Acas has launched a consultation on an updated Code of Practice on flexible working, designed to help employers prepare for changes to the law expected to come into force next year.
Under changes introduced by the Employment Rights Act 2025, employers considering rejecting a flexible working request will be required to consult with the employee first. A request will only be able to be rejected where it is reasonable for the employer to do so. The new requirements are expected to take effect in autumn 2027.
The updated Acas Code sets out how employers should approach these conversations and make reasonable decisions, with four principles at its heart: using evidence, adapting where possible, working together to find solutions, and acting transparently and consistently.
The move follows wider reforms to flexible working that will place greater emphasis on how managers handle requests. As we explored recently on Make A Difference Media, preparing managers for the new flexible working rules will be critical to ensuring policy changes translate into fair and effective practice.
Flexible working remains important to employees
The consultation comes as new Acas research suggests flexibility remains a significant consideration for UK employees.
A YouGov survey of 1,020 employees in Great Britain found that 78% consider flexible working important in a job, including 45% who describe it as ‘very important’. Just 20% said it was not important.
Acas Chair Baroness Maggie Jones said the revised Code is intended to help employers and employees understand the new requirements, reach fair decisions and avoid disputes.
“When it works well, it can benefit employers, staff and the wider economy,” she said.
Greater consultation could support employee wellbeing
Responding to the updated guidance, Antonio Barradas, Regional Managing Director at Epassi, said:
“Requiring greater consultation between employers and employees around flexible working is a positive step that will encourage more meaningful conversations about what employees need to perform at their best.
“Flexible working has become a well-established expectation for many workers and plays an important role in helping people achieve a healthier balance between their professional and personal lives. With three in ten (29%) UK workers dissatisfied with their work-life balance, employers have a real opportunity to use flexibility to better support employee wellbeing, boost morale and improve the overall employee experience.
“Employers must do more to understand the diverse needs of their workforces and offer the flexibility, rewards and support employees need to balance work with the demands of everyday life. Organisations that get this right will be better placed to build a more engaged and productive workforce and retain top talent which is essential to drive growth.”
Finding solutions that work for both sides
The revised Code does not prescribe the same approach for every employer. Acas says how its four principles are applied will depend on factors including an organisation’s size, resources and operational requirements.
The changes could nevertheless require a shift in how some organisations approach flexible working requests, with greater emphasis on constructive conversations and exploring potential alternatives before deciding that a request cannot be accommodated.
The consultation on the draft Code is open until 17 December 2026, while the existing Acas Code continues to apply until the new legislation comes into effect.
Read the Acas consultation and proposed changes
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