March 2026: EAT Lunch Takeaways and Employment Updates

Flexible Working 

Since the Coronavirus pandemic, hybrid and remote working has increased significantly and around 90% of employees say they would prefer to have a hybrid role. 

The way we work, and where we work, has changed significantly, and helps to support employees and create a better work-life balance. 

Who can make a flexible working request?

Every employee has the right, from day one of employment, to make a request for flexible working. However, the right is to request flexible working, NOT to have flexible working. 

An employer must consider all applications reasonably and impartially, and follow the correct process for statutory requests. 

How do you make a Statutory flexible working request?

A statutory request for flexible working must be:

• Made in writing
• Include the date of the request being made
• The change the employee is requesting
• The date the employee would like these changes to start; and
• If they have made any previous flexible working requests. 

An employee can only make two flexible working requests within a 12-month rolling period. 

If a request does not fulfil the statutory requirements above, it amounts to an informal request. 

Can an employer refuse a request?

An employer can only refuse a request on one (or more) of eight statutory grounds. These are:

• The burden of additional costs
• Inability to reorganise work amongst existing staff
• Inability to recruit additional staff
• A detrimental impact on performance
• A detrimental impact on quality
• A detrimental effect on ability to meet customer demand
• Insufficient work available for the periods the employee proposes to work
• Planned structural changes. 

What is the timescale in which requests need to be considered? 

Requests should be dealt with without any unreasonable delay. There is a statutory period of two months to deal with the whole process including any appeal. This can be extended by agreement between both the employee and employer. 

Will there be any change to flexible working requests under the Employment Rights Act 2025?

Yes. From 2027 an employer must not only state the statutory grounds on which the application is being refused but it also must provide an explanation as to why it is reasonable to rely on that statutory ground. 

What other matters should employers take into account?

Employers should bear in mind additional obligations in respect of disabled employees and their duty under the Equality Act to make reasonable adjustments.   An application for flexible working may be related to an employee’s disability. Therefore, there is a higher duty on the employer to consider adjustments that can reasonably be made to assist the employee in employment. 

Where flexible working is made by a mother due to childcare reasons, if unreasonably refused, this may lead to claims of sex discrimination.

What additional considerations are there under the Employment Rights Act 2025?

When agreeing a flexible working application, an employer should consider if it intends on making any changes to the workforce in the near future that could require a change in contract terms.  In light of the ban on fire and rehire, an employer may seek a temporary rather than permanent change, or the option of review within a set time.   

What are the penalties if an employer unreasonably refuses an application or does not follow the statutory process?

An employee can make a claim to the Employment Tribunal.  If successful, they may be awarded up to eight weeks’ pay at the statutory cap.

However, other claims may arise, such as discrimination and/or constructive dismissal. If successful, compensation takes the form of lost earnings and/or an injury to feelings award. Compensation in discrimination claims is uncapped and, from January 2027, the same will be true for unfair dismissal claims.

If you would like to include your views and comments on Flexible Working and the changes, there is currently a Government Consultation open until 11.59pm on 30 April 2026. 

If you require advice on flexible working, or any other employment matter, please contact the employment team by giving them a call on 0800 652 8373 or email [email protected].