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Monday, September 28, 2026

UK Employment Law Coffee Break | Flexible working, neurodiversity and conduct issues, and new statutory family leave pay rates - Osborne Clarke

Employment and pensions

Welcome to our latest Coffee Break in which we look at the latest legal and practical developments for employers

Government announces right to request flexible working from day one

The government has this week responded to the "Making Flexible Working The Default" consultation, committing to the following changes:

  • removing the 26-week qualifying period before employees can request flexible working, making it a day-one right;
  • requiring employers to consult with their employees, as a means of exploring the available options, before rejecting a flexible working request;
  • allowing employees to make two flexible working requests in any 12-month period;
  • requiring employers to respond to requests within two months, down from three; and
  • removing the requirement for employees to set out how the effects of their flexible working request might be dealt with by their employer.

The day-one right to request flexible working will be delivered through secondary legislation.

The government has also committed to non-legislative action in the form of developing guidance to raise awareness and understanding of how to make and administer temporary requests for flexible working, and launching a call for evidence to better understand how informal flexible working operates in practice.

How will the new rules affect employers?

With many employers now operating hybrid working models the impact of this change will perhaps be less substantial than it might previously have...



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