UK: Flexible Working: Consultation Published
Authors: Stephen Miller, Corinna Harris, and Sophie Jackson
On 5 February 2026, the UK Government published its consultation on improving access to flexible working.
The Employment Rights Act 2025 introduces significant reforms to the statutory flexible working framework, including a ‘reasonableness’ test, the requirement to explain why a refusal is reasonable and a mandatory consultation process. These changes are expected to take effect in 2027.
The UK Government consultation seeks feedback on a proposed statutory consultation process that employers would be required to follow before refusing a statutory flexible working request. The proposed steps include:
- Holding a meeting with the employee, ideally within six weeks of the request
- Providing advance notice of the meeting’s purpose
- Engaging in meaningful discussion of the request and any potential alternatives
- Ensuring an authorised decision‑maker attends, keeps a record, identifies any reasonable adjustments considerations, explains the business challenges and explores solutions including trial periods)
- Considering any feasible alternatives
- Providing written confirmation of the outcome and final decision
The consultation also invites feedback on how the current regime is working in practice and how access to flexible working can be improved. It also seeks views on the training, resources and support employers may need.
Key Action Points for Human Resources and In-house Counsel:
The proposed reforms are intended to increase the likelihood of flexible working requests being approved and create a more transparent and consistent process for employers and employees.
For more information about the proposed changes to flexible working and what this means for employers, please see our detailed update.
