Has someone in your team asked to change where, when or how they work? Or perhaps you’ve made a flexible working request yourself and wondered whether it was genuinely considered?
If so, you may have seen the headlines this week. The Government has announced plans to strengthen the right to request flexible working, which would make it harder for employers to refuse requests without proper consideration and explanation.
What’s been announced?
Speaking at the TUC conference in Brighton on 15 September 2026, First Secretary of State Louise Haigh said that employers wanting to turn down a request will need to “sit down with their employee, properly consider it and explain why”, ensuring that employees are receiving strengthened rights in their flexible working requests.
Importantly, she also recognised that businesses need to make things work for the organisation. Not every job can be done from home, and not every request can be agreed. However, the message was clear: “every request can be taken seriously.”
Alongside this, the Government has published its response to the “Make Work Pay” consultation on improving access to flexible working, which sets out how this will work in practice.
What’s actually changing?
The consultation requirement itself is not new: since 6 April 2024, employers have been legally required to consult an employee before refusing a statutory flexible working request.
The Government’s latest proposals would formalise the detail of that process and add a new reasonableness test, with the further reforms currently expected to take effect in autumn 2027.
The proposed secondary legislation is expected to set out a clearer process for consultation, requiring employers to meet with the employee before rejecting a request, explore whether the arrangement could work, discuss practical challenges and consider alternatives where the original request cannot be accommodated.
A new reasonableness test under the Employment Rights Act 2025 is also expected to come into force. Employers will still need to rely on one or more of the permitted statutory grounds for refusing a request, but they will also need to show that refusing the request on those grounds was reasonable. (For a refresher on the wider Act as a whole, take a look at our blog, From Compliance to Culture: Responding to Employment Law Changes.)
It’s worth being clear, though: this will not create an automatic right to work from home or otherwise change an employee’s working pattern. Employers will still be able to refuse requests, but they will need to follow the required process, rely on a permitted statutory ground and be able to show that the refusal was reasonable.
A conversation, not a formality
The forthcoming regulations are expected to formalise what the existing consultation duty should involve: a genuine discussion about whether the arrangement could work, any practical challenges and possible alternatives, rather than simply announcing a decision that has already been made. A few practical points to keep in mind:
- The consultation and final decision must be completed within the existing two-month decision period, unless an extension is agreed with the employee.
- Employees should be given fair and reasonable notice of the meeting and told clearly in advance what it is for.
- Employers should confirm the outcome of the consultation and their final decision in writing, including the statutory ground relied on and a clear explanation of why the refusal is considered reasonable.
What the Government has decided not to do
There is not expected to be a legal requirement for the person who ultimately makes the decision to attend the meeting, or a fixed statutory notice period for it. The Government has also decided not to introduce a new statutory right to appeal or a statutory right to be accompanied at the meeting. Employers may nevertheless choose to retain appeal and accompaniment provisions as good practice. Any policy changes should clearly distinguish between legal requirements and the organisation’s own process. Guidance is also expected to encourage trial periods and review points where appropriate, rather than making them mandatory.
Is this a big shake-up for employers?
For organisations that already discuss requests properly before deciding them, the practical change may not feel dramatic, although the reforms are likely to require clearer reasoning and records.
Employers should review their policies, decision-making templates and record-keeping, and make sure managers know how to consult, explore alternatives and explain any refusal.
Acas is also expected to consult on a revised Code of Practice, with further guidance on the new reasonableness test anticipated before the end of 2026. In the meantime, you can read guidance on flexible working.
How we can help
Whether you’re updating a policy, preparing managers for the reforms or dealing with a flexible working request now, we can help. Find out more about our flexible working support for employers and employees.
For quick, practical insights, head over to our Managing Partner Jodie Hill’s YouTube channel, or read more of our thinking in The Future is Flexible Working on the Thrive blog.
Want to get ahead of changes like these? Join us at Work In Progress, our Future of Work Summit on Friday 16 October at The Studio, Leeds, for practical legal updates, a live expert panel and the chance to ask your questions directly. Join the waitlist here.
Get in touch with the Thrive team today at enquiries@thrivelaw.co.uk for friendly, practical advice that puts your people first.
