UK flexible working: new 'reasonableness test' for refusals coming 2027

The UK government’s consultation on flexible working reforms closed on April 30, 2026. The proposed changes – part of the Employment Rights Act implementation – would introduce a prescribed process that employers must follow before rejecting any flexible working request. Under the new framework, employers would need to hold a mandatory meeting with the decision-maker, consider disability-related adjustments, actively explore alternative arrangements, and provide written reasons explaining why a refusal is reasonable.

This shifts the burden significantly: rather than simply citing one of eight statutory grounds for refusal (as under the current framework), employers would need to demonstrate that their decision was genuinely reasonable in the circumstances. Acas will revise its Code of Practice accordingly, and Employment Tribunals will gain power to assess the substance of refusals, not just whether procedural steps were followed.

Why this matters for remote workers in the UK: the current flexible working regime, while technically a “right to request,” has been widely criticised as toothless – employers can refuse by citing any of the eight statutory grounds without demonstrating that the refusal was proportionate or necessary. The new reasonableness test changes the calculus. An employer who refuses a remote working request will need to explain why that refusal is reasonable given the specific role, the employee’s circumstances, and the alternatives explored. This is particularly significant for disabled workers, where failure to consider remote work as a reasonable adjustment already carries discrimination risks under the Equality Act 2010.

The consultation also aligns with broader Employment Rights Act changes already live since April 2026, including day-one Statutory Sick Pay, day-one family leave rights, and the establishment of the Fair Work Agency. Unfair dismissal reforms (day-one rights with a statutory probation period) are due January 2027, alongside zero-hours and low-hours worker protections.

What to watch: the reasonableness test is expected to take effect in 2027. A separate consultation on collective redundancy (closing May 21) proposes an employer-wide trigger replacing the current separate establishment approach – relevant for companies restructuring hybrid teams across multiple office locations. For UK-based remote workers, the key development is Make UK’s analysis of how the new framework interacts with existing contractual remote work arrangements.