How the government is proposing to strengthen legislation

Preparing for the Employment Rights Bill and the new test of reasonableness

The Employment Rights Bill

The Employment Rights Bill is set to roll out in stages between 2025 and 2027. Flexible working is only one part of this reform, but the changes are significant and will reshape how requests are handled.

Key proposals

Refusals must be not only lawful but also reasonable, based on one of the eight business grounds.
Employers must follow a clear consultation process before rejecting a request.
All refusals must include a clear written justification.
Employment tribunals will review the reasonableness of the decision, not just whether the correct procedure was followed.

What this means in practice

Tribunals will no longer just check whether the process was followed. They will test whether a refusal was genuinely reasonable, which could increase the number of claims.
Case law will shape how “reasonable” is defined, so employers will need to monitor tribunal outcomes closely.
Flexibility is now expected as the norm, and refusals will need to be the exception. Employers should prepare managers for this cultural shift.

Consistency is vital. Two similar requests treated differently could expose an employer to challenge once the new rules are in force.
Flexible working reforms are part of a wider strengthening of employment rights, which also includes new carers’ leave and extended redundancy protection.

^{This doesn’t create an automatic right to flexible working, but it does reinforce the reality that flexibility is now expected as a standard term of employment.}

Preparing for the changes and other considerations

How employers should prepare

Employers should review past decisions and consider whether recent refusals would pass a “reasonableness” test, along with what evidence supports them.
Policies and procedures should be updated so they reflect the new expectations and provide clear guidance for staff.

Employers should identify potential hotspots where demand for flexibility is likely to rise, such as in teams with significant caring commitments.
Record-keeping should be strengthened so discussions, evidence considered, and final decisions are all clearly documented.
Managers should be trained to build confidence in consultation, evidence-based decision-making and managing flexible teams.

Other considerations for employers

Tribunal claims are expected to rise once “reasonableness” becomes the standard. Employers should plan for more disputes and ensure decisions are well evidenced.
Equality impacts will be closely scrutinised. Refusals that disadvantage women, carers or disabled staff are especially high risk.
Employees may increasingly see flexible working as the default. Managers will need support to explain refusals carefully and maintain trust.