Flexible working consultation open for submissions
The government is seeking views and evidence about improving access to flexible working for employees, as part of its wider Plan to Make Work Pay.
Using powers in the Employment Rights Act (ERA) 2025 the government will set out a new consultation process that employers must follow when they are unable to accept a statutory flexible working request. This aims to address issues of inconsistency and driving a transformative shift in discussions about flexible working.
All employees have a right to request a flexible working arrangement, whether it be statutory or informal. If employers refuse a statutory request they must refer to a business reason set out in legislation when they do this. However, there is currently no requirement to explain their rationale, and no route for employees to challenge decisions, other than on procedural grounds.
The government is seeking evidence about current approaches to handling flexible working requests to help shape guidance and resources for employers, employees and organisations which advise them.
The consultation closes on 30 April 2026. Organisations can submit responses online, via email or post. A summary of the consultation questions and further information is on the gov.uk website.
For guidance about all changes to the ERA please refer to our roadmap and actions page.
