Flexible Working Law Changes: What Employers Must Do Differently in 2027

Flexible working is no longer a perk. It is becoming a core part of how employment works in the UK.

Many employers have already adapted since the introduction of day one flexible working requests in 2024. But further changes are coming in 2027, and they will make it harder to refuse requests and more important to justify decisions properly.

For businesses, this is not just about policy. It is about how decisions are made, communicated, and recorded.

Flexible Working Is Moving Towards Expectation

The direction of travel is clear. Flexible working is shifting from something employees ask for, to something employers are expected to actively consider as standard.

While the legal right remains a “request”, the ability to refuse is tightening. Employers will need to show that refusals are reasonable and based on genuine business grounds.

There is also growing expectation around transparency. If you refuse a request, you will need to clearly explain why and demonstrate that your reasoning is fair.

Consultations are already exploring how to improve access to flexible working and how refusal processes should be handled.

What Will Change in Practice

The biggest shift is not necessarily in the law itself, but in how it is applied.

Employers will need to:

• Take requests seriously from the outset

• Consider alternatives rather than simply rejecting

• Document decision making clearly

• Ensure consistency across the business

This means informal decisions or quick “no” responses will no longer be enough.

Managers will need to understand both the process and the reasoning behind decisions.

Why This Creates Risk for Employers

Flexible working requests often sit in a grey area.

It is easy for decisions to feel inconsistent, especially across different departments or managers. One team allows hybrid working, another does not. One request is approved, another similar one is refused.

This is where problems begin.

If an employee believes they have been treated unfairly, this can lead to grievances or even tribunal claims.

With wider employment law changes increasing employee rights, these risks are only growing.

The Role of Managers Is Critical

Most flexible working requests are handled at manager level.

That means your managers need to be confident in:

• Assessing requests

• Considering business impact

• Communicating decisions

• Recording outcomes

Without this, even well-written policies will not protect the business.

Training managers is one of the most effective ways to reduce risk in this area.

Reviewing Your Current Approach

Many businesses already have a flexible working policy, but that does not mean it is fit for what is coming.

Now is the time to review:

• How requests are handled in practice

• Whether decisions are consistent

• How outcomes are documented

• Whether managers understand the process

Small gaps now can become bigger problems later.

Flexible Working Is Also an Opportunity

While much of this conversation focuses on compliance, there is also a positive side.

Handled well, flexible working can:

• Improve retention

• Attract better candidates

• Increase engagement

• Reduce absence

The businesses that get this right will not just avoid risk. They will build stronger teams.

Getting Ready for 2027

Preparation does not need to be complicated.

Start with a review of your current process. Make sure your managers understand their role. Ensure decisions are clear and consistent.

👉 If you need HR advice in Kent or support reviewing your policies, Swan HR can help you build a flexible working approach that works for your business.