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, employers would need to demonstrate that their decision was genuinely reasonable in the circumstances.

The new reasonableness test is expected to take effect in 2027, with Acas revising its Code of Practice accordingly.