The Government has launched a consultation on improving access to flexible working as part of its Plan to Make Work Pay.
Using powers in the Employment Rights Act 2025 (ERA 2025), the Government will introduce a new consultation process for employers to follow if they think they might need to reject a flexible working request. This will include a new “reasonableness test”, meaning that employers will have to accept statutory flexible working requests that are reasonable and feasible.
For more information, catch up on our GLU webinar:
Employment Rights Act 2025: what's changing in 2027?
If, after consulting with the employee, an employer decides to reject a request, it will have to explain to the employee why its decision is reasonable, referring to one or more of the eight business reasons already set out in legislation and providing an explanation for the basis of its decision.
If an employee feels that their employer has unreasonably rejected a request, the employee will be able to bring a claim to an employment tribunal under the reasonableness test. The tribunal will consider the employer’s explanation, and, if it finds in favour of the employee, could:
· require that the employer reconsiders its decision
· award compensation of up to eight weeks’ pay.
The consultation seeks views on:
· a proposed new light-touch process for employers consulting with employees where a request cannot be immediately agreed
· what training, resources and support can help businesses navigate flexible working requests
· other ways to improve access to flexible working.
The consultation opened on 5 February 2026 and closes at 11.59pm on 30 April 2026.
Check out our Employment Rights Act 2025 Toolkit on GLU for more information on what the Act means for you.
