Flexible working update: prepare for autumn 2027

The government has responded to its consultation, 'Improving Access to Flexible Working', confirming significant changes to the flexible working regime from autumn 2027.
The headline change is that employers will have to show that refusing a flexible working request is reasonable. There will also be a new statutory process to follow before saying no. 
 
 
What's changing?
The Employment Rights Act 2025 (ERA 2025) introduces three key changes:

• an employer will only be able to refuse a flexible working request where it is reasonable to do so;

• when refusing a request, the employer will have to identify the relevant statutory ground and explain why it considers the refusal reasonable on that ground; and

• regulations can prescribe the steps an employer must take before refusing a request.
  
  
  The government has now confirmed that it will introduce these regulations, with the new reasonableness test and process taking effect in autumn 2027.