The government has launched a consultation on improving access to flexible working, in advance of changes to be brought in by the Employment Rights Act (ERA 25) in 2027.
So, what do businesses need to know?
- Changes ahead
- Having your say
- What to do if your business receives a statutory flexible working request
1. Changes Ahead
Changes to the law on flexible working to be brought in by the ERA 25 will mean that if an employer rejects a statutory flexible working request because of a genuine business reason, in addition to it being on one or more of the acceptable statutory grounds for refusal, the employer will also have to explain why they believe the refusal is reasonable.
Whilst the change may sound daunting, it’s important to bear in mind that many businesses already do this not only as it is good practice, but it can help to put the business in a more robust position in some situations, such as where there may be a risk of an indirect discrimination or constructive unfair dismissal claim where a request is being refused or the employee is likely to challenge the decision on appeal.
Statutory guidance will be produced to help employers understand and meet their obligations under the ‘reasonableness test’, and the government consultation is seeking evidence about current approaches to flexible working requests to help shape that guidance.
The government is also considering a new consultation process that employers must follow when they are unable to accept a statutory flexible working request. The aim is to ‘encourage employers and employees to fully explore viable solutions that work for both of them…’. This follows feedback to the government that there are still issues around inconsistent handling of requests and confusion over what is required. The government is looking to learn about existing practices and views through their consultation.
2. Having Your Say
If you would like to participate in the consultation, you can do so here.
3. What to do if Your Business Receives a Statutory Flexible Working Request
If your business receives a statutory flexible working request, it must be 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.
Remember, your first step should be to get in touch with us for specific advice and support if your business receives a flexible working request.
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