Ella Halsall, in our Employment Law team, outlines the forthcoming changes to flexible working requests under the Employment Rights Act 2025 and what they could mean for employers.
The Government has confirmed that further reforms to flexible working request procedures are expected to be introduced in Autumn 2027 under the ERA 2025.
Much of the finer detail will be subject to further Regulations and guidance, with Acas currently consulting on a revised Code of Practice to be presented to Parliament in the summer of 2027 for implementation alongside the Regulations. Although not finalised, the latest update gives employers and HR professionals a clearer indication of the steps that may need to be built into internal processes when considering flexible working requests in the future.
What are the proposed changes?
The reforms are expected to introduce two key developments. Firstly, the new Regulations will set out the process that employers must follow before refusing a statutory flexible working request (on the basis of one/more of the statutory reasons) and secondly, a ‘reasonableness test’ is also expected to come into force. This will mean that employers will need to be able to show that any refusal is reasonable in the circumstances.
In terms of process:
- Employers will be required to hold a meeting before rejecting a request, with the aim of considering feasibility, addressing challenges and exploring suitable alternatives when appropriate.
- The meeting must take place within the two-month decision period, beginning with the date on which the request was made. Employees should be given fair and reasonable notice and told the purpose of the meeting in advance.
- Employers will need to confirm both the outcome of the meeting and the decision on the request, in writing. A single written communication can cover both points.
- There is no statutory right of appeal nor right to be accompanied, although they remain matters of good practice.
- Trial periods, review points and time-limited arrangements are expected to be promoted through guidance rather than imposed as legal requirements.
Considerations for employers
Although the changes are not expected to take effect until autumn 2027, employers should consider taking steps in good time to ensure that their policies, procedures and managers are ERA 2025 ready. In particular, employers may wish to consider:
- reviewing flexible working policies and procedures;
- training managers on the proposed requirement to meet with employees before rejecting a request;
- ensuring that requests, discussions and decisions are clearly recorded including any dates and deadlines for responding;
- considering whether trial periods or alternative arrangements may be appropriate in suitable cases; and
- checking that written decisions set out clear business reasons and demonstrate that the request has been considered reasonably.
How can we help?
It is vitally important for employers and HR professionals to be aware of and to understand what the forthcoming changes could mean for their businesses. Our specialist Employment Law team is here to help and advise. If you would like advice on preparing for the reforms, updating your flexible working policy, employment contracts, other internal policies or handling a particular request, please contact a member of the team.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
