Flexible Working Reform From Autumn 2027 – A Guide For Employers

The Government has now published its response to the consultation on improving access to flexible working and confirmed that further reforms to the flexible working regime will take effect in autumn 2027.

These changes build on the reforms introduced in April 2024 and are enabled by the Employment Rights Act 2025 (ERA 2025). The aim is not to create a presumption that all flexible working requests must be granted, but to encourage more meaningful dialogue, greater transparency and better decision-making before requests are refused.

Why is the flexible working regime changing?

The Government is making these changes because, although flexible working can benefit employees, employers and the wider labour market, access remains inconsistent and requests may be refused without meaningful discussion or consideration of alternatives.

Greater flexibility can improve wellbeing and financial stability and help people with caring responsibilities or health conditions stay in and progress at work. It can support employers to boost productivity, widen their talent pool and retain valuable skills.

The reforms aim to promote constructive dialogue and transparent, evidence-based decisions that balance individual and operational needs.

What changes to flexible working are coming in autumn 2027

Employers will see two significant developments:

1. A new statutory process that employers must follow before rejecting a flexible working request.
2. The introduction of a statutory reasonableness test, meaning employers will only be able to refuse a request where it is reasonable to do so.

Together, these reforms are intended to increase confidence in the flexible working process and address concerns that requests can currently be rejected without sufficient discussion or consideration of alternatives.

Requirement to consult before refusing a request

The most significant practical change for employers will be the introduction of a mandatory consultation meeting before a flexible working request can be rejected.

Where an employer is minded to refuse a request, they will be required to hold a meeting with the employee within the existing two-month decision period. The purpose of the meeting will be to:

• Consider whether the requested arrangement is feasible.
• Discuss any concerns or challenges.
• Explore possible solutions.
• Consider alternative arrangements where the original request cannot be accommodated.
• Conduct the discussion with a view to reaching agreement.

The Government has made clear that this must be a genuine consultation exercise rather than simply a meeting to communicate a pre-determined outcome. The focus should be on exploring what may be possible rather than simply identifying reasons to reject the request.

New procedural requirements

New regulations will require employers to:

• Hold a meeting before rejecting a request.
• Give the employee fair and reasonable notice of the meeting.
• Inform the employee of the purpose of the meeting in advance.
• Conduct the meeting within the existing two-month decision period.
• Confirm the outcome of the meeting in writing.
• Confirm the final decision in writing.

The new reasonableness test

The ERA 2025 introduces a new requirement that employers may only refuse a statutory flexible working request where it is reasonable to do so. In addition, when rejecting a request, employers will need to explain:

• Which statutory business reason applies.
• Why it is reasonable to rely on that reason in the circumstances.

Acas has committed to publishing detailed guidance on the reasonableness test, which is expected to help employers understand the circumstances in which refusals are likely to be justified.

This is likely to increase the burden on employers to demonstrate that they have properly considered the request, explored alternatives and reached a reasoned decision based on evidence rather than assumption.

Proposals for flexible working reform which have been rejected

Several proposals were considered but ultimately rejected.

Employers will not be legally required to:

• Ensure that the decision-maker attends the consultation meeting.
• Ask whether the employee wants the request treated as a reasonable adjustment under the Equality Act 2010.
• Allow employees a statutory right of appeal.
• Allow employees a statutory right to be accompanied at meetings.
• Discuss trial periods, review periods or temporary arrangements as a mandatory part of the process.

However, Acas guidance is likely to continue encouraging many of these practices as good practice. Trial periods, temporary arrangements and review periods are expected to feature prominently in future guidance, given the high level of employer use already reported during the consultation.

Practical implications of changes to the flexible working regime

Although the reforms are relatively modest, they will require organisations to review their processes and manager training.

Employers should expect to:

• Update flexible working policies before autumn 2027.
• Review template letters and documentation.
• Train managers on conducting meaningful consultation meetings.
• Ensure decisions are supported by business rationale and clear evidence.
• Keep appropriate records demonstrating that alternatives and mitigations were properly considered.
• Pay closer attention to consistency and fairness when handling similar requests across teams.

Acas has launched a consultation on a new draft Code of Practice on requests for flexible working, which closes on 17 December 2026.

The consultation also highlighted that many flexible working disputes arise not because of policy deficiencies, but because of inconsistent management practice. Employees who chose not to request flexible working often cited fears that their request would be rejected, damage their career prospects or lack managerial support. The Government views these cultural issues as a key driver behind the reforms.

Refusal of flexible working requests will be harder to justify

The flexible working framework from autumn 2027 onwards will remain a right to request, not a right to work flexibly. Employers will still be able to refuse requests where legitimate business reasons apply. However, refusal will become harder to justify if employers cannot demonstrate a fair process, meaningful consultation and reasonable decision-making.

For many employers, the reforms will formalise practices that are already considered good HR practice. The biggest change is likely to be the new statutory reasonableness requirement, which may increase scrutiny of refusals and place greater emphasis on documenting the rationale behind decisions.

Whilst compensation for an employer’s failure to follow the statutory process will remain relatively low, employees may be able to bring other claims relating an employer’s refusal to grant their flexible working request, such as for unlawful detriment, unfair dismissal or discrimination.