UK Employment Rights Flexible Working
The Employment Rights Act 2025 became law in December 2025, bringing significant changes to flexible working rights in the UK. If you work remotely - or want to - these changes affect how you can request flexible arrangements and how employers must respond.
Here's what you need to know.
What Changed?
Flexible working requests have been a "day one" right since April 2024, meaning you don't need to wait before asking. The new Act strengthens this further.
Key changes coming in 2026-2027:
1. Employers must prove refusals are "reasonable" - Not just that they followed the process, but that the refusal itself was justified
2. Written explanations required - Employers must explain in writing why they believe rejecting your request was reasonable
3. Tribunal scrutiny - Employment Tribunals can now assess whether a refusal was reasonable, not just whether correct procedures were followed
4. Same statutory grounds - Employers can still refuse based on the existing eight business reasons, but they must demonstrate why refusal is reasonable in your specific case
The Eight Grounds for Refusal
Employers can refuse a flexible working request based on:
1. Burden of additional costs
2. Detrimental effect on ability to meet customer demand
3. Inability to reorganise work among existing staff
4. Inability to recruit additional staff
5. Detrimental impact on quality
6. Detrimental impact on performance
7. Insufficiency of work during proposed working periods
8. Planned structural changes
What's changed is that employers must now show refusing is **reasonable** given one of these grounds - not just tick a box.
What This Means in Practice
For Remote Work Requests
If you request to work from home (fully or partially), your employer:
- Must respond within two months (reduced from three months under previous rules)
- Can make two requests per year (up from one)
- Must consult with you before refusing
- Must provide a written explanation if they say no
- Can be challenged at tribunal if their refusal wasn't reasonable
The "Reasonable" Test
This is the significant change. Previously, tribunals only checked if employers followed the correct process. Now they can examine whether the decision itself made sense.
An employer saying "we need everyone in the office for collaboration" will need to show why that's true for your specific role - not just assert it as policy.
Challenging a Refusal
If you believe a refusal was unreasonable:
1. Request the written explanation (you're now entitled to this)
2. Consider whether the stated reasons apply to your actual role
3. Check if colleagues in similar roles have different arrangements
4. If needed, raise a grievance or consider tribunal action
Compensation: The maximum award for not complying with flexible working rules is eight weeks' pay. This hasn't increased under the new Act - but the ability to challenge on reasonableness is new.
Return-to-Office Mandates
The timing of these changes coincides with many employers pushing return-to-office policies.
If your employer mandates office attendance and you want to work remotely:
1. Submit a formal flexible working request - This triggers the statutory process
2. Be specific - Request particular days at home, or full remote work, with clear reasoning
3. Document everything - Keep records of the request, response, and any discussions
4. Know you can request twice a year - If refused, you can try again with a modified proposal
The new Act doesn't give you an automatic right to work from home. But it makes blanket refusals harder to justify.
Who This Applies To
These rights apply to employees in the UK. This includes:
Full-time and part-time employees
Those on permanent and fixed-term contracts
Employees from day one (no qualifying period)
Not covered:
Self-employed contractors
Agency workers (in most cases)
Those working outside the UK (even for UK companies)
If you're a contractor or freelancer, these statutory rights don't apply - your working arrangements are governed by your contract.
Implementation Timeline
| Change | Expected date |
|---|---|
| Act becomes law | December 2025 ✓ |
| Initial provisions take effect | April 2026 |
| Flexible working rules strengthened | 2027 |
What To Do Now
If You Want to Work Remotely
Prepare your request - Be specific about what you're asking for and why it would work
Understand your role - Can your tasks genuinely be done remotely? Build the case.
Know the process - Formal requests trigger formal protections
Document everything - Written records matter if you need to challenge a decision
If You Already Work Remotely
Check your contract - Is remote work explicitly included?
Understand your status - A verbal agreement is weaker than a contractual term
Watch for policy changes - New return-to-office mandates can be challenged through flexible working requests
The Bigger Picture
The UK has one of the highest levels of home working in the world. The ONS estimates 13% of workers are fully remote and another 26% work hybrid arrangements. These legal changes reflect that reality - but they don't create an automatic right to work from home. What they do is make it harder for employers to refuse without good reason.
For remote workers, that's meaningful progress.
Sources
Employment Rights Bill Implementation Timeline - Pinsent Masons
Employment Rights Bill: Flexible Working - ACAS
GOV.UK Employment Rights Announcement