Government consultation on flexible working: what employers need to know

Blog

13.02.2026

With reforms to flexible working due to take effect in 2027 under the Employment Rights Act 2025 (ERA 2025), the government has launched a new consultation on flexible working.

As part of its commitment to make flexible working more accessible, the consultation examines how requests are currently managed, the requirement for employers to consult before refusing a request, and what guidance and resources may be needed to support the new framework.

In this article, we take a closer look at the focus areas of the consultation, which remains open until 30 April 2026.

Reforms to flexible working under the ERA 2025

Currently, all employees have a statutory right to request flexible working, regardless of length of service. Despite this, the government acknowledges that flexible working requests are not always handled consistently or fairly across workplaces.

With that in mind, from 2027, the ERA 2025 will introduce a new requirement for employers to justify why any refusal of a flexible working request is 'reasonable', and to set out in writing the statutory ground(s) for refusal and the reasons why that refusal is considered reasonable. Employees will be able to challenge refusals they consider unreasonable in the Employment Tribunal.

More details about the current law on flexible working and what is changing under the ERA 2025 can be found here: Flexible working under the Employment Rights Act 2025: a shift in employer obligations

What the consultation on flexible working covers

The government's consultation focuses on three main areas:

1. Understanding early impacts of recent reforms

In April 2024, a requirement to consult employees before refusing a flexible working request was introduced. The first part of the consultation seeks feedback from employers and employees who have dealt with statutory flexible working requests since these reforms came into force. The aim is to understand how consultations are actually taking place in practice and whether they are improving outcomes or simply adding administrative steps.

2. A new process for consulting employees

At present, the law simply requires employers to consult before rejecting a request but does not specify how that consultation should take place. According to the government's own research, this lack of structure has led to confusion, inconsistent processes, and lost opportunities to explore feasible alternatives.

Using powers under the ERA 2025, the government now plans to set out a defined consultation process in secondary legislation. Employers will have to follow this process whenever they are considering rejecting a statutory request.

Proposed consultation process

The consultation sets out a proposed legal process that employers should follow when they are considering rejecting a statutory flexible working request:

A meeting must be held with the employee.
The purpose of the meeting is to discuss challenges with the proposed flexible working arrangement and explore whether a suitable alternative arrangement could be agreed.
The meeting must happen without unreasonable delay, ideally within six weeks of the request to allow time for follow up discussions within the two‑month decision period.
The employee must be informed of the purpose of the meeting in advance.
A decision‑maker with suitable authority must attend the meeting.
A record of the discussion must be kept.
There should be sufficient discussion of both the original request and any potential alternatives.
Any challenges with the original request must be clearly explained, including which statutory business reasons apply and why.
Employers should consider ways to navigate challenges and accommodate the request, including considering a trial period if the potential impacts are unclear.
If the original request cannot be agreed, the parties must consider feasible alternative arrangements.

Employers will also be required to provide written confirmation of:

what was discussed at the meeting and any agreed conclusions or next steps, such as trial periods or whether alternative arrangements were explored; and
the outcome of the request, including whether it was approved, rejected or an alternative was formally agreed.

This is a significant development and, if implemented, will formalise what consultation employers must follow.

3. Training, resources and support

The government intends to produce statutory guidance to help employers understand their obligations under the new reasonableness test. As part of the consultation, the government is gathering information on what support employers and employees need to achieve more effective conversations about flexibility. This evidence will help shape guidance and determine whether further support is needed.

The consultation confirms that Acas will also consider revising its Code of Practice to include guidance on the new reasonableness test, which will be subject to separate consultation

What impact could these reforms have?

The government's intention is clear: to move flexible working towards a model where requests must be genuinely considered, discussed, and where possible agreed. The proposals will require employers to adopt a more structured process, clearer documentation, and evidence-based decisions to justify refusals.

That said, even with these reforms, the statutory right to request flexible working still offers limited remedies in the event of employer breach.

Unless a refusal can be shown to be discriminatory, the financial risk for employers remains comparatively low. The maximum compensation for breaching the statutory process is eight weeks’ pay (currently capped at £719 per week), significantly below awards for other common employment claims.

Whether the new reasonableness test will meaningfully shift employer behaviour in the context of such a modest compensation regime remains to be seen.

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