Employment Rights Act: Flexible working

Flexible working is moving from “something to consider” to the default position. 

What’s changing 

From 2027, the April 2024 legislation giving the right to request flexible working from day one of employment will be strengthened by making flexible working a default day-one right, unless it is  not reasonably feasible  for the role. 

This means flexibility is the starting point, not the exception. 

Employers will still be able to refuse requests, but only where there is a genuine, well-evidenced business reason for doing so. 

What this means for your business 

New starters will be able to request flexible working from day one. 

And if this cannot be accommodated, you will need to clearly demonstrate why flexibility is not reasonably feasible for that role. 

Generic reasons, “this is how we’ve always done it” or unsubstantiated fair reasons are not enough. 

Handled badly, refusals could increase the risk of grievances, discrimination claims and employee relations issues. 

What you should be doing now 

• Review your flexible working policy and decision-making process 

• Identify which roles can genuinely be flexible and in what ways 

• Document clear, role-specific reasons where flexibility is not feasible 

• Train managers on how to assess and respond to requests consistently 

• Align recruitment messaging with what flexibility is actually available 

Flexible working done well can support attraction, retention and engagement. 

Done badly, it can quickly become a legal and cultural headache. 

Getting ahead of this change now puts you in control when 2027 arrives.