While the debate around working from home is far from settled, the government’s measures in the Employment Rights Act appear to load the dice in favour of the employee making a flexible working request. Richard Fox, partner at Keystone Law, examines what new rules, expected in late 2027, are likely to mean for employers and the tribunal system.
Following the passing into law of the Employment Rights Act 2025 at the end of last year, there are many areas in employment law which are giving rise to controversy. Flexible working may become one of the most controversial.
The Act introduces additional changes to our flexible working regime that are expected to be brought in next Autumn. Employers seeking to refuse requests for flexible working are going to have to show not only that they have one of the (eight) prescribed statutory grounds to refuse the request, but also that it is “reasonable” to use that ground or grounds in order to do so.
The regulations have not yet been published, but already we are being told they are going to be toughened up. That is according to Louise Haigh, first secretary of state, in her widely reported speech to the TUC Congress on last month.
When the new regulations come into force, we are now being told that employers will have to hold in-person meetings with employees to “properly consider” requests to work from home, after which, if they wish to refuse the request, they will need to have a “justifiable reason”.
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