Understanding the current statutory regime and the upcoming reforms.
In the post‑coronavirus world, many aspects of working life were expected to change, but few have endured as strongly as flexible working. The term ‘flexible working’ is often misunderstood; many assume it refers solely to hybrid or remote working, or to shortened working weeks, but it can encompass much more – including flexitime, job‑sharing, and compressed hours. That said, as of October 2025 the Office for National Statistics estimated that 27% of workers in Great Britain were working under a hybrid arrangement, with a further 13% working fully remotely – meaning that at least 40% of the workforce were working in a non‑traditional pattern.
Despite this, flexible working has come under fire in recent weeks and months. JP Morgan is one of a growing number of employers seeking to mandate a return to five‑day office weeks, and Nigel Farage – whose Reform UK party is listed as nearly 10% more popular than any other in YouGov voting‑intention polls at the time of writing – has recently insisted that the work‑from‑home culture needs to be dismantled.
So, what are the rules, and in what direction are we heading?
The key features of the current rules surrounding statutory flexible working requests (“SFWRs”) are as follows (incorporating the changes introduced in April 2024):
- it is a day one right for employees to be able to make a SFWR;
- an employee can only make two SFWRs in any 12-month period;
- employers must make a decision – including completing any appeal – within two months of a SFWR being made;
- employers must meet and consult with the employee if they intend to reject the SFWR in full or in part;
- any rejection must be for one of the eight reasons permitted under statute; and
- employees who exercise their right to make a SFWR are protected against detriment and dismissal for having done so.
These rules have been expanded upon by the Employment Rights Act 2025 (the “Act”) – the flagship legislation set to introduce a wide range of changes over the next 12 months or so. The government has stated that its aim is for flexible working to become the ‘default’, and the changes envisaged under the Act move the dial firmly in that direction. In particular, the Act will make it more difficult for employers to reject flexible working requests by introducing a new test of reasonableness when refusing an application. Employers will also be required to set out the specific statutory ground or grounds relied upon when rejecting a SFWR and must explain why they consider refusal on those grounds to be reasonable.
It is expected that the changes made by the Act to the rules around SFWRs will not take effect until sometime in 2027 though, and the Government has used the interim period to open a consultation with employees and employers on some of the other proposed changes under the Act; namely, the introduction of a framework for consulting with employees when a SFWR is to be rejected in full or in part (which will ultimately become legally binding on employers via a set of statutory Regulations). Under the current proposals, this framework will include steps such as:
- giving the employee sufficient advance warning to prepare for a meeting about their request;
- ensuring that someone with authority to decide the matter is present at the meeting;
- discussing and considering workable alternatives;
- where applicable, providing clear communication from the decision‑maker explaining the reasons for rejection and why the refusal is considered reasonable, with reference to the statutory grounds; and
- keeping written records of the meeting and its outcome.
With all of this in mind, despite what might be making the headlines, the direction of travel at present is that the rights of UK employees to flexible working are being enhanced rather than eroded. As such, it would be wise to make sure that you are ready for these changes and that you are handling any flexible working requests in a manner complaint with the applicable legislation.
If you would like a review of your existing flexible working policy, or any guidance on flexible working applications, please get in touch with Jake king at [email protected].
