Upcoming changes to flexible working – what this means for you

Over the past few years, many of us have seen our working lives change dramatically. After Covid-19, hybrid working quickly became the norm and lots of employees found real value in having a mix of home and office working.

However, recently some employers have been asking staff to return to the office full time and unsurprisingly, that shift hasn’t gone down well with everyone.

The good news is that upcoming reforms to the flexible working regime are expected to make the process fairer and more transparent for employees.

One of the major updates proposed is the requirement that employers make decisions which are “objectively reasonable.” Put simply, your employer won’t be able to rely on vague concerns or objections when refusing a flexible working request. Instead, they will need to show that any request was genuinely and properly considered and that any refusal is evidence based, not just preference.

For example, if your employer says your working pattern wouldn’t work because it would inhibit tasks from being easily shared amongst the team, they will need to prove that they actually looked at whether duties could be reorganised or even whether bringing in extra help was a realistic option.

If they say your proposed arrangement is rejected on grounds it would harm performance or quality, they will need something more concrete than speculating or asserting that would be so. In fact, where there’s no real evidence either way, employers may increasingly be expected to trial your suggested arrangement before ruling it out. This shift should encourage a more open minded and practical approach, thus increasing the prospects of requests being accepted or at least properly considered.

The new statutory consultation process is expected to come into effect from 1st January 2027. Employers will be required to sit down with you to discuss your request; explore possible alternatives were appropriate; and keep a written record of the discussion. Many employers already take this approach but enshrining this in legislation provides for greater clarity and consistency and increases the consequences for employers who don’t comply.

Interestingly, the proposed process doesn’t include certain features from the ACAS Code, such as the right to be accompanied by a companion at the meeting nor the right to appeal if your request is refused. It’s not yet clear whether omitting these will lead to confusion or issues in practice. Some employers may decide to offer them anyway to maintain fairness and good working relationships.

Ultimately, these reforms are pushing for more accountability and better reasoned decisions. As an employee, that means your flexible working request should receive more thorough consideration, with your employer expected to explain their reasoning clearly and back up any refusal with evidence. It also means you can expect a more structured and transparent process when you make a request.

The good news – if you’re considering making a flexible working request from January 2027 onwards, the upcoming reforms are designed to give you a stronger, clearer framework on which to rely.

How can Morr & Co help?

If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Employment team, who will be happy to help. Or email info@morrlaw.com or call us on 0333 038 9100 and one of our team will be happy to assist.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.