Flexible Working: What the New Act Means for You

The Right to Request Flexible Working is Changing

The Employment Rights Act 2025 introduces a significant shift in how employers must handle flexible working requests. While employees already have a day-one right to request flexible working, the new legislation places a greater responsibility on employers to justify their decisions.

Is Your Business Ready for the Biggest Shift in Employment Law?

What's New?

Under the new Act, which is expected to be implemented in 2027, employers will be required to explain why it was reasonable to refuse a flexible working request. The eight existing statutory grounds for refusal remain the same, but the burden of proof is shifting.

The Government's original intention was to make flexible working the default "except where it is not reasonably feasible". While the final legislation is not as strong as that, it signals a clear direction of travel towards greater flexibility in the workplace.

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How to Prepare

  • Review your flexible working policy: Ensure it reflects the new requirement for a reasoned explanation for any refusal.

  • Train your line managers: They must understand how to handle requests fairly and consistently under the new rules.

  • Document your decisions: Keep clear records of why requests are approved or denied, based on the statutory grounds.

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Stay Compliant with CIPD HR-inform Pro

Navigating the nuances of the new flexible working rules can be complex. CIPD HR-inform Pro provides updated policy templates, step-by-step guides, and access to expert advice to ensure you handle every request correctly.

Employment Rights Act 2025 Download a summary

After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.

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Prepare for the Employment Rights Act 2025

The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.