From Autumn 2027, it will become considerably more difficult for UK employers to turn down flexible working requests, a change set to affect millions of workers across the country.
Employees already have a Day 1 right to submit two statutory requests every 12 months, and employers have two months to respond. At present, employers can reject a request on one of eight statutory grounds using a subjective test, meaning a refusal is valid provided the employer genuinely believes a ground applies based on accurate facts.
What Is Changing?
From Autumn 2027, refusals must still cite one of the eight statutory grounds, but the employer's decision must now be "objectively reasonable". Prior to refusing a request, employers must provide fair notice and hold a consultation meeting designed to reach an agreement, discussing both the original proposal and potential alternatives.
Employers must confirm both the consultation outcome and the final decision in writing, outlining the statutory ground for any refusal and explaining why rejecting the request is reasonable.
Evidence and Consequences
Employers will require solid evidence to support a refusal, such as attempting to recruit additional staff, consulting the team about redistributing workload, or conducting a trial period to test claims of damaging impact on performance.
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. Unreasonable refusals could also bolster related claims for constructive dismissal or indirect sex discrimination, meaning employers need to revise their internal policies before the changes take effect.
Government Position
A Department for Business and Trade explainer 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."
The document adds that flexible working is particularly valuable for those with health conditions and caring responsibilities, including parents with young children, and confirms the legislation is being changed through the Employment Rights Act 2025 to make it more likely that reasonable flexible working requests are accepted.
