The most recent wave of consultations relating to the implementation of the Employment Rights Act includes a consultation on improving access to flexible working. At the heart of this is a proposed mandatory process that employers will have to follow if they are considering refusing a request. We unpick the proposals.
One of the key pledges underpinning its employment rights reforms was the government's commitment to make flexible working the “default from day one for all workers except where it is not reasonably feasible”. But with flexible working already a day one right, the changes introduced by the Act were fairly modest.
As we explored in more detail here, the key changes introduced by the Act are:
Against this backdrop, on 5 February 2026 the government launched a consultation aimed at establishing what this new statutory process should be. The consultation, which is open until 30 April, also makes wide reaching inquiries to establish how employers are currently handling flexible working requests. The feedback is intended to inform future guidance on what constitutes a reasonable refusal which we consider...
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