Flexible Working Update

Making a request for flexible working is now a legal right from day one of employment. An employee no longer needs to wait 26 weeks from their start date before making a request to their employer.

Earlier this week, the Department for Business, Innovation, Science and Trade published its response to the “Make Work Pay” consultation of improving access to flexible working arrangements. This has led to two reforms being made.

1. There will be a process prescribed for employers that must be followed prior to rejecting a statutory flexible working request.
2. Within the Employment Rights Act 2025, a “reasonableness” test was introduced. A request may only be refused “where it is reasonable to do so”.

These reforms will commence in autumn 2027.

The main points arising from these reforms are:

• An employer cannot just reject a request. They must hold a meeting to consider the request, what challenges it may bring and alternatives if the request is not feasible.
• The employer must give fair and reasonable notice to the employee of a meeting to discuss the request. This meeting must take place within the two-month decision period.
• Employers can use one communication to inform the employee of the outcome of the meeting and the decision in relation to the request.
• Rather than being required, trial periods, reviews and time-limited arrangements, will be discussed within further guidance.

Acas will now be involved in relation to a revised Code of Practice for flexible working to come into effect with the changes in autumn 2027. We are currently awaiting guidance from Acas in relation to the “reasonable” test before the end of 2026.

To discuss how we can assist you with a flexible working request, please contact Hazel Taylor:

📞 01604 887450

📧 hazel.taylor@maxengel.co.uk