A major rule change taking effect next year will make it significantly harder for UK employers to reject flexible working requests. From autumn 2027, decisions on such requests must be "objectively reasonable", replacing the current subjective test.
Current rules and the shift to objectivity
Employees currently have a Day 1 right to submit two statutory requests every 12 months, and employers have two months to decide. At present, employers can refuse a request on one of eight statutory grounds using a subjective test, meaning a rejection is valid provided the employer genuinely believes a ground applies based on accurate facts.
From autumn 2027, refusals must still reference one of the eight statutory grounds, but the employer's decision must now be "objectively reasonable". This change is part of the Employment Rights Act 2025.
New consultation and evidence requirements
Before refusing a request, employers must provide fair notice and conduct a consultation meeting designed to reach an agreement, examining both the original proposal and possible alternatives. Employers must confirm both the consultation outcome and the final decision in writing, specifying the statutory ground for any refusal and explaining why rejecting the request is reasonable.
Employers will require solid evidence to support a refusal, such as attempting to recruit additional staff, consulting the team regarding redistributing work, or implementing a trial period to evaluate claims of detrimental impact on performance.
Legal consequences for non-compliance
Breaching the rules permits employees to bring Employment Tribunal claims, risking orders to reconsider the request and compensation of up to eight weeks' pay, currently capped at £751 per week. Unjustified rejections can also bolster associated claims for constructive dismissal or indirect sex discrimination, necessitating employers to revise their internal procedures in advance of the amendments.
A Department for Business and Trade guidance document states: "Flexible working helps people achieve a better work life balance, which can lead to happier, healthier and more productive employees. This is good for employees and good for businesses. It is also particularly valuable for those with health conditions and caring responsibilities, including parents with young children. We are changing legislation through the Employment Rights Act 2025 to make it more likely that reasonable flexible working requests are accepted."
