Flexible Working
Strengthen The Process For Refusing A Flexible Working Request
Labour plans to strengthen the process for refusing a request for flexible working. The Bill says the refusal has to be reasonable, from a list of specified grounds for refusal.
This page was first published on 21 August 2024, the latest update was made on 9 February 2026.
Current Flexible Working Regime
Under the current flexible working regime employees have the right to request flexible working from day one of employment. The request must be dealt with in a reasonable manner and within a period of two months. If a request might be refused the employer must have a meeting with the employee before reaching a decision. There are eight statutory reasons the employer can rely on for refusing the request and tribunals have limited scope to question the reasoning for the refusal.
Proposed Changes
A request can only be refused where the refusal is reasonable and based on one of the eight statutory grounds for refusal. The eight statutory grounds for refusal are unchanged; but the reasonableness requirement is new. There is also a new requirement for the employer to explain, in writing, why their refusal is reasonable i.e. justify the reason(s) they are relying on for refusal.
Consultation
The Government are seeking views on a new process for employers to follow when handling flexible working requests, as well as insights on flexible working practices more broadly.This consultation seeks views on:
- a proposed new light touch process for employers consulting with employees where a request cannot be immediately agreed
- what training, resources and support can help businesses navigate flexible working requests
- other ways to improve access to flexible working
Anyone can respond to this consultation, and we particularly welcome views from those with insight into this topic and those with experience making or handling flexible working requests.
More details about the consultation and ways to respond can be found here: Consultation On Improving Access To Flexible-Working
This consultation closes at midnight on on 30 April 2026
Implementation Of The New Regime
The requirement for employers to reasonably justify refusals of flexible working requests under the eight statutory grounds will be implemented in 2027.
Top Tips
Existing flexible working policies will need to be reviewed.
Look at what flexible working requests have been received in recent years and pick out all those that were refused, withdrawn or alternative arrangements were agreed. This will give you an indication of any requests that could be resubmitted when the legislation changes.
Moving forward, the content of rejection letters will be open to scrutiny by the employee which could result in more appeals against rejected requests.
How Kea HR Can Help You
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- Join the Kea HR mailing list and we will keep you up to date with the Employment Rights Bills progress through parliament and provide advice on how to prepare for and implement the measures.
- Join the Kea HR Manager Service and receive detailed HR and employment law guidance, with template policies and letters which are updated regularly and will be updated as the changes come into force.
- Subscribe to the Kea Legal Compliance Package and your essential employment documents will be automatically updated by us with new employment legislation and changes to existing legislation so you don’t have to worry about it.
- If you have questions or need advice but don’t want to commit to an annual contract, why not use our Pay As You Go HR Advice Service. Or if you don’t have time to keep all your plates spinning why not pas a HR project over to us to manage on your behalf.
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