Employers should prepare for stricter rules on handling flexible working requests by reviewing policies, training managers, and promoting a more open approach to flexibility.
What is the current situation?
Employees already have the legal right to request flexible working from their first day of employment.
Before refusing a request, an employer must consult with the employee.
Employers can currently refuse a request for these eight business reasons:
- It will create extra costs that would damage the business
- The work cannot be reorganised among existing staff
- No suitable person can be recruited to do the work
- It would affect quality
- It would affect performance
- It would limit the ability to meet customer demand
- There is not enough work to do during the proposed working times
- The employer is planning structural changes to the workforce
What’s changing and when?
The Employment Rights Bill is intended to make it easier for employees to have flexible working requests approved.
Regulations will introduce a clear and mandatory consultation process that employers must follow before turning down a request.
The Bill will also require that any refusal for one of the eight reasons must be reasonable, meaning the employer can demonstrate that the reason genuinely applies and was reached through a fair, evidence-based decision-making process.
Employers will also need to provide the employee with a written explanation outlining why the refusal is reasonable.
These reforms are expected to come into effect in 2027, with Government consultations planned for Winter 2025 and early 2026.
What you need to do now
- Review and update your flexible working policy and approach to ensure they align with the upcoming changes.
- Provide training to managers and decision-makers so they know how to follow the consultation process and record evidence-based decisions.
- Consider whether your organisational culture supports flexibility or if the default response to requests remains overly restrictive.
