17 September 2026

Is dealing with flexible working requests set to get a little harder?

On 15 September the government responded to the consultation on Improving Access to Flexible Working.  While there will be no statutory right to appeal, or accompaniment, a new process will have to be followed and the ‘reasonableness test will be introduced. The government state that statutory guidance will be produced to help employers understand and meet their obligations under the new reasonableness test, setting out how employers can draw on the 8 business reasons for rejecting a request. Nevertheless, if employers have been meeting with employees to discuss their request and if rejecting for one of the 8 permissible reasons, doing so for rational and evidence-based grounds, it is hard to see what material difference the new provisions will make.

To read the actual government response Improving Access the Flexible Working Consultation Response  and for the consultation outcome on the government website go to Make Work Pay: consultation on improving access to flexible working 

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