Flexible working requests
Employees can already ask for flexible working from their first day. The government intends that, from autumn 2027, an employer can refuse only where it is reasonable to do so on a listed ground, and must first hold a meeting with a view to reaching an agreement.
Refusing flexible working will get harder in 2027
What happened
On 15 September 2026 the government said how it will change the rules on flexible working requests. Employers will only be able to say no if it is reasonable. They will also have to meet the employee first. The government wants this to start in autumn 2027.
What it means for you
Nothing changes yet. The rules you follow today still apply. Plan to hold a proper meeting before you turn down a request. Keep a note of what you agreed and why.
Dates to know
- 15 September 2026The government said how the new process will work.
- Autumn 2027When the government wants the changes to start.
Source: GOV.UK, Department for Business and Trade. We check this page every week. Last checked .
The statutory right to request flexible working lets an employee ask to change their hours, working pattern or place of work. Since 6 April 2024 employees can ask from their first day, can make two requests in any 12 months, and no longer have to explain the effect on the business, while employers must consult before refusing and decide within two months. Section 9 of the Employment Rights Act 2025 tightens the refusal rule: an employer may refuse only if it relies on a listed business ground and it is reasonable to refuse on that ground, and the refusal notice must state the ground and explain why refusal is reasonable. The government's response of 15 September 2026 adds that regulations will require a meeting before a request is rejected, held with a view to reaching an agreement. It intends these changes to take effect in autumn 2027, alongside an updated Acas code.
What can an employee ask for today?
A change to their hours, working pattern or place of work. Since 6 April 2024 they can ask from the first day of a job and make two statutory requests in any 12 months. They no longer have to explain how the change would affect the business, employers must decide within two months, and they must consult the employee before refusing.
What does the Act change about refusing a request?
Today an employer can refuse on one of the statutory business grounds. Once section 9 is fully in force, the employer must also be able to show it is reasonable to refuse on that ground, and its written refusal must state the ground and explain why refusal is reasonable. The grounds are the burden of additional costs, effect on meeting customer demand, inability to reorganise work among staff, inability to recruit, effect on quality, effect on performance, insufficient work in the periods the employee proposes, and planned structural changes.
What will the new meeting process involve?
The government says employers must hold a meeting before rejecting a request. The meeting must consider whether the request can work and address any problems, and if not, look at suitable alternatives, all with a view to reaching an agreement. The decision-maker must say what the problems are, and the employer must record the outcome and tell the employee. The response also says the employee should be asked whether they want the request treated as a reasonable adjustment under the Equality Act 2010, and that a fixed-term trial can be agreed where the effect is unclear. Employers must give fair notice of the meeting. The government decided not to require that the decision-maker attends.
When does it start, and how firm is that date?
The government says it intends both the reasonableness test and the new process to take effect in autumn 2027. Acas will publish a draft update to its code of practice on flexible working requests for consultation, which will take effect at the same time. As at 30 September 2026 no regulations had been made and section 9 has been commenced only for specified purposes, so treat autumn 2027 as an intention that could move.
Hiring in the UK?
What Teamed handles for you in the UK
When someone in your UK team asks for flexible working, Teamed as their legal employer runs the statutory request process, so a decision is made on time and the reasoning is recorded properly.
These sit with us
- Requests logged and answered within the statutory time
- Consultation with the employee before any refusal
- Refusals tied to a listed business ground with reasons
- Agreed changes written into the contract
You keep
The decision on whether the role can work flexibly, because you know the work and the team best.
The new reasonableness test and meeting process are not yet in force. Today's rules apply, and Teamed will follow the new ones once they start.
Key figures
| Detail | Value |
|---|---|
| Current rules since 6 April 2024 | Employees can make a request from day one of a job, two requests in any 12 months, without explaining the effect on the business; employers must decide within two months and consult the employee before refusing. (source) |
| What section 9 changes | Section 9 amends section 80G of the Employment Rights Act 1996 so an employer may refuse only if a listed ground applies and it is reasonable to refuse on that ground; the refusal must state the ground and explain why it is reasonable. It also allows regulations to set steps an employer must take before refusing. (source) |
| Meeting before rejection | The government response says regulations will require a meeting before a request is rejected, to consider feasibility and suitable alternatives, held with a view to reaching an agreement. The outcome must be recorded and communicated to the employee. (source) |
| Intended start | The response says the government intends both the reasonableness test and the new process to take effect in autumn 2027. No regulations had been made as at 30 September 2026, so this is a stated intention rather than a legal date. (source) |
| Commencement so far | Section 9 was commenced for specified purposes on 6 January 2026 by SI 2026/3, regulation 2(6). That enables regulations to be made; the new refusal test is not yet in force. (source) |
| Acas code update | The response says Acas will publish a draft update to its code of practice on requests for flexible working for public consultation, taking effect at the same time as the legislative changes. (source) |
Frequently asked questions
Can an employee ask for flexible working in their first week?
Yes. Since 6 April 2024 the statutory right to request applies from the first day of a job. Employees can make two requests in any 12 months.
Can an employer refuse flexible working now?
Yes, on one of the statutory business grounds, after consulting the employee and deciding within two months. From autumn 2027 on the current plan, refusal must also be reasonable, explained in writing and preceded by a meeting.
Is flexible working a right to get the change?
No. It is a right to make a request and have it dealt with properly. The employer can still say no where a listed ground applies and, in future, where refusing is reasonable.
Will the decision-maker have to attend the meeting?
Not as a legal requirement. The government decided against that, but expects that in most cases the person with authority to decide should be there.
When do the changes start?
The government intends autumn 2027. No regulations had been made as at 30 September 2026, so the date is a stated intention and could move.
UK employment law is moving fast, and commencement dates have slipped before. When Teamed is your legal employer, we track every change and update your contracts, policies and payroll as the law lands, so you never have to read a roadmap to stay compliant.
