UK Employment Rights Act 2025: Changes to Flexible Working Requests and Tips for Employers

The UK Employment Rights Act 2025 (the ERA 2025) does not create an automatic right to work flexibly, but it will make it harder for employers to refuse flexible working requests.

For employers more familiar with US-style discretion around work accommodations, the UK process is more formal. Eligible employees can make a statutory (i.e., official) request to change their working arrangements, and employers must deal with that request within the UK legal framework.

The key practical shift under the ERA 2025 is that employers will need to justify why refusing a flexible working request is reasonable and explain this to the employee. Employers will still be able to refuse requests where there is a genuine business reason for doing so. However, standard-form refusals, or decisions based on assumption rather than evidence, are likely to become harder to defend.

This will be particularly relevant for employers operating return to office mandates. A general requirement to attend the workplace may be part of the employer’s operating model, but it should not be treated as an automatic answer to a statutory flexible working request. Employers will need to consider the individual request, the role, the business impact and whether any alternative arrangement could work.

This means employers will need better evidence before saying no. For example, if an employer refuses a request because it cannot reorganise work among existing staff or recruit additional staff, it may need to show that those options were properly explored. That could include speaking to other team members about possible cover arrangements or considering whether additional recruitment is realistic.

Similarly, if a request is refused because of a predicted negative impact on quality, performance or customer service, the employer should be prepared to explain the evidence for that view. Where there is little or no previous evidence, a trial period may be a sensible way to test whether the proposed arrangement would cause the business difficulty anticipated.

In addition to the practical shift, the changes also increase litigation risk. An employee may complain to an Employment Tribunal if the statutory rules are breached. The Tribunal may award up to eight weeks’ pay and require the employer to reconsider the request. An unreasonable refusal could also assist wider claims, particularly claims of discrimination.

The UK Government has indicated that the flexible working changes will come into force in 2027. Specific rules on consultation before refusing a request are also expected, but we await further details on this aspect.

As implementation of the changes approaches, we have put together a few top tips for employers:

1. Review Policies

Employers should review flexible working policies to reflect the requirement to explain why any refusal is reasonable. Policies should make clear that requests will be considered individually, consultation will take place where appropriate and decisions will identify both the business reason and the evidence relied on.

2. Train managers to avoid knee-jerk refusals

Line managers are often the first people to assess whether a proposed working pattern is workable. They should be trained to avoid immediate refusals based on preference, or concern about precedent. For example, if a manager believes a request will affect performance, they should be able to explain why and point to supporting evidence.

3. Evidence the business reason before saying no

Employers should be ready to show how the relevant business reason applies in practice. General statements such as “this will affect performance” or “we cannot reorganise the team” may not be enough. The decision-maker should be able to explain what impact is expected, why it matters, what alternatives were considered and why those alternatives were not workable.

4. Use trial periods where impact is uncertain

Where the business impact of a request is uncertain, a trial period may help test whether the arrangement works in practice. This may be particularly useful where an employer is concerned about quality, performance or team coverage, but does not yet have evidence that the proposed arrangement would cause a problem.

5. Avoid one-size-fits-all decisions

Employers should avoid blanket assumptions, such as “this role cannot be done flexibly”, “we cannot allow Fridays off” or “our return to office policy does not permit exceptions”. Flexible working does not only mean homeworking or compressed hours. It may include adjusted start and finish times, job-sharing, hybrid working or other changes to working patterns. Each request should be considered on its own facts.

6. Show your workings

Good records will be essential. Employers should keep a clear note of the request, the consultation process, the business reasons considered, the evidence relied on, any alternatives explored and the reasons for the final decision. If the refusal is later challenged, those records may be critical in showing that the employer acted reasonably.

If you have any questions relating to flexible working requests in the UK, please reach out to your Vedder contact and watch for more updates on the implementation of the ERA 2025.