Flexible working has become one of the most important workplace issues of the last decade. What began as a benefit offered by progressive employers has evolved into an expectation for many employees, and the law is continuing to move in the same direction.
The latest development comes in the form of a new Acas consultation on an updated statutory Code of Practice for flexible working requests. While the proposed changes are not expected to take effect until Autumn 2027, they provide a clear indication of how employers will be expected to approach flexible working in the future.
The message is simple: employers will need to do more than simply rely on business reasons for refusing requests. The focus is increasingly shifting towards meaningful consultation, evidence-based decision-making and collaborative problem-solving.
Why is Acas rewriting the Code?
The revised Code is designed to support the next phase of flexible working reforms under the Employment Rights Act 2025.
Acas has recognised that the current Code no longer reflects the evolving expectations of employees, employers and the Government. As more organisations adopt hybrid and flexible working models, the emphasis is moving away from whether flexible working can be accommodated and towards how employers can reasonably explore options before reaching a decision.
The draft Code reflects the government’s intention that employers should engage more constructively with requests and demonstrate a more thoughtful approach when flexibility may not be possible.
For employers, this means that process is likely to become just as important as outcome.
The four new principles
At the heart of the draft Code are four key principles that Acas believes should guide every flexible working request.
- Decisions based on evidence
Employers should be able to demonstrate why a request would create genuine difficulties for the business.
Rather than relying on assumptions or broad statements, organisations should gather evidence to support their position. For example, if a proposed arrangement would negatively impact customer service, productivity or team collaboration, employers should be able to explain how and why.
A decision supported by evidence is far more likely to be viewed as reasonable than one based on general concerns.
- Adapting where possible
The draft Code encourages employers to consider whether adjustments could be made to accommodate a request.
The question should not simply be “Can we approve this request?” but rather “Can we make this work in some form?”
This may involve trial periods, amended working patterns, hybrid arrangements or alternative proposals that help balance business operations with employee needs.
- Working together
One of the most significant themes running through the consultation is collaboration.
Employees and employers should engage in open discussions about the request, potential obstacles and possible solutions.
Rather than treating flexible working as a formal application process, employers are encouraged to view it as a conversation.
This approach not only reduces legal risk but can also strengthen engagement and trust within the workforce.
- Transparency and consistency
Consistency remains one of the biggest challenges for employers.
A flexible working arrangement approved for one employee may raise questions when another request is refused.
The updated Code places greater emphasis on clear communication, transparent reasoning and treating similar situations consistently.
Employers should be able to explain not only why a decision was reached, but also why it aligns with previous decisions across the business.
Why “business needs” alone may no longer be enough
Historically, many employers have relied on statutory business grounds when declining flexible working requests.
While those grounds remain available, the draft Code suggests that simply citing “business needs” may no longer be sufficient on its own.
Tribunals and employees are increasingly likely to expect employers to demonstrate:
- That they considered the request properly
- That they consulted with the employee
- That alternative solutions were explored
- That the decision was supported by evidence
- That the process was fair and consistent
In practice, this means employers may need to spend more time documenting their decision-making and recording the steps taken before reaching a conclusion.
The legal justification behind a refusal remains important, but so too does the journey taken to get there.
Common mistakes employers make when refusing requests
Many disputes arise not because an employer refused a request, but because of how the request was handled.
Some of the most common mistakes include:
Failing to consult properly
Rejecting a request without meaningful discussion can create significant risk. Employees should be given the opportunity to explain their proposal and discuss potential alternatives
Relying on assumptions
Statements such as “that won’t work” or “we’ve never allowed that before” are unlikely to be persuasive if challenged.
Applying inconsistent standards
Inconsistency can undermine trust and increase the risk of discrimination claims.
Failing to explore alternatives
Even if the exact request cannot be accommodated, employers should consider whether a modified arrangement could work.
Poor record keeping
A lack of written records can make it difficult to demonstrate that the request was handled reasonably.
Preparing for the autumn 2027 reforms now
Although the final version of the Code is not expected to come into force until 2027, waiting until the last minute could leave businesses on the back foot.
Forward-thinking employers should use the next 12 months to review existing processes and identify any gaps.
Areas to consider include:
- Flexible working policies
- Manager training
- Consultation processes
- Record-keeping procedures
- Decision-making frameworks
- Internal guidance documents
Employers that embed these principles early are likely to find the transition far easier when the reforms arrive.
Practical checklist for HR teams
Before the new Code comes into force, ask yourself:
- Is our flexible working policy up to date?
- Do managers understand how to handle requests?
- Do we consistently consult with employees before making decisions?
- Can we evidence the reasons behind refusals?
- Do we explore alternative arrangements where possible?
- Are similar requests being treated consistently?
- Are our decisions properly documented?
- Could our current process withstand scrutiny in an Employment Tribunal?
If the answer to any of these questions is “no”, now may be the right time to review your approach.
Final thoughts
The proposed Acas Code reflects a broader shift in workplace culture and employment law.
Flexible working is no longer viewed as an exception. Increasingly, it is becoming part of how modern businesses operate.
Employers will still be able to refuse requests where there are legitimate business reasons for doing so. However, the expectation is likely to be that those decisions are reached through a fair, evidence-based and collaborative process.
Businesses that embrace that approach now will be better positioned for the reforms ahead and more likely to retain and attract talent in an increasingly competitive employment market.
Need advice on flexible working?
Whether you’re reviewing policies, managing complex requests or preparing for the next wave of employment law reforms, Refreshing Law can help.
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We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.
lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law
