The Department for Business and Trade (DBT) has opened a consultation on planned updates to flexible working regulations.
Under the government’s revised timetable for implementing the Employment Rights Act, the new framework for flexible working is expected to take effect in 2027. Ministers say the intention is to encourage a lighter‑touch way for employers and staff to discuss and agree working arrangements.
The DBT is urging organisations and workers to adopt a “collaborative approach”, with the consultation suggesting that expectations should shift towards granting requests that can be reasonably accommodated, and exploring more imaginative forms of flexibility.
At present, employees may request flexible working from their first day in a role and can make two requests in a 12‑month period. Employers must respond within two months. Where a request is accepted, the employee’s contract is amended accordingly. The consultation considers both statutory changes and more informal practices.
Employers can still refuse a request for business reasons, but since the 2024 legislative changes, managers are required to consult with the employee before turning one down.
The government plans to introduce a new statutory consultation process for employers to follow and is particularly interested in hearing from organisations that have already held discussions with staff since the 2024 requirement came into force. “These insights will be particularly valuable given employers will interpret the current requirement in different ways, and so consultation is likely to have taken different forms in different organisations,” the document notes.
Views are also being sought on a proposed “reasonableness test” for accepting or rejecting requests, which would apply from 2027.
A House of Lords committee warned late last year that, without clearer guidance on what counts as “reasonable”, employment tribunals could face a surge in claims from workers whose requests have been declined.
Niall Mackenzie, chief executive at Acas, said: “Workers currently have a day one right to request flexible working from their employers. The law will change in 2027 to require employers to take certain steps to consult with the worker when considering a request, ensure that any decision to reject is reasonable, and communicated clearly. We encourage employers and workers to take part in the government’s consultation. When handling a request, all parties should follow the Acas Code of Practice on flexible working.”
The consultation, which covers Great Britain, closes on 30 April 2026.
This article is based on a piece written for Personnel Today
