Acas Consults on New Flexible Working Code: What Schools Need to Know
Schools and trusts could see significant changes to the way flexible working requests are handled over the next year.
Acas consultation: draft Code of Practice on requests for flexible working was launched on 1st October 2026 and seeks views on proposed changes designed to reflect reforms introduced by the Employment Rights Act 2025. The consultation closes on 17th December 2026, with the new rules expected to come into force in autumn 2027 alongside the wider legislative changes.
For now, schools and trusts should continue to follow the current Acas Code which was introduced in 2024. However, the consultation provides a clear indication of how employers, will be expected to approach flexible working requests in the future.
What is changing?
The existing statutory business reasons for refusing a flexible working request are not changing. However, schools and trusts are likely to face a higher threshold before a request can be refused.
Under the proposed framework, a school or trust, as the employer, would only be able to refuse a request where it has a valid statutory business reason and it is reasonable to rely on that reason in the circumstances. It would also need to explain why it considers the decision to be reasonable.
The draft Code also reflects new requirements for schools and trusts, as employers, to consult with employees before refusing a request. The detailed consultation process will be set out in regulations, but the expectation is that schools and trusts will hold meaningful discussions and genuinely explore possible solutions before reaching a final decision.
What could this mean for schools?
Many schools already approach flexible working requests carefully and sensibly. However, the proposed changes suggest that greater emphasis will be placed on evidence, consultation and exploring alternatives.
For example, before rejecting a request, schools may need to demonstrate that they have:
The focus appears to be shifting away from simply identifying a reason for refusal and towards demonstrating a fair and reasonable decision-making process.
Four principles for handling requests
The draft Code identifies four key principles that should underpin flexible working discussions and decisions:
Decisions should be based on evidence rather than assumptions.
Schools and trusts should consider adapting arrangements where possible to make a request work.
Both parties should work together to find solutions and explore alternatives.
The process should be transparent and consistent, with clear explanations and similar requests being treated fairly.
Disability and reasonable adjustments
The consultation also highlights the importance of considering disability-related issues.
Acas reminds schools and trusts that flexible working legislation does not replace the separate duty, for employers, to make reasonable adjustments under the Equality Act 2010. Where an employee's request is linked to a disability, schools and trusts should consider whether the requested arrangement, or changes to the process itself, may amount to a reasonable adjustment.
Looking ahead
Although the proposed reforms are not expected to take effect until autumn 2027, schools and trusts may wish to begin reviewing their current procedures.
Training managers and leaders, ensuring clear consultation processes are in place and keeping records of how decisions are reached are all likely to become increasingly important if the proposed changes are implemented. This is particularly relevant in schools, where balancing operational requirements with staff recruitment, retention and wellbeing remains an ongoing challenge.
The consultation is open until 17th December 2026. Acas is inviting feedback from schools and trusts, employees, trade unions, HR professionals and others with an interest in flexible working and employment relations.