Flexible working reform: what employees and employers need to know before autumn 2027

Flexible working is set to become more transparent and accountable under reforms introduced by the Employment Rights Act 2025.

The changes do not create an automatic right to work from home or require employers to approve every request. They do, however, raise the standard employers must meet when considering—and particularly when refusing—a statutory flexible working request.

Speaking at the Trades Union Congress conference on 15 September 2026, First Secretary of State Louise Haigh said:

“Not every job can be done from home, and not every request can be agreed. But every request can and should be taken seriously.”

She confirmed that an employer considering a refusal will be expected to meet with the employee, consider the request, and explain its decision.

The Government intends the new statutory process and “reasonableness test” to take effect in autumn 2027. Updated statutory guidance from Acas is expected before implementation.

What is flexible working?

Flexible working is broader than home or hybrid working. It can include changes to:

• working hours;
• start and finish times;
• working days;
• shifts or rotas;
• compressed hours;
• job sharing;
• part-time working;
• term-time working; and
• where work is conducted.

The right is a right to request flexible working, rather than an absolute right to receive the arrangement requested.

The statutory framework applies in Great Britain. Different rules apply in Northern Ireland.

What are employees entitled to now?

Under the rules introduced in April 2024, anyone with the legal status of an employee has a day-one right to make a statutory flexible working request.

An employee can currently:

• make up to two statutory requests in any 12-month period;
• have one live statutory request with the same employer at a time;
• ask to change their hours, working pattern or place of work;
• expect to be consulted before a request is refused;
• receive a final decision, including any appeal, within two months unless an extension is agreed; and
• expect the request to be managed fairly and reasonably.

Employees are also protected from dismissal or detriment because they have made, or intend to make, a statutory request.

A request must be made in writing and should state that it is a statutory flexible working request. It must include:

• the date of the request;
• the change being requested;
• the proposed start date; and
• details and dates of any previous statutory requests.

Employees no longer have to explain how their proposed arrangement might affect the organisation, although offering practical solutions can still support a constructive discussion.

Further guidance is available from Acas on making a flexible working request.

What is changing in autumn 2027?

The Employment Rights Act 2025 introduces two significant changes.

1. Refusing the request must be reasonable

An employer will still have to rely on one or more of the eight existing statutory business grounds. However, it will also have to show that it was reasonable to refuse the particular request on that basis.

This is important. Simply selecting a permitted business reason will not necessarily be enough. The employer will need to explain how that reason applies to the role, team, and circumstances concerned.

2. Employers must follow a defined consultation process

Before rejecting a statutory request, the employer will be required to hold a meeting with the employee with a view to reaching an agreement.

The planned process will require the employer to:

• give the employee fair and reasonable notice of the meeting;
• explain the purpose of the meeting in advance;
• consider whether the requested arrangement is feasible;
• identify and clearly communicate any operational challenges;
• discuss possible solutions or ways to reduce those challenges;
• explore suitable alternatives if the original request cannot be accommodated; and
• provide written confirmation of both the meeting’s outcome and the final decision.

The discussion should begin with the employee’s original request. If that cannot work, the parties should consider alternatives such as different days, adjusted hours, partial homeworking, a later start date or a trial period.

The final regulations and revised Acas Code of Practice have not yet been published, so some procedural details may change before implementation.

The eight lawful grounds for refusing a request

An employer may only refuse a statutory flexible working request because:

1. it would create additional costs;
2. work cannot be reorganised among existing staff;
3. additional staff cannot be recruited;
4. it would have a detrimental effect on quality;
5. it would have a detrimental effect on the organisation’s ability to meet customer demand;
6. it would have a detrimental effect on performance;
7. there would be insufficient work during the periods the employee proposes to work; or
8. the organisation is planning structural changes.

These grounds are not changing. What will change is the expectation that the employer demonstrates why relying on a particular ground—and refusing the request as a result—is reasonable.

For example, a general statement that homeworking would “affect performance” may be difficult to defend without evidence showing what work requires attendance, what risks were identified and why alternatives or a trial period would not address them.

What responsibilities will employers have?

Employers should approach each request individually and with an open mind. A blanket rule such as “we do not allow part-time work in management roles” or “everyone must attend the office five days a week” may not demonstrate reasonable consideration of the employee’s particular request.

Employers should:

• acknowledge requests promptly;
• check whether the request is statutory, informal, or connected to a disability;
• gather relevant operational evidence;
• avoid assumptions about productivity, commitment, or availability;
• meet with the employee before contemplating refusal;
• explore modifications, alternatives, and trial periods;
• make the decision within the statutory two-month period;
• explain the decision clearly and specifically;
• keep an accurate written record; and
• offer an appeal, in line with good practice, even though the Government does not currently intend to make appeals a separate statutory requirement.

The decision should be based on facts, not personal preference, workplace tradition, or untested beliefs about who can work flexibly.

Equality and reasonable adjustments

Flexible working is also an equality issue.

Women continue to undertake a disproportionate share of caring responsibilities, while disabled and neurodivergent people may need changes to their hours, location, or working pattern to remove workplace barriers. Carers, older workers, parents, people experiencing menopause symptoms and employees managing long-term health conditions may also benefit significantly from flexibility.

However, employers must not make assumptions about who “deserves” flexibility. Requests should be considered consistently regardless of sex, gender, age, seniority, family status, or working pattern.

The Equality Act 2010 applies throughout the process. An employer must not discriminate because of:

• age;
• disability;
• gender reassignment;
• marriage or civil partnership;
• pregnancy or maternity;
• race;
• religion or belief;
• sex; or
• sexual orientation.

A policy or practice may also amount to indirect discrimination if it disadvantages a protected group and cannot be objectively justified.

Where a request relates to disability, the employer must consider its separate legal duty to make reasonable adjustments. A flexible working request should not be used as a substitute for that duty. In some cases, both legal frameworks will apply.

Acas provides further information on considering flexible working requests, discrimination, and reasonable adjustments.

What does the evidence tell us?

The Government’s 2026 consultation received 1,016 responses. Among the people who reported making a request, 58.8% said it had been accepted, 15.2% reached an alternative arrangement and 26.1% said it had been rejected.

Only 27.7% of individual respondents felt that access to flexible working had improved following the 2024 reforms. By contrast, 48.1% of responding employers thought access had improved.

These figures should be treated as consultation findings rather than representative workforce statistics, but they highlight an important gap between policy and people’s lived experience.

Around 88% of respondents supported the overall aim of encouraging employers and employees to work together to find solutions. The evidence also identified workplace culture, management capability, and confidence in the process as significant factors affecting whether flexibility is genuinely accessible.

The full findings are available in the Government’s response to the consultation on improving access to flexible working.

What evidence should employers retain?

A clear evidence trail will become increasingly important. It should show:

• when the request was received and acknowledged;
• what information was considered;
• which business challenges were identified;
• the evidence supporting those concerns;
• what was discussed with the employee;
• what alternatives or mitigations were explored;
• whether a trial period was considered;
• how equality and reasonable-adjustment duties were addressed;
• which statutory ground applies; and
• why refusal was reasonable in the circumstances.

The record does not need to become an unnecessarily legalistic transcript. It should, however, be detailed enough to demonstrate genuine consideration rather than a predetermined or tick-box decision.

What responsibilities do employees have?

Employees should make their statutory request clearly and in writing. It can help to:

• identify the precise change requested;
• give as much notice as possible;
• explain the outcomes the arrangement would support;
• consider how work, communication and availability could be managed;
• engage openly with the employer’s concerns;
• consider alternative arrangements or a trial period; and
• attend meetings and provide relevant information promptly.

An employee is not legally required to prove that their proposal will benefit the business. Nevertheless, a practical proposal can make agreement more likely.

If a request relates to a disability, the employee may wish to explain that connection so the employer understands that its reasonable-adjustment duties may also be engaged. An employee does not have to disclose every detail of a medical condition, although relevant information may help the employer understand and address the disadvantage.

What happens if a request is refused?

The employer should provide a written decision identifying:

• the statutory business reason relied upon;
• the relevant facts and evidence;
• why the request could not reasonably be accommodated;
• what alternatives were considered; and
• how the employee can appeal, where an appeal process is available.

An employee who believes the process or decision was unlawful should first consider using the organisation’s appeal or grievance procedure. They may also seek support from their trade union or contact Acas.

A tribunal may order the employer to reconsider the request and award compensation of up to eight weeks’ pay. As of September 2026, the statutory limit on a week’s pay in Great Britain is £751, making the maximum award under the flexible-working provisions £6,008.

Separate discrimination or unfair-dismissal claims may carry different—and potentially much greater—remedies. Tribunal time limits are usually short, and anyone considering a claim should seek advice promptly and notify Acas for early conciliation.

Seven actions for employers to take now

Employers should not wait until autumn 2027 to prepare.

1. Review the flexible-working policy.
   Distinguish statutory requests, informal flexibility, and disability-related reasonable adjustments.
2. Create a consistent decision framework.
   Give managers prompts covering feasibility, evidence, alternatives, equality risks, and trial periods.
3. Train line managers.
   Focus on constructive conversations, unconscious bias, disability inclusion, and evidence-based decisions.
4. Map flexibility by role.
   Identify which forms of flexibility may be workable in different roles without making blanket assumptions.
5. Develop standard records and letters.
   Include acknowledgement, meeting, decision, alternative arrangement, and appeal templates.
6. Monitor outcomes.
   Review requests and approval rates by team, location, working pattern and—where lawful and appropriate—equality data. This can reveal inconsistent practice or unintended disadvantage.
7. Take a whole-team approach.
   Consider workload, cover and communication across the team so that flexible arrangements are sustainable and do not create unaddressed pressure for colleagues.

A shift from permission to meaningful consideration

The reform does not mean that every flexible working request must be approved. It means that refusal should follow a genuine conversation, a proper assessment of the evidence and a reasoned explanation.

For employees, who should create a stronger voice in decisions affecting how they balance work, health, family life, and caring responsibilities.

For employers, the opportunity is wider than legal compliance. Organisations that approach flexibility fairly and creatively can improve inclusion, retention, wellbeing, and access to talent. The most effective preparation will therefore combine sound processes with a workplace culture in which people feel safe to ask—and confident that their request will receive serious consideration.

Further information

• Government response: Improving access to flexible working
• Louise Haigh’s speech to the TUC Congress
• Acas: Statutory flexible working requests
• GOV.UK: Flexible working
• Acas: Reasonable adjustments at work
• CIPD: Flexible and hybrid working

This article reflects the position in Great Britain as of 17 September 2026. The reforms are intended to take effect in autumn 2027, subject to secondary legislation and updated statutory guidance. It is general information and not legal advice.