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The right to request flexible working contained in sections 80F to 80I of the Employment Rights Act 1996 (ERA 1996) will be updated following new provisions in the Employment Rights Act 2025 (ERA 2025).
The changes are due to come into force in 2027.
The changes include:
- introducing a reasonableness test where an employer refuses a flexible working request (s.9(3) ERA 2025)
- requiring that the employer must state the ground for refusal on the notification declining the request and explaining why that is reasonable (s.9(4))
- setting out steps in regulations that an employer must follow in order to comply with the requirement to consult with the employee before refusing a request
On 5 February 2026 the government published a consultation aimed at ensuring the new process meet the needs of employers and employees. The consultation is open until 11:59pm on 30 April 2026. You can read about it on the .GOV website here.
The consultation confirms that the government will indeed introduce a new consultation process that employers must follow where they decline a statutory flexible working request. This process is aimed at encouraging employers and employees to explore viable options that work on both sides. Non-statutory guidance to support employers will also emerge in due course.
When the flexible working reforms are finalised, Acas will consider revising its statutory Code of Practice on requests for flexible working to include specific guidance for employers on the new reasonableness test. That will involve a further public consultation.
The current consultation seeks views on:
- the impact of the flexible working reforms introduced in April 2024 – did those reforms lead to changes in the number of requests made, how did those reforms impact policies, processes or resources, and how much time was spent on rejecting requests?
- A new "light touch" process for employers if a request cannot be agreed immediately. The consultation asks questions about what the process should be including notice for it and how long it might take.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
