Flexible working has already become familiar for many workplaces and helps people achieve a better work-life balance. But for employers, the way flexible working requests are handled is about to become more important.
Under the Employment Rights Act 2025, there will be an amendment to flexible working law. If an employer rejects a flexible working request, they will have to state the relevant business reason for the refusal and explain why they believe the refusal is reasonable. These changes are expected to come into effect in 2027.
For employers, this means that simply following a set procedure may no longer be enough, so this is where preparation matters.
In this article, we look at what is changing, what a reasonable decision could look like in practice, and how employers can build a flexible working process that is strong enough for the new rules.
Why the Approach to Flexible Working is Changing
The approach to flexible working is changing because the Government wants to improve work-life balance for employees and make it more likely that reasonable and feasible requests are accepted.
Flexible working can provide benefits for both employees and employers. Under the current rules, employers can refuse a flexible working request on one or more of the eight statutory business grounds, without having to explain why they consider the refusal reasonable.
If the request is refused, this is where the change comes in; employers will need to explain why they consider the refusal reasonable as part of the new reasonableness test.
This is being put in place so that employers who cannot immediately accept a flexible working request will need to follow a new process, including discussing whether any problems with the proposed arrangement can be overcome or whether alternative arrangements could work.
What Makes a Decision Reasonable?
There is no checklist for what is considered ‘reasonable’. Instead, an employer will need to show that they have properly considered the request, followed a fair process and assessed the potential impact on the business.
A reasonable approach means the employer has:
- Taken the request seriously
- Handled the process fairly and within timescales
- Considered the practical impact on the business
- Avoided blanket policies or assumptions
- Based decision on evidence rather than preference
Ultimately, it is not just the decision that matters, but how the decision was reached. A refusal should be based on genuine business considerations, supported by evidence and clearly explained.
How to Build a Stronger Decision-Making Process
To build a stronger decision-making process around the flexible working rules, employers should consider whether their current process provides enough structure and evidence to support this.
A key part of the process moving forward is holding a meeting with the employee within the current two-month decision-making period.
Employers will need to give the employee reasonable notice of the meeting and explain its purpose in advance. They should also discuss any obstacles to the request and consider whether an alternative arrangement could work if the original request cannot be accommodated.
It is also important to keep a clear record of the discussions, the options considered and the reasons for the final decision.
Taking this approach can help employers demonstrate that a request has been properly considered and that the decision was reached following a fair and informed process.
Could Your Current Process Stand Up to Scrutiny?
With the changes not expected to change until Autumn 2027, now is a good time for employers to review how flexible working requests are currently handled.
The company process that works today may not necessarily provide enough detail or evidence for the new requirements. Reviewing your approach now can help you identify any gaps, strengthen decision-making and give your managers greater confidence when handling those flexible working requests in the future.
The Role of Managers
Managers will play an important role in making sure flexible working requests are handled fairly and consistently under the new rules.
Managers must hold a formal meeting with employees to discuss requests and, where a request is refused, explain the reasons for the decision.
Employers should take steps to equip managers with the right support and appropriate training that will help ensure that flexible working requests are considered consistently and that employers can demonstrate how decisions have been reached.
Ultimately, a well-informed manager can help ensure the process is fair for employees while also taking the needs of the business into account.
How Premier Legal Can Help
The changes to flexible working will require employers to take a more considered approach to requests. With the new rules expected next year, now is a good time to review your policies, procedures and management training.
At Premier Legal, we can support employers in understanding the changes and how they may affect your business. If you need advice on your current approach, or have any questions, get in touch with our team today. We’re more than happy to help.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.