UK government consults on making flexible working the legal default

The UK government launched a consultation (open until 30 April 2026) on making flexible working the legal default under the Employment Rights Bill. Employers would need to prove refusals are “reasonable”, with Employment Tribunals gaining power to assess the fairness of rejections – not just whether procedures were followed.

This represents a significant shift from the current “right to request” framework. If enacted, it would place the burden on employers to justify why a role cannot be performed flexibly, rather than on employees to make the case for it.