As you may remember, changes to flexible working are expected in Autumn 2027. Alongside these will be an updated ACAS Code of practice on flexible working which will reflect the changes. ACAS has today published a draft Code of Practice and launched a consultation seeking views on “whether the draft Code is clear and practical and whether it will help employers and employees apply the new law effectively”.
So, what do businesses need to know?
- Forthcoming changes
- How to have your say
- What to do if your business receives a statutory flexible working request
Forthcoming changes
As a quick reminder, a new reasonableness test for refusing flexible working requests will be introduced. Businesses will still be able to refuse a request using one or more of the current statutory business reasons, but they will also be required to explain why they consider the refusal reasonable.
The changes will also set out mandatory consultation steps before a request can be refused. Where an employer feels they cannot accept a statutory flexible working request in full, they must follow a consultation process with the employee which will be set out in forthcoming regulations.
You can read more about the changes and the government response to the consultation they carried out on flexible working in our earlier Legal Update.
In brief, the draft ACAS Code is based on four principles:
- Reaching decisions based on evidence
- Adapting where possible to enable a request
- Working together to find solutions
- Acting transparently and consistently
It contains updated guidance about areas including how to reach a reasonable decision about a request, how to consult an employee about their request and requests that may involve reasonable adjustments.
How to have your say
If you would like to participate in the consultation you can do so here. The consultation is open until 18th December 2026.
What to do if your business receives a statutory flexible working request
If your business receives a statutory flexible working request it is important that it is handled promptly and appropriately, bear in mind that there is a process to follow and it should usually be completed within two months of receipt of the request – including dealing with any appeal.