Employment Rights Act 2025: Flexible working changes to take effect in autumn 2027

What has the Government decided?

For more details of the consultation paper see our previous article Improving access to flexible working.

The consultation period ended on 30 April 2026 and the Government response was published on 15 September 2026.

What has the Government decided?

• The Government wants to encourage better conversations between employers and employees when discussing flexible working requests. The purpose of the consultation meeting is “with a view to reaching an agreement” and it should focus on the initial request first and if this cannot be agreed, then to consider a modified arrangement that addresses the employer’s concerns or agreeing to trial arrangement before discussing any potential alternatives.
• The suggested advance notice of the meeting set out in the consultation paper ranged from one day to a week or other options. It is the Government’s view that the notice period for the meeting is best decided within organisations and employers will be required to give fair notice before the meeting rather than a fixed period of notice being imposed. Although the right to be accompanied at the meeting was not included in the consultation paper, some respondents asked for this to be part of the process. The Government has confirmed that the right to be accompanied will not be included in the new Regulations but employers will be encouraged to permit employees to be accompanied at flexible working meetings.
• The consultation paper proposed that the person with authority to decide on the outcome of the request must attend. There was some concern about this by business groups because decisions about flexible working requests could involve more than one individual, for instance, the employee’s line manager, another colleague who manages rostering and a finance colleague to approve any associated costs. The Government has decided not to proceed with the requirement that the decision-maker must attend the meeting.
• The meeting must allow for sufficient discussion of the request and any potential alternatives. The consultation response stated that there was a strong level of support among respondents for discussing challenges relating to the original request in the meeting. This aligns with the Government’s view that it is important to encourage constructive dialogue between the parties to help solve any anticipated problems and there was support for discussing trial periods.
• The consultation proposed that the decision-maker must clarify whether the employee would like the request to be considered as a reasonable adjustment under the Equality Act 2010. However, the Government considers that asking the employee at the consultation meeting if they would like their request to be considered as a reasonable adjustment may not be appropriate. This “risks conflating two separate areas of law and causing increased confusion about when they should apply”. Instead, the Government will consider how to improve awareness of the duty to make reasonable adjustments and provide clarity on how to handle flexible working requests which should instead be considered as a reasonable adjustment. It will develop guidance for employers.
• Employers will be required to provide written notification of the outcome of the meeting and the outcome of the request. If the request is accepted during the meeting, a single communication is sufficient to cover both. Interestingly, the Government takes the view that a right to appeal a flexible working decision should not be part of the process (which was suggested by some respondents). The Government has decided against this because it could “over-formalise discussions about flexibility”. Many employers already provide for a right to appeal within their own policies and this is recommended by the Acas Code of Practice on requests for flexible working.
• In the consultation responses, both employers and employees said they would like additional guidance about the flexible working changes. Priorities include guidance on specific request types and ways of working and guidance targeted to line managers. Guidance on the new reasonableness test was also requested and what constitutes a reasonable refusal under one of the eight statutory business grounds. The Government has committed to developing further resources to support the needs of both employers and employees and it will ensure that “any further guidance is practical and applicable across different business models and working environments”. It is reported that Acas will also publish detailed guidance on the reasonableness test later this year.
• Finally, in its reply to the consultation paper, the Government confirmed that Acas will consult on a draft update to its Code of Practice on requests for flexible working. This will set out new statutory guidance for employers and employees on the requirement to consult an employee if an employer is considering rejecting their request. It will also cover the new reasonableness test. It is proposed that Acas will present the updated draft Code of Practice to Parliament in early summer 2027. This means the updated Code of Practice will take effect at the same time as the new Regulations.

Back in March 2026, Acas published the results of its survey where employers and employees were asked which three changes in the Employment Rights Act 2025 would have the biggest impact in their workplace. Topping the list for both groups were the new rights on Statutory Sick Pay (SSP) followed by the reduction in the unfair dismissal qualifying period from two years to six months. Employees then ranked the changes to flexible working arrangements in third place. Some respondents to the consultation paper said that they did not make a flexible working request because they thought it likely that their request would be rejected. Others were concerned that making a request might negatively affect their career development. Through these legislative changes and the promotion of good practice the Government intends that transparency and accountability will be improved and meaningful discussions about flexible working can be supported.

Useful links:

• Government consultation response
• Acas Code of Practice on flexible working requests
• Acas survey