A revised Acas Code of Practice on requests for flexible working

The consultation on updates to the Acas Code of Practice on requests for flexible working is now open.

Flexible working can bring significant benefits to employers and workers. When employers and employees work together to find arrangements that work well, organisations can recruit and retain talented people, support employee wellbeing and make the best use of everyone's skills.

Changes to the law on flexible working

The law on flexible working is changing. Employers will be required to take specific steps to consult an employee before refusing their request. Employers will still be able to refuse a request for one or more of the existing 8 statutory business reasons when considering a request. But they will also need to:

• show that it is reasonable to do so
• explain their decision

The government intends to set out the detailed mandatory consultation steps in regulations. Its recent consultation outcome document set the direction on these. It indicated that employers will need to:

• invite the employee to a meeting
• hold it with a view to reaching agreement
• provide a written summary afterwards

Updating our Code in line with the changes

Our draft Code reflects this new consultation process. We'll take the eventual regulations into account as well as consultation feedback. The Code will also provide good practice guidance to help employers and employees use the consultation process effectively to explore possible solutions.

These changes will require employers to approach requests with an open mind, consider relevant evidence and explain their decisions clearly. Employees can also help make the process effective by explaining their request clearly and working with their employer to address any practical issues.

This is why Acas is consulting on an updated statutory Code of Practice on requests for flexible working. The draft Code is designed to help employers and employees understand the new law, reach fair and effective decisions, and prevent disagreements from becoming disputes.

Finding solutions that work

Flexible working will look different in every workplace. Different arrangements will suit different jobs, organisations and individuals.

Some form of flexibility might be possible in many roles, but not every request will be practical in every circumstance. Where an employer has concerns about a request, an open and constructive conversation can help both sides to:

• understand the issues
• consider the available evidence
• explore whether the request could be adapted
• reach a fair and effective decision

Relatively few disagreements about flexible working currently progress to an employment tribunal. Flexible working matters account for less than 1% of both the early conciliation notifications and the employment tribunal claims received by Acas. We want to help keep that proportion low by supporting employers and employees to address concerns early, communicate clearly and find practical solutions wherever possible.

Four principles for reasonable decision making

The draft Code supports employers to reach reasonable decisions based on 4 key principles:

• reaching decisions based on evidence, by finding and weighing up relevant information rather than relying on assumptions
• adapting where possible to enable a request, by considering whether reasonable changes could make the arrangement work
• working together to find solutions, by discussing concerns and exploring modifications, alternatives or trial periods
• acting transparently and consistently, by explaining the process and reasons for the decision

These principles are relevant to organisations of every size and sector. How they are applied will depend on the circumstances, including an employer's size, resources and operational needs.

The Code is intended to support a fair and reasonable approach. It does not prescribe the same outcome for every request or every workplace.

We want to hear from you

If you are an employer, employee, trade union, business representative group, HR professional or employment lawyer, or otherwise have an interest in flexible working and good employment relations, we want to hear from you.

In particular, we want to know whether the draft Code is clear and practical, and whether it will help employers and employees apply the new law effectively.

Until the changes to the law and the updated Code come into force in autumn 2027, employers should continue to follow the current Code of Practice when handling statutory flexible working requests.

Getting this right matters. Flexible working that works well can benefit employees, employers and the wider economy. By contributing to the consultation, you can help shape a Code that supports constructive conversations, fair decisions and better working lives.

Have your say in the consultation on the draft Code of Practice on requests for flexible working. The consultation closes at 11:59pm on 17 December 2026.