Flexible Working as a Default Right: What Changes in Autumn 2026

Last updated: April 2026

The Employment Rights Act 2025 is changing the way employers handle flexible working. The headline: flexible working is becoming a stronger default right for every employee. Not just a day one right to request it (that happened in 2024), but a shift in who carries the burden when a request is refused.

If you employ staff in the UK, this matters. The changes coming from Autumn 2026 into 2027 will affect every flexible working policy, every refusal process, and every line manager who has ever turned down a request with a vague reference to "business needs".

This guide covers what the ERA 2025 actually says about flexible working, what is changing, and what you need to do now. If you want guidance on the current request process, read our guide to flexible working requests under the 2026 rules. This article focuses on what is coming next.

Flexible Working Default Right Employer 2026: What Is Actually Changing?

The ERA 2025 does not make flexible working an automatic entitlement. That is a common misunderstanding. The government's original Make Work Pay plan described flexible working as a "genuine default", and that language has caused confusion. What the Act actually does is strengthen the obligations on employers when refusing a request.

Here is the core change: under the new provisions, employers will only be able to refuse a flexible working request if it is reasonable to do so on one of the eight statutory grounds.

Under the current rules, employers can refuse a request by citing one of the eight statutory grounds, and that is largely the end of the matter. There is no explicit requirement to demonstrate that the refusal is reasonable. The employer picks a ground, communicates the decision, and unless the employee can show the process was flawed or discriminatory, the refusal stands.

Under the ERA 2025 changes, employers will need to:

State the specific ground(s) for refusal from the eight statutory reasons
Explain in writing why they consider the refusal reasonable on that ground
Demonstrate they have genuinely considered the request and explored alternatives

The burden shifts. Instead of the employee proving the refusal was unreasonable, the employer must prove it was reasonable. That changes how tribunals will assess flexible working disputes.

The 8 Statutory Refusal Reasons: What Stays and What Tightens

The eight statutory grounds for refusing a flexible working request are not changing. They remain:

The burden of additional costs
An inability to reorganise work among existing staff
An inability to recruit additional staff
A detrimental impact on quality
A detrimental impact on performance
Detrimental effect on ability to meet customer demand
Insufficient work for the periods the employee proposes to work
Planned structural changes to the business

What is changing is the standard employers must meet when relying on them.

The New Reasonableness Test

Simply naming a ground is no longer enough. The employer must explain:

What the specific impact would be. "It would affect business needs" is too vague. You need to articulate the actual impact: which customers would be affected, which tasks cannot be covered, what the measurable cost would be.
Why that impact makes refusal reasonable. Even if there is a genuine impact, the employer must show the refusal is proportionate. If an employee requests to work from home on Fridays and the only impact is rescheduling one meeting, a tribunal is unlikely to find refusal reasonable.
What alternatives were considered. Did you explore a trial period? A modified version of the request? A different arrangement achieving a similar outcome? If the answer is no, the refusal looks weaker.

The practical effect: employers can no longer rely on blanket policies to refuse requests. "We do not allow remote working" will not survive scrutiny unless the employer can demonstrate, for each individual request, why refusal on a specific statutory ground is reasonable.

How This Differs from the Current Rules

Understanding the gap between now and the incoming changes is essential for planning.

What employers must do now (since April 2024):

Accept flexible working requests from day one of employment
Allow two statutory requests per 12-month period
Respond within two months (reduced from three)
Consult with the employee before refusing
Not require the employee to explain the impact of their request on the business

What employers will need to do under the ERA 2025 changes:

Everything above, plus:
Refuse only where it is reasonable to do so on one of the eight grounds
Provide a written explanation of which ground applies and why refusal is reasonable
Document the decision-making process in detail
Follow any procedural requirements set out in secondary legislation (details pending from the government consultation)

Many employers currently handle refusals with a short letter citing one of the eight reasons and little elaboration. That approach will not meet the new standard.

Timeline: When Do the Changes Take Effect?

Here is what we know as of April 2026.

Confirmed:

The ERA 2025 received Royal Assent on 18 December 2025
The government has stated these provisions will come into force from Autumn 2026 into 2027
A consultation on "Improving access to flexible working" runs until 30 April 2026

Awaiting secondary legislation:

The exact commencement date
Specific procedural steps employers must follow when refusing (the "light touch process" referenced in the consultation)
Updated Acas Code of Practice on flexible working
Whether additional requirements beyond the reasonableness test will be introduced

The consultation proposes a structured but not overly burdensome refusal process, including holding a meeting with the employee and providing a written outcome with detailed reasoning. The language throughout is "light touch", signalling proper consideration rather than extensive bureaucracy. However, "light touch" in legislation often translates to "document everything properly".

Based on the consultation timeline, the most likely scenario is: government response in Summer 2026, draft regulations published shortly after, provisions in force late 2026 or early 2027.

Flexible Working Refusal Reasons 2026: Building a Compliant Process

Here is a practical framework for handling requests under the new standard.

Step 1: Receive and Acknowledge

When a statutory flexible working request arrives, acknowledge it in writing. Record the date, as this starts the two-month response clock.

Step 2: Consider Genuinely

This is where the new rules bite. Genuine consideration means reviewing the specific request against the employee's role, assessing the actual (not hypothetical) impact, considering whether the request could work in full or in part, and exploring alternatives.

Do not start from a position of refusal and work backwards to justify it. Tribunals are good at spotting that pattern.

Step 3: Consult the Employee

Meet with the employee to discuss the request. Use this meeting to understand their reasons, discuss practical concerns, explore modifications or trial periods, and identify reasonable adjustments.

Step 4: Decide and Communicate in Writing

If refusing, your written response must include: which of the eight grounds applies, the specific factual basis for refusal, why you consider the refusal reasonable, what alternatives were considered, and the employee's right to appeal.

Step 5: Document Everything

Keep records of the original request, your assessment, the consultation meeting, your decision and reasoning, and follow-up correspondence. This documentation is your defence if the refusal is challenged.

What Employers Should Do Now

1. Audit Your Current Policy

Does your flexible working policy reference the day one right, set out the eight refusal grounds, include a consultation step, require written reasoning, and provide for appeal? If any of these are missing, update now. Do not wait for the exact commencement date.

2. Train Line Managers

Most requests are handled by line managers, not HR. Under the new rules, a badly worded refusal could expose the business to a tribunal claim. Training should cover the eight grounds, how to assess requests properly, written reasoning requirements, and how to explore alternatives before refusing.

3. Review Your Refusal Templates

If you use template letters for flexible working refusals, they need updating. Under the current rules, a template citing "detrimental impact on quality" might be sufficient. Under the new rules, each refusal needs specific, factual reasoning tied to the individual request.

4. Build in Trial Periods

Agreeing to a trial period shows genuine consideration, gives you evidence if the trial does not work, and demonstrates reasonableness. If you are not already using trial periods, add them to your process.

5. Monitor the Consultation

The government consultation closes 30 April 2026. The response will clarify exact procedural requirements. Follow our ERA 2025 employer checklist for updates as new guidance is published.

How This Connects to Other ERA 2025 Changes

The flexible working provisions sit within a broader pattern of the ERA 2025 strengthening employee rights.

Zero hours contract restrictions (also Autumn 2026): workers gain the right to guaranteed hours after a qualifying period. Read more.
Day one unfair dismissal rights (2027): removal of the two-year qualifying period, making it harder to dismiss employees who exercise their flexible working rights.
For the full picture, see our comprehensive ERA 2025 employer guide.

Taken together, these changes mean employers need robust, documented processes across all areas of the employment relationship.

Update Your Flexible Working Policy Before Autumn 2026

The ERA 2025 flexible working changes are not cosmetic. The reasonableness test, documentation requirements, and procedural obligations represent a genuine increase in what employers must do. The employers who prepare now will handle the transition smoothly.

Update your flexible working policy now before the Autumn 2026 changes. The EmployerKit Audit checks your current policy against the new requirements. From 49 GBP. Visit employerkit.com/tools/employerkit-audit.

FAQs

Q: Is flexible working becoming an automatic right for all employees in 2026?

A: No. Every employee already has the right to request flexible working from day one (since April 2024). What is changing is that employers will need to demonstrate any refusal is reasonable, rather than simply citing one of the eight statutory grounds. This is a significant strengthening, but it is not an automatic entitlement.

Q: Can I still refuse a flexible working request under the new rules?

A: Yes. The eight statutory grounds remain unchanged. What changes is the standard you must meet. You will need to state which ground applies, explain the factual basis, and demonstrate why refusal is reasonable. A well-reasoned, documented refusal on legitimate business grounds will still be lawful.

Q: When exactly do the new flexible working rules come into force?

A: The government has indicated Autumn 2026 into 2027, but the exact date has not been confirmed. The consultation closes 30 April 2026, with secondary legislation to follow. We will update this guide when the date is confirmed. Prepare as though changes could take effect from October 2026.

Q: Do I need to update my flexible working policy now?

A: Yes. Even under current rules, best practice already aligns with much of what the ERA 2025 will require. A policy that includes proper consultation, written reasoning, and decision documentation will put you ahead. Waiting creates unnecessary risk.

Q: What happens if I refuse without proper reasoning?

A: Under current rules, the maximum penalty for mishandling a request is eight weeks' pay (approximately 5,600 GBP). However, if a refusal amounts to indirect discrimination (for example, disproportionately affecting women or disabled employees), compensation is uncapped. The ERA 2025 changes will likely make it easier for employees to challenge poorly reasoned refusals.

Q: Does this apply to all employers regardless of size?

A: Yes. There is no small business exemption. However, the government consultation is exploring support for smaller employers, and a tribunal assessing reasonableness would likely consider business size and resources as a relevant factor.