As it stands, all employees have the right to request flexible working arrangements from day one. Employers are required to consider these requests, but they can decline them based on one or more of eight statutory business reasons. If an employer fails to follow the proper procedure or unlawfully refuses a request, the penalty could be up to eight weeks’ pay, with a cap of £5,600.
What does the Bill Propose?
The Bill brings an important change – refusals of flexible working requests must be “reasonable”. This means that employers will need to clearly outline in writing the reason for their decision together with their reason(s) for why they believe their refusal is justified.
This change adds an extra layer of transparency, ensuring that both employers and employees have a clearer understanding of what constitutes a fair refusal.
When will these changes come into effect?
The government is set to consult on these changes in late 2025 or early 2026, with the new rules expected to come into effect in 2027.
Stay up to date
Track the latest developments and estimated timeframes on our Employment Rights Bill Dashboard.
