Flexible working refusals to include reasonableness test

The Government has launched a consultation on improving access to flexible working as part of its Plan to Make Work Pay.

Using powers in the Employment Rights Act 2025 (ERA 2025), the Government will introduce a new consultation process for employers to follow if they think they might need to reject a flexible working request. This will include a new “reasonableness test”, meaning that employers will have to accept statutory flexible working requests that are reasonable and feasible.

If, after consulting with the employee, an employer decides to reject a request, it will have to explain to the employee why its decision is reasonable, referring to one or more of the eight business reasons already set out in legislation and providing an explanation for the basis of its decision.

If an employee feels that their employer has unreasonably rejected a request, the employee will be able to bring a claim to an employment tribunal under the reasonableness test. The tribunal will consider the employer’s explanation, and, if it finds in favour of the employee, could:

· require that the employer reconsiders its decision

· award compensation of up to eight weeks’ pay.

The consultation seeks views on:

· a proposed new light-touch process for employers consulting with employees where a request cannot be immediately agreed

· what training, resources and support can help businesses navigate flexible working requests

· other ways to improve access to flexible working.

The Government has also launched separate consultations on measures to strengthen the current law on tipping and proposed changes to fire and re-hire protections in relation to benefits and expenses and to shift patterns.

Loading content...

Flexible working refusals to include reasonableness test - consultation

Related articles