Flexible Working Requests and the New Reasonableness Test

Employers will soon need more than a valid business reason to turn down a flexible working request. Under the Employment Rights Act 2025, a refusal will have to be reasonable, and it will have to follow a set consultation process.

The government's response to its flexible working consultation, published in September 2026, says both changes "will take effect in autumn 2027". Acas is updating its Code of Practice to explain how the new test works.

This guide explains the current rules, what changes, and how to update your flexible working policy, letters and manager guidance before the new test applies.

The Changes at a Glance

Point	Now	From autumn 2027
Who can ask	Employees from day one	Unchanged
How many requests	Two in any 12 months	Unchanged
Decision period	Two months, including any appeal	Unchanged
Grounds to refuse	One of eight business reasons	One of eight reasons, and the refusal must be reasonable
Before refusing	Consult the employee	A meeting following set steps, aiming to reach agreement
Written outcome	Decision and reason	Written meeting outcome, plus a decision explaining the basis for refusal

The Current Rules

Since 6 April 2024, employees have been able to make a statutory flexible working request from their first day. They can make two requests in any 12-month period, and the employer must decide within two months, including any appeal.

An employer must consult the employee before refusing. It can refuse only for one of eight business reasons:

• the burden of additional costs;
• a detrimental effect on ability to meet customer demand;
• inability to reorganise work among existing staff;
• inability to recruit additional staff;
• a detrimental impact on quality;
• a detrimental impact on performance;
• insufficient work during the periods the employee proposes to work;
• planned structural changes.

At present, a tribunal mostly checks that the employer followed the procedure and picked a listed reason based on correct facts. It does not ask whether refusing was reasonable.

The Reasonableness Test

That changes in autumn 2027. The government response says "employers must only reject requests where it is reasonable to do so", and when rejecting they must set out the basis for the decision with reference to the statutory reasons.

Naming a ground will no longer be enough. A manager who writes "burden of additional costs" will need to explain what the costs are, why they cannot be absorbed and why alternatives were not workable.

Acas is consulting on a draft updated Code of Practice that gives the first detailed guidance on what a reasonable refusal looks like. Tribunals will take the Code into account.

The New Consultation Meeting

Before rejecting a request, employers will have to hold a meeting within the two-month decision period. The government response sets out what the meeting involves:

• fair and reasonable notice, with the purpose of the meeting explained in advance;
• a genuine aim of reaching an agreement with the employee;
• a clear statement of any difficulties with the original request;
• a discussion of possible solutions, and of feasible alternatives if the original request cannot work.

After the meeting, the employer must give written notice of the outcome, such as a summary of conclusions and next steps; full minutes are not needed. It must then give written notice of the decision: approved, rejected or an alternative agreed. One letter can do both if agreement is reached at the meeting.

What a Reasonable Refusal Looks Like

Until the final Acas Code is published, the safest approach is to treat every refusal as something you may have to justify to a tribunal with evidence.

• Specific facts. Rota gaps, customer hours, cost figures or service levels, not general statements.
• Alternatives explored. A trial period, different days, a later start or partial home working, and why each would or would not work.
• Consistency. Similar requests in similar roles treated the same way.
• Proportion. The impact on the business weighed against the benefit to the employee.
• Records. Meeting notes, the options discussed and the reasons, kept with the decision.

Hybrid and Home Working Requests

Requests to work from home for part of the week now make up a large share of applications. They are often the hardest to refuse reasonably, because many roles have already been done remotely.

If you need people on site, be specific about why: team supervision, customer contact, equipment or security. A blanket office attendance rule will be difficult to defend as reasonable for a role that has worked well from home.

Trial Periods

A trial period is often the best answer where an employer is unsure. Agree the arrangement, the length of the trial, how success will be measured and the review date, and confirm it in writing.

A trial that ends in a refusal still needs a reasonable, evidenced decision. Keep notes of what worked and what did not during the trial.

Appeals

There is no statutory right of appeal, but most employers offer one and the Acas Code expects it. An appeal must still fit within the two-month decision period unless the employee agrees to extend it.

Ideally a different manager hears the appeal. They should look at the facts again rather than simply reviewing whether the first manager followed the steps.

Requests From New Starters

Because the right applies from day one, a new starter can request flexible working in their first week. The same process and the same test apply.

Many employers now say in job adverts which flexible patterns are possible for the role. That reduces later disputes and helps recruitment.

Discrimination Risk

Flexible working refusals have always carried discrimination risk alongside the statutory scheme. Refusing reduced hours to someone with childcare responsibilities can be indirect sex discrimination, and refusing an adjustment for a disabled employee can breach the reasonable adjustments duty.

Those claims have no qualifying period and uncapped compensation. A properly reasoned decision under the new test is also the best defence to them. Our guide to reasonable adjustments at work covers the overlap for disabled staff.

Remedies

A tribunal can currently award up to eight weeks' pay, subject to the statutory cap on a week's pay, where the procedure is not followed. The 2027 changes add a route to challenge whether a refusal was reasonable.

The financial award for the flexible working claim itself is modest. The real cost is usually the linked discrimination or constructive dismissal claim, and the impact on retention.

What to Update Before Autumn 2027

1. Rewrite your flexible working policy to describe the consultation meeting and the reasonableness test.
2. Update template letters: meeting invitation, meeting outcome and decision letters with space for reasons.
3. Prepare a short decision record for managers, listing the facts relied on and the alternatives considered.
4. Train managers who handle requests, so they can explain a refusal rather than just name a ground.
5. Review how hybrid and remote working requests are handled, since they make up a large share of requests. Our remote working policies page covers the related documents.
6. Track requests and outcomes, so you can show consistent decisions.

How This Fits With the Other Changes

Flexible working is one of several Employment Rights Act measures planned for 2027 without an exact day yet, alongside bereavement leave and the zero-hours reforms. Our Employment Rights Act timeline keeps track of the dates as they are confirmed.

Flexible Working Policy and Procedure Writers

We write flexible working policies, request forms, meeting templates and manager guidance built for the reasonableness test, priced from £65 per document. They sit within our HR policies and procedures service.

If you already have a policy, our policy review service will update it for the 2027 changes and the new Acas Code. Get a quote to start.