The government’s latest consultation on flexible working signals a clear change in direction. Flexibility is no longer a discretionary benefit, but something employers are expected to consider from the outset.
Reporting suggests ministers are exploring ways to make flexible working the default from day one of employment, strengthening existing rights introduced in 2024. This reflects a broader political and economic push to increase workforce participation, particularly among parents, carers and older workers.
If implemented, the proposals will make it easier for employees to request flexible arrangements and significantly harder for employers to refuse them. Employers will still be able to rely on statutory business grounds, such as cost, performance or operational feasibility, but these reasons will need to be evidenced in a much more detailed and objective way.
A general preference for office-based working is unlikely to be sufficient. Instead, employers will need to demonstrate clearly why a particular role cannot be performed flexibly and how alternative arrangements have been properly considered.
This move aligns with a wider trend in employment law, where tribunals are increasingly taking a more employee-focused and evidence-driven approach to workplace decisions. In practice, this means flexible working refusals are more likely to be challenged where reasoning is inconsistent, poorly documented or lacks objective support. As a result, HR teams will need to ensure that processes are robust, transparent and consistently applied.
For many organisations, the reforms will require more than policy updates. There is likely to be a knock-on effect on job design, workforce planning and technology investment.
Employers may need to reassess which roles genuinely require physical presence and adopt a more structured approach to hybrid-working models. Clear documentation of decisions will also become essential to maintain both compliance and employee trust.
While the proposals stop short of creating an absolute right to work flexibly, the direction is clear. Flexibility is becoming embedded as a default expectation, not an exception.
For HR professionals, the focus should now be on preparation. This includes reviewing policies, training managers, and ensuring decision-making frameworks can withstand increased scrutiny in a more employee-centric legal landscape.
Elizabeth Maxwell is an associate solicitor at Morr and Co
