The government has provided a response to the views shared through the 'Improving Access to Flexible Working' Employment Rights Act consultation.
The consultation sought views on mandating a process employers would have to follow when processing flexible working requests.
The BRC submitted a response to the consultation which can be found here.
The vast majority of proposals within the consultation are going to be carried forward into secondary legislation. A full outline of the new process is below.
The response will be followed by an updated draft Code of Practice on flexible working from Acas, which will be subject to consultation.
The response confirms that the provisions, alongside the reasonableness test for fairly rejecting requests and further guidance, will be introduced in Autumn 2027.
Please reach out to me on ben.george@brc.org.uk if you have any questions or reflections.
From the consultation - confirmed process to be set out in secondary legislation:
"Planned requirements for consulting employees about their flexible working request
Objective of the meeting
Employers must hold a meeting before rejecting a flexible working request to:
- Consider the feasibility of the requested arrangement and address challenges where possible and
- If the requested arrangement is not feasible, explore any suitable alternative arrangements
And the meeting shall be undertaken by the employer with the view to reaching an agreement with the employee.
Setting up the meeting
- The meeting must take place within the two-month period for making a decision
- The employer must give the employee fair and reasonable notice before the meeting
- The employee must be informed about the purpose of the meeting in advance.
During the meeting
- The employer must clearly communicate any challenges they identify with the original request, and consider potential solutions or mitigations with the employee.
- If the original request cannot be accommodated, the employer and employee must consider whether there are feasible alternative arrangements.
After the meeting
Employers will be required to provide written notification of both:
- The outcome of the meeting: a summary of conclusions or next steps agreed during the meeting, or confirmation if an arrangement has been agreed. This is not a requirement to take detailed minutes.
- The outcome of the request: the final decision made by the employer about the flexible working request, stating whether the request was approved, rejected, or if an alternative arrangement was formally agreed."
