February 9th 2026

By Ailsa Colquhoun

Employers urged to consult on flexible working requests

Employers are encouraged to respond to a Government consultation on flexible working requests.

The consultation introduces a new process for employers to follow or potentially face fines of up to £5,750

Workers currently have a day one right to request flexible working from their employers. Using powers in the Employment Rights Act the government will set out a new consultation process that employers must follow when they are unable to accept a statutory flexible working request.

The changes centre on a ‘reasonableness test’ which means employers must accept statutory flexible working requests that are reasonable and feasible. This is expected to come into force in 2027.

Under the proposed reasonableness test, if an employee feels that their employer has unreasonably rejected a request, they could bring a claim to an Employment Tribunal. The tribunal could:

• require that the employer reconsiders their decision
• award compensation of up to eight weeks’ pay, currently capped at £719 per week

This consultation closes on 30 April 2026. Responses can be made online