update to reflect the new meeting, notification and reasonableness requirements.
- Prepare line managers: Managers will need to understand how to identify and explain practical concerns, explore possible solutions and consider alternative arrangements rather than moving directly to refusal.
- Consider how meetings will work in practice: Think about developing meeting prompts or templates covering feasibility, identified challenges, possible mitigations and alternative arrangements.
- Watch for the revised Acas Code: Acas is due to consult on an updated Code, which should provide further guidance on both the consultation process and the reasonableness test.
