Government consultation opens on flexible working reforms
The Government has opened a consultation on proposals to improve access to flexible working.
Under the Employment Rights Act 2025, the Government intends to introduce a new consultation requirement for employers who are considering turning down a statutory flexible working request. A key element of the proposals is a new “reasonable nesstest”, which would require employers to approve flexible working requests where they are both reasonable and operationally achievable.
Where,following consultation, an employer concludes that a request cannot be agreed, it would be required to provide the employee with a clear and reasoned explanation. This explanation must reference one or more of the existing eight statutory business grounds for refusal and set out why those grounds apply to the specific request.
If an employee believes that their flexible working request has been rejected unreasonably, they would have the right to bring a claim in the employment tribunal under the new reasonableness test. In such cases, the tribunal would review the employer’s explanation and, where it finds in the employee’s favour, it could:
- require the employer to reconsider the flexible working request; and
- award compensation of up to eight weeks’ pay.
The consultation is seeking feedback on a number of areas, including:
- a proposed light-touch consultation process for situations where flexible working requests cannot be approved immediately;
- the training, guidance andsupport that would help employers manage flexible working requests effectively; and
- any additional measures that could further improve access to flexible working.
The consultation opened on 5th February 2026 and will close at 11.59pm on 30th April 2026.
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