Government update from the flexible working consultations

In September 2026, the Government published their response to the recent consultation around improving access to flexible working.

The consultation found majority support for employers to work with employees to explore ways in which to deal with barriers to flexible working requests. Or, where that is not possible, looking at alternative arrangements that would benefit all parties.

Communication between employers and employees was identified as essential to ensure a balance between requests being considered fairly and feasibility for the business.

Current legislation only gives employees the right to request flexible working, and employers could refuse a request based on one of the statutory business reasons.

However, the Employment Rights Act 2025 will build on protections for employees by ensuring that a consultation process is followed. There must be a meeting with the employee, with reasonable notice given to the employee of the timing and purpose of the meeting.

During this meeting, the employer must demonstrate that they have done the following:

• Considered whether the request can be accommodated;
• Identified any potential barriers and how these might be dealt with;
• Worked out any possible adjustments or solutions; and
• Considered any alternative arrangements that may work for both parties (this may also include trials or temporary arrangements).

The employer will also be required to provide written confirmation of the meeting outcome to the employee.

The Employment Rights Act 2025 has also proposed a new reasonableness test that must be applied if employers intend to reject a flexible working request. Further details on what this would look like are expected to come from ACAS (to be used alongside their existing Code of Practice on flexible working).

These changes are expected to come into force through secondary legislation in the second half of 2027. We should therefore expect to hear more information over the next year, along with the new ACAS guidance.

If you’re unsure how to handle a flexible working request under the Employment Rights Act 2025, contact Solutions for HR before you respond.