Flexible working under the Employment Rights Act 2025: a shift in employer obligations

Updated as of 18 December 2025

Since April 2024, all employees have had the right to request flexible working from "day one" of their employment (as outlined here). One of the Government’s key election promises was to extend this and make flexible working “a genuine default” from day one for all workers, except where it is “not reasonably feasible”. This blog considers the extent to which the Employment Rights Act 2025 delivers on this promise.

What is the current law on flexible working?

All employees have the right to request flexible working regardless of their length of service. Employees are able to make two flexible working requests in any 12-month period, and are no longer required to explain the impact of their request.

Employers are obliged to respond to an employee’s flexible working request within two months of the request (unless the parties agree otherwise). Employers are able to refuse a flexible working request on one or more of eight statutory reasons (including detrimental effect on quality or performance, the ability to meet customer demand, costs, or the inability to reorganise work, etc). However, employers must consult with an employee before refusing their request.

Employers should follow Acas’ Code of Practice on requests for flexible working when dealing with requests.

What is changing?

From 2027, the Employment Rights Act 2025 will place additional obligations on employers when dealing with flexible working requests:

• Employers will only be able to refuse a flexible working request if it is reasonable for them to do so.
• Employers must explain in writing the specific ground(s) for refusal and why they consider refusal on that ground(s) to be reasonable.

What is not changing?

The following aspects of the statutory flexible working regime will remain unchanged:

• The existing eight statutory grounds for refusal will remain the same.
• Compensation to an employee for their employer’s non-compliance will remain capped at eight weeks’ pay (subject to the statutory cap – currently £700 per week).
• The right to request flexible working will continue to apply to employees only, and not workers.

Implications for flexible working requests

While the Act’s reforms stop short of making flexible working the "default", they do place greater responsibility on employers to justify refusals. This could result in more successful requests and increased scrutiny of employers’ decisions.

As implementation approaches, employers should ensure that any decisions to refuse flexible working requests are well-supported by evidence and a clearly articulated business rationale. In order to demonstrate reasonableness, employers should put policies in place that require a proper assessment of requests, including an exploration of alternative arrangements or trial periods. Employers should consider taking steps to equip managers with the right support and training to enable them to analyse and respond to requests appropriately and in line with the new statutory requirements.

There will be further consultation on the flexible working measures in winter 2025 and early 2026.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, August 2025