What changes are being made to flexible working rights?
The Act will strengthen the existing statutory right to request flexible working. The current right to make a request from the first day of employment remains in place; the additional reforms are due to come into force during 2027.
Flexible working can include changes to working hours, working patterns, start and finish times, compressed hours, job sharing, hybrid working or working from home.
Under the 2027 reforms, an employer considering refusing a request will need to consult the employee, rely on one or more of the existing eight statutory business grounds, and explain why the refusal is reasonable. The detailed process remains subject to regulations.
The aim of the reforms is to make flexible working a more realistic option for workers with caring responsibilities, disabilities, health conditions or other circumstances that make traditional working patterns difficult.
The Act does not create an automatic right to work flexibly. Employees will continue to have a right to request, and employers will retain the ability to refuse a request where they meet the statutory requirements.
What this means for union reps
- Members may have a stronger basis for seeking flexible working arrangements and challenging unreasonable refusals.
- Reps may be asked to support members in preparing requests and responding to decisions made by employers.
- Employers will need to demonstrate that they have properly considered requests and have genuine business reasons for refusing them.
- Flexible working may become an increasingly important bargaining issue, particularly in relation to work-life balance, caring responsibilities, disability inclusion and workplace equality.
