New Flexible Working Law 2025 Updates

Last Updated on 7 July 2025 by Rebecca Young

Have you heard of the new flexible working law 2025? The Employment Rights Bill, introduced to Parliament on 10 October 2024, is currently under review and proposes broad changes in the area of employment law, including flexible working regulations.

With the expected implementation in 2026, how you respond to employees’ statutory flexible working requests will soon need to change.

While 2024 saw modifications to flexible working law with the statutory right to request flexible working from day one of employment, employment tribunals were still unable to consider the reasonableness of a decision to refuse a flexible working request. This hid potentially unfair grounds for refusal.

The new bill seeks to amend this, making it obligatory to state the reason for refusal.

Because the new flexible working law 2025 will be a legal entitlement, preventing an employee from asserting a statutory right could result in an Employment Tribunal claim. Employers will need to provide a far more detailed response to flexible working requests, holding meetings with employees, as well as being aware of (or guided, via HR outsourcing) on the intricacies of changing employment law.

The appetite to request flexible work is likely to be large, given that the number of UK employees who can work flextime increased from 3.2 million in 2013 to around 4.2 million in 2024 alone, according to Statista.

This guide will detail everything you need to know about the new flexible working rules 2025.

Employee rights under the new Flexible Working Legislation

2025’s brand new flexible working legislation goes further than the 2024 changes from the Employment Relations (Flexible Working) Act 2023. If you’d like an in-depth recap on the ground rules and other employee regulations that currently stand, read our guide, which covers the full rules of flexible working here.

The key difference between 2024 rules and the new work laws for 2025 set out in the Employee Rights Bill is the strengthening of the consultation process.

At present:

• All employees are entitled to request flexible working from day one
• Employers shall only refuse an application due to one of eight grounds
• Employees must be consulted on the request, with a response made on the matter within two months
• Employees can make two requests within a 12-month period
• Employees are no longer required to add supplementary information to a request on how this will affect the business

With the 2025 changes to flexible working:

• Employers can only reject a flexible working request where it is reasonable to do so
• Employers must consult with the employee through a specified process (to be set out via secondary legislation)
• If an employer rejects a flexible work request, they must explain their decision to the employee

Flexible Working Law 2025 changes and employer obligations

Let’s explore the employer obligations flexible working brings with these new 2025 changes.

In short, responding lawfully to the new flexible working responsibilities falls on the employer, not the employee.

Here’s what Section 80G of the Employment Rights Act 1996 (flexible working: employer’s duties in relation to application) describes at present:

• Employers shall not refuse the application unless the employee has been consulted about the application
• The consideration period has changed from three months to two months
• Employers shall deal with the application in a reasonable manner
• Employers shall notify the employee of the decision on the application within the decision period

The employee rights flexible working brings in the new bill must also fit in with existing employee rights legislation.

For example, the Employment Rights Act 1996 still provides protection for employees from ‘suffering a detriment for making an application’, while the Equality Act 2010 protects employees with additional needs or a disability.

To approach these changes appropriately, employers should enter into discussions with an ‘open mind’, as recommended by ACAS in the Code of Practice on requests for flexible working, published April 2024: “Meetings about requests should be approached with an open mind…This includes jointly exploring alternative solutions if the original request cannot be accepted.”

Whether the final bill is made through statutory legislation or codes of practice, or a mix of both, it’s wise to ensure your business has trusted HR guidance, a plan for tribunal representation, and preparations are being made to adhere to more stringent consultation processes and record-keeping obligations.

Impact of the New Flexible Working Legislation on UK businesses

What’s the likely impact of the 2025 change in flexible working law?

The increase in approval of flexible working is designed to offer greater opportunities for a better work-life balance, ideal for parents, carers, or employees who wish to work around school hours or as a job share.

The flexible working legislation will be a significant change, but the research indicates many potential positive benefits for employers and employees.

One study reported that flexible working made 41 percent of employees feel their commute was more manageable, while a survey by the CIPD found that 75% of employers stated that offering flexible working has a positive effect on retention. In fact, a study from the World Economic forum has shown that a fifth of respondents think government policies to encourage remote working could increase the availability of talent in the coming years.

It’s also important to consider the country-wide benefits too. Employees in Sweden, for example, work an average of 1,441 hours per year. This is 18 percent less than the Organization for Economic Cooperation and Development average, however they still maintain comparable productivity levels.

However, the impact in the short term of the new flexible work law change will mean a change to many business processes.

Businesses may need to:

• Make time to respond to requests
• Have a process to document refusals or acceptances
• Regularly check and update contracts
• Prepare for physical changes to allow for different shift patterns (key cards, provisions for office space, equipment or technology licences.)

Making Statutory Flexible Working Requests seamless in your organisation

There are two kinds of flexible working agreements: an unofficial flexible working request made with a manager as an informal agreement, or a flexible working request that formalises the request contractually with legal protection.

It’s important for your organisation to handle a request legally.

• Remind employees of their rights to request flexibility, and what this flexibility could include (part-time/compressed hours, remote and hybrid working, or a job-share)
• Reiterate that there are two opportunities within a year to make a request that will involve meetings they must attend
• Tell them the steps to making a written request (email or letter) and share the ACAS code of practice on flexible working
• Reiterate the employee’s legal obligations to attend meetings. (As per the Employment Rights Act 1996, Section 80G, an application is to be treated as having been withdrawn by the employee if the employee, without good reason, has failed to attend both meetings arranged by the employer.)
• Ensure they are aware that a flexible working application must include:
  • The date of the request
  • A statement that this is a statutory request for flexible working
  • Details of how the employee wants to work flexibly
  • Details of when they wish to start
  • A statement that states when they made a previous application (if applicable), including the date of the previous request

With a new law for flexible working, employees are likely to start asking how to make a flexible working request more frequently than before. We have a very thorough guide to all the steps of a flexible working request here that you might like to read, helping you set up the meetings through to support if the employee wishes to appeal.

ACAS flexible working guidelines are also a useful resource, and you may choose to provide a template on how to make a flexible working request.

2025 Flexible Working in the UK & refusing flexible working requests

Rejecting flexible working requests isn’t something that many employers want to do. After all, 87% of people want to work flexibly, according to CIPD research.

However, in some situations, refusing flexible working requests is unavoidable. It’s important to ensure that you only use one of the eight reasons that are considered valid for refusal for the new 2025 changes to flexible work, and to weigh up flexible working pros and cons.

Document the reason in full with the date, and also provide details on how an employee can appeal the decision.

With the flexible working law changes 2025, it’s important for both parties to have copies of the documentation around the request and it’s outcome, as an employee could have a legal claim if it was agreed that the claim was handled in a discriminatory way, that they were subjected to unfair dismissal or ‘detriment’ for a statutory flexible working request, or if the rejection was not a genuine business reason.

In this case, an employee could raise their case with the employer and would likely speak to ACAS, who may wish to check that the rejection was in line with the code of practice, which could escalate to legal action.

Flexible Working Regulations in 2025 FAQs

What Are the New Rules for Flexible Working?

The flexible working rights 2025 currently proposed in Parliament will require an employer to consult with the employee in a specified process (to be set out secondary legislation) for any flexible working request and to reject a flexible working request where it is reasonable to do so, after consultation with an employee, with a explained decision if a request is rejected.

The legislation on flexible working in 2025 applies to part-time, flextime, staggered shifts, compressed hours, term-time hours, job shares, remote work, and hybrid work.

In 2025, the flexible working law change will mean that flexible working requests can only be rejected on the grounds of one (or more) of the eight existing business reasons.

Additionally, the 2025 changes will mean that if an employer wishes to reject a request, they must consult with the employee and clearly document why the decision was made.

Does an Employer Legally Have to Accept a Flexible Working Request?

After weighing the feasibility of flexible working, an employer may wish to deny a flexible work request. The 2025 flexible working changes will not mean that an employee legally has to accept a request for flexible working.

However, changes from the 2024 approach mean that employers will have obligations to follow the statutory process for considering the request, to only reject on eight valid grounds, and to explain the decision to the employee.

An employer may refuse if the request would cause the burden of additional costs, a detrimental effect on ability to meet customer demand, if there was an inability to re-organise work among existing staff, inability to recruit additional staff, a detrimental impact on quality, a detrimental impact on performance, insufficiency of work during the periods the employee proposes to work, or planned structural changes.

Can Employers Refuse Flexible Working?

The new flexible working entitlements mean a request must be documented and considered, but employers can refuse flexible working.

However, the new proposed 2025 flexible working bill builds on the Employment Relations (Flexible Working) Act 2023. That means the impact of flexible working law is likely to be flexible working requests being more readily accepted. The new rules, therefore, put the burden on the employer to explain a decision to refuse a flexible working request.

To refuse a flexible work request, ensure the reason is one of the existing eight grounds for refusal.

What is a Statutory Flexible Working Request?

A statutory request is a formal request made by an employee to change when, where or how they work. This could include a change to flexible hours, remote work, or a job share. An employee can apply in writing to their business, laying out a proposed flexible working request and the proposed start date. The employer then has two months to meet with the employee and accept or reject the proposal.

The flexible working law 2025 is still being proposed but will likely mean that a statutory flexible working request will require precise documentation from the request through to acceptance or refusal.

What Are the Benefits of Flexible Working for Employers?

Flexible working arrangements can help employees have more time to achieve a better work-life balance, boost morale and reduce time spent commuting. This could mean more time with family, or time to focus on complex tasks. One ONS study found that three benefits of flexible working included improved work-life balance, fewer distractions and quicker time to complete work.

Legislation for flexible working is in place to ensure that the benefits of flexible working are considered. This means that an employer and employee can work together to create a mutually beneficial way of working. However, employees should be cautious if the reason for flexibility would infringe on the Equality Act, for example, if an employee requests flexibility due to child care needs or a disability.

What is the Difference Between Statutory and Non-statutory Requests for Flexible Working?

Statutory requests for flexible working arrangements in 2025 are those made using the statutory Right to Request Flexible Working legislation, but it’s also possible for employees to make non-statutory requests. As described on the UK Government site, these are flexible working arrangements which are ‘regular, recurring and/or standardised, but agreed outside the statutory right to request framework.’

Based on a mutual and/or informal agreement, these can be made at any time, for example, a request to work a few days at home each week. There are still no limits on how many non-statutory requests can be made.

Can an Employer Reject Flexible Working Requests?

Based on the new 2025 law around flexible working process, rejecting a request is possible, but it must be done on the grounds of being genuine and non-discriminatory. Employers can reject flexible working requests only after meeting with an employee to discuss the flexible working request, and the reason should meet one of the eight valid reasons. While employers can reject requests in 2025, doing so may affect employee morale and retention levels. The ACAS guidance is to enter into discussions with an open mind.