Although the reforms are not yet final, the direction signals a process where refusals will require stronger justification and a more structured decision-making process.
What is changing
Under the current framework, employers can refuse a flexible working request by relying on one or more statutory business reasons, such as additional costs or negative operational impact.
The proposals introduce an additional requirement. Employers may need to:
- Consult with the employee before refusing a request by following a previously undefined process
- Explain why the refusal is “reasonable”.
Without this, employees could challenge decisions before an Employment Tribunal.
As things stand, there is limited guidance on what “reasonable” will mean in practice. This is likely to evolve following the consultation. However, employers should expect greater scrutiny of both the decision itself and the process followed, particularly where requests are refused without clear evidence or consultation.
Why employers should pay attention
These changes are likely to be felt most acutely by smaller businesses and those without dedicated HR support. While employers will still be able to refuse requests, doing so is likely to require more time, care and evidence.
Dealing with these requests may require:
- Clearer internal processes
- More consistent and well-reasoned decision-making
- Stronger documentation of business reasoning.
Practical steps employers can take now
While awaiting final legislation, employers should consider early preparation:
- Review flexible working policies
- Ensure consultation steps are defined
- Train managers on handling requests
- Document decision-making clearly.
Early action can help reduce legal risk and minimise future disruption.
How TWM can help
At TWM Solicitors, we advise employers on managing workplace change and evolving regulatory developments.
Our Employment team can help you review policies, strengthen procedures, and provide clear, practical guidance tailored to your organisation.
To discuss how these proposals may affect your business, please contact our Employment team.
