Flexible Working Changes Autumn 2027

The government has responded to the consultation on improving access to flexible working, confirming that there will be a new mandatory process for employers to follow if they are considering refusing a request.

The key changes to the flexible working framework introduced by the Employment Rights Act 2025 which will take effect in Autumn 2027 are:

1. the requirement that an employer may only refuse a request if it’s reasonable to do so;
2. the requirement that employers state the ground for refusal and explain why they consider it reasonable to refuse the request on that ground; and
3. the power to introduce regulations to set out the steps which an employer must take before refusing a request for flexible working.

There will be a new mandatory statutory process that employers must follow if they are considering refusing a flexible working request and this will come into force in Autumn 2027, alongside the new reasonableness test.

What will the new mandatory process be?

Employers must hold a meeting before rejecting a flexible working request to:

1. Consider the feasibility of the requested arrangement and address challenges where possible; and
2. If the requested arrangement is not feasible, explore any suitable alternative arrangements and the meeting shall be undertaken by the employer with the view to reaching an agreement with the employee.

Under the new statutory procedure, employers will have to:

• meet with the employee if it is thinking about refusing a request (which must take place within the two-month period for making a decision);
• give “fair and reasonable” notice in advance of the meeting;
• inform the employee about the purpose of the meeting in advance; and
• communicate the outcome of both the meeting and the final decision in writing, including a summary of the meeting (no requirement for detailed minutes).

For now, it is advisable for employers to start handling flexible working requests in this way and training those who handle such requests well ahead of these changes.

We will be offering training on this once we have more guidance on what is “reasonable” and the procedural steps have been fleshed out.