Right to request flexible working consultation launched

Government consults on right to request flexible working with introduction of new ‘reasonableness test’ for employers and risk of tribunals from next year

The plan is to bring in the flexible working rules from 2027 under the Employment Rights Act, giving employees stronger rights to request flexible working, with a strengthened requirement for employers to treat requests seriously and if refused explain ‘why their decision is reasonable’.

Under the proposals set out in the Department for Business and Trade (DBT) consultation, which will be open for 12 weeks until the end of April, the government will introduce a new ‘reasonableness test’, whereby ‘employers must accept statutory flexible working requests that are reasonable and feasible’.

Employees will also be able to bring a claim to the Employment Tribunal if a reasonable request is denied, and tribunals will have the power to require employers to reconsider the decision, and even pay compensation of up to eight weeks’ pay.

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