Improving access to flexible working

The consultation explored the process employers should follow when considering requests for statutory flexible working, supporting the aims of the NHS staff standards to improve staff experience. Of the 1,016 responses received, around 88 per cent supported the proposed approach

Following the consultation, the government has confirmed that it will:

• introduce secondary legislation setting out the process employers must follow before rejecting a statutory flexible working request
• require employers to show that rejecting a request is reasonable
• require employers to explain decisions with reference to the relevant statutory business grounds.

Before rejecting a request, employers will be expected to meet with the employee, consider the feasibility of the original request and explore suitable alternatives where appropriate. Discussion must be approached with a view to reaching an agreement. Employers will also be required to confirm the outcome of the meeting and their final decision in writing.

The government intends these changes to take effect in autumn 2027.

Acas will publish a draft update to its Code of Practice for flexible working requests. The updated Code will provide statutory guidance for employers and employees on consultation requirements and the new reasonableness test. Acas will consider feedback before the updated Code is presented in Parliament, with the intention that it takes effect alongside the legislative reforms. Acas will also publish detailed guidance on the reasonableness test later this year.

Flexible working can play an important role in supporting staff wellbeing, work-life balance, inclusion, retention and workforce participation. The government’s response also highlights the importance of workplace culture, effective line management practice and constructive conversations in shaping staff experience and flexible working. 

Further information

• For more information on flexible working check out our resources Think Flex First NHS | NHS Employers.
• Join our Staff Experience Network for the latest updates, resources and events to support staff experience.