Flexible working requests: the 2027 tightening

Employees can already ask for flexible working from day one (since 6 April 2024), make two requests a year, and get a decision within two months. The Act will require that a refusal is reasonable, rests on one of the eight statutory business reasons, and is explained to the employee.

We found no commencement regulations for this change on legislation.gov.uk as of 25 October 2026. The date comes from the government roadmap and may move; details depend on regulations and consultation responses.

Who it affects

All employers.

What changes

• Refusal must be reasonable and based on one of the eight listed business reasons.
• The employer must explain why the refusal is reasonable.

What to do

1. Keep a log of requests, dates, the consultation meeting and the reason for each decision.
2. Update the flexible working policy once regulations are published.

Documents to review by 3 September 2027

• Flexible working policy : Two requests a year, decision within two months; Reasons recorded against the eight business reasons.

Tick these off and export the dates to your calendar in the business plan tab.

Sources

1. Employment Rights Act 2025, section 9 — Right to request flexible working
2. GOV.UK — Flexible working
3. GOV.UK — Plan to Make Work Pay and Employment Rights Act: timeline update (updated 22 October 2026)

A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.