Here are the new flexible working laws planned for the UK
The Employment Rights Bill is expected to become law in the coming weeks. The Bill paves the way for significant reforms of UK employment law.
However, the majority of the changes will be phased in over 2026 and 2027, with changes to the unfair dismissal qualifying period expected to come into force in 2027.
The Government plans to consult on the detail in several areas before implementation and some of the specifics will be set out in future regulations.
One of the key provisions of the new Bill is the strengthening flexible working by making it harder for employers to refuse requests, says legal experts at Travers Smith.
In an analysios of the Bill, the firm noted that employers will still be able to refuse flexible working requests on specified business grounds but there will be a new requirement for any refusal to be “reasonable”.
Employers rejecting a flexible working request will have to state the grounds for refusal and explain why the rejection is reasonable. In addition, employers must consult with the employee before refusing a flexible working request.
The government will, subject to consultation, set out in regulations steps that employers must follow as part of this consultation requirement.
“The government pledged to make flexible working the default for all roles with employers required to accommodate this as far as is reasonable,” the firm said.
“The changes in the Bill stop short of this as employers will continue to be able to refuse flexible working requests on specified business grounds. The new requirement for the refusal to be reasonable may have a limited impact but it remains to be seen how this will be interpreted by tribunals and government guidance.
“The Government plans to consult on the steps employers will be required to follow in order to comply with the obligation to consult with an employee before refusing a request. Employers will need to review their flexible working policies and practices in the light of the changes, and ensure managers receive training in how to handle flexible working requests.”
