Flexible Working - Employment Rights Act

Flexible Working

The right to request flexible working is amended to provide that an employer can only refuse a flexible working request if it is reasonable for them to do so on the basis of one of the statutory grounds. The statutory grounds remain unchanged and are:

 > the burden of additional costs;

 > detrimental effect on ability to meet customer demands;

 > inability to reorganise work among existing staff;

 > inability to recruit additional staff;

 > detrimental impact on quality;

 > detrimental impact on performance;

 > insufficiency of work during the periods the employee proposes to work; and

 > planned structural changes.

The employer must not refuse a request without consulting with the employee.  Where a request is refused the employer must put in writing which of the eight statutory reasons it relies on and explain why it is reasonable to refuse the employee’s application for that reason.

The government consulted on the process an employer must follow when refusing a request including holding a meeting with the employee, and consideration of alternatives and trial periods amongst others. The consultation closed on 30 April 2026 and a further consultation on the ACAS Code of Practice on requests for flexible working is due this Autumn with further regulations expected to be introduced in 2027.

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

Visit our main Employment Rights Act Hub for further information.