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Monday, September 28, 2026

Still a right to ask, not to have - UK government responds to flexible working consultation - JD Supra

The UK government has responded to last year’s consultation on making flexible working the default. The response confirms that the right to request flexible working will be available to all employees, regardless of their length of service. Other changes to the existing flexible working procedure, such as an increase in the number of requests employees can make and a reduction in the period for considering requests, will be introduced through a Private Members’ Bill that has government support.

In 2021 the government consulted on how to make flexible working the default. It has now published its consultation response, which confirms that it will make several changes to the current framework for making flexible working requests. However, the reasons on which employers can rely to refuse requests will not be changed.

Key points

The key points from the response include:

  • Employees will have a right to request flexible working from day one of their employment. At the moment employees can only request flexible working under the statutory procedure if they have 26 weeks’ service. The government believes this change will encourage job mobility and expand the labour market.
  • Employers will have to consult employees about a request. The ACAS Code of Practice on handling flexible working requests already encourages employers to discuss requests with employees, so this is unlikely to represent a significant additional burden.
  • Employees will be able to make two requests for flexible...


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