Flexible working: consultation outcome published

The Government has published its response to the Make Work Pay consultation on improving access to flexible working. The response confirms that changes will be introduced from autumn 2027, with the aim of encouraging more constructive discussions before an employer refuses a statutory flexible working request.

The headline point for employers is that it will no longer be enough simply to rely on one of the statutory business grounds. Employers will also need to show that refusing the request is reasonable in the circumstances.

• Employers will be required meet with employees before rejecting a request. The purpose of the meeting will be to consider whether the proposed arrangement can work, discuss any practical difficulties and explore alternatives.
• The meeting must take place within the two-month decision period. Employers will need to give fair and reasonable notice and explain the purpose of the meeting in advance.
• The employee must be informed in writing of the outcome of the meeting and the decision on the request. 
• Some of the original proposals will not be taken forward. In particular, there will be no requirement for the decision-maker to attend the meeting, no mandatory question about whether the request should be treated as a reasonable adjustment, and no fixed minimum notice period.
• There will also be no new statutory right of appeal or right to be accompanied, although both may still be sensible as a matter of good practice.
• Guidance is expected to encourage practical options such as trial periods, review points and time-limited arrangements, rather than making them compulsory.

Acas will consult on an updated Code of Practice, expected to be laid before Parliament in early summer 2027. Separate Acas guidance on the new reasonableness test is expected before the end of 2026.

Employers should therefore review their flexible working policies and start thinking about how managers will evidence meaningful consultation before refusing requests.

The consultation response can be found here: 
Improving Access the Flexible Working Consultation Response