A major change to flexible working rules will take effect in the UK from Autumn 2027, making it significantly harder for employers to reject such requests. The move is set to affect millions of workers across the country.
Under current rules, employees have a Day 1 right to submit two statutory flexible working requests every 12 months, and employers have two months to respond. At present, a request can be refused on one of eight statutory grounds using a subjective test, meaning a refusal is valid if 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". Before refusing a request, employers will be required to 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. They will need 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.
Impact on employers and workers
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.
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." It adds that flexible working is particularly valuable for those with health conditions and caring responsibilities, including parents with young children. The document concludes: "We are changing legislation through the Employment Rights Act 2025 to make it more likely that reasonable flexible working requests are accepted."
