Consultation improving access to flexible working

The Government is concerned that flexible working requests are not being treated fairly and consistently. The Employment Rights Act 2025 introduces a “reasonableness test” which means employers must accept statutory flexible working requests that are reasonable and feasible. This is likely to mean that more flexible working requests are accepted. There will also be a new consultation process that employers must follow before rejecting a flexible working request. Even though, under current legislation, employers must consult with employees before rejecting a request, there are no details about how this process should be conducted.

The consultation paper was published on 5 February 2026 and the consultation period ends on 30 April 2026.

The consultation paper considers two issues: the reasonableness test and the new process for consulting with employees. Some points to note:

• The Government accepts that not all forms of flexibility are feasible in all roles. The consultation paper states that “an employer must be able to reject a specific request where it is not reasonable to accept it, and that will remain the case.”
• If after consulting with their employee, an employer decides to reject a request, they must explain to the employee why their decision is reasonable. This will mean referring to one or more of the eight business reasons and providing an explanation for the basis of their decision.
• If the employee feels that their employer has unreasonably rejected a request, they could bring a claim to an Employment Tribunal which would consider the employer’s explanation. If the Employment Tribunal finds in favour of the employee, it could require the employer to reconsider its decision and award compensation of up to 8 weeks’ pay, currently capped at £719 per week.
• Following the consultation, when the flexible working reforms are finalised, Acas will consider revising its Code of Practice on requests for flexible working to include specific guidance for employers on the new reasonableness test. This would involve a further public consultation.
• The suggested process for consulting with employees where the employer is considering rejecting a request starts with setting up a meeting with the employee (held without unreasonable delay) and taking place within two months. The person with authority to decide on the outcome of the request must attend. The employee must be informed in advance about the context of the meeting so that they can prepare for it. The suggested advance notice in the consultation paper ranges from one day to a week or other options.
• During the meeting, there must be sufficient time for discussion of the request and any potential alternatives. Interestingly, the decision-maker must clarify whether the employee would like the request to be considered as a reasonable adjustment under the Equality Act 2010.
• The decision-maker “must clearly communicate any challenges they identify” with the request and must explain why it is not feasible to agree to the request or why it is not reasonable referring to the relevant business reasons. The decision-maker must consider “whether there might be ways to navigate these challenges and accommodate the request.”
• The outcome of the meeting must be confirmed in writing and include a summary of what was discussed any conclusions and next steps about the request. The outcome of the request must also be confirmed in writing and include the final decision about whether the request was approved or rejected or whether any alternative arrangements were agreed.

The flexible working changes are expected in 2027.

Finally, there is a helpful link to the list of the Government’s open and closed consultations at the end of this article. It is a very useful reminder of where we are with all the consultations and especially useful for employers that may want to respond on an issue particularly relevant to their organisation. We are still waiting for some key consultation papers. These include ending the exploitative use of zero hours contracts and the collective redundancy threshold. Both these measures are to be implemented in 2027.

Useful links

• Government consultations
• Consultation Improving access to flexible working