Calum Carson, Senior Policy Adviser, Acas Workplace Policy team
Calum Carson is a Senior Policy Adviser in the Workplace Policy team at Acas. He leads the work on revising the Code of Practice on requests for flexible working. His other specialist areas of focus are zero-hours contracts, the impact of AI in work, and the development and use of worker monitoring surveillance technology.
On 1 October 2026, Acas launched a public consultation on our draft Code of Practice on requests for flexible working.
Flexible working can help employers widen access to work, retain valuable experience and create working arrangements that respond to the needs of both their organisation and their workforce.
Although not every request can be accommodated, a clear process can help both sides:
- identify the issues
- test possible options
- understand how a decision has been reached
We want to know whether the draft Code gives them clear and practical guidance to do this.
Who we want to hear from
Changes to an Acas Code of Practice require careful consideration. We want to hear from:
- people with experience of making, considering or supporting flexible working requests
- employers
- employee representatives
- professional bodies
Their experience will help us assess whether the draft is workable across different organisations and employment settings.
Flexible working matters account for less than 1% of both the early conciliation notifications and employment tribunal claims received by Acas. But effective flexible working is about more than preventing disputes. As workplace rights evolve, the updated Code can support broader good employment relations by helping employers and employees:
- have constructive conversations
- consider requests fairly
- find practical arrangements that work for both sides
The case for change
Flexible working plays an increasingly important role in modern workplaces. It can help people balance work with caring responsibilities, disability-related needs, study or other commitments. For employers, it can support recruitment, retention, wellbeing and productivity.
As flexible working becomes more common, it is important that employers and employees have clear guidance to help them discuss requests constructively and reach fair outcomes. Acas Codes of Practice help set expectations for workplace behaviour and provide guidance on applying employment rights in practice.
The Employment Rights Act 2025 introduces changes to the statutory flexible working framework. As a result, we are updating the Code so that employers and employees have clear guidance on the new requirements and how they can work together to find practical solutions.
Proposed changes to the Code
The draft Code includes new and updated guidance in 4 main areas.
1. Reaching a reasonable decision
The draft Code provides guidance on the new requirement that an employer may refuse a request only where it is reasonable to do so. This needs to be on the basis of one or more of the existing 8 statutory business reasons.
It proposes 4 key principles to help employers reach reasonable decisions:
- base decisions on relevant evidence rather than assumptions about how the arrangement might work
- consider whether reasonable changes could enable the request or reduce any practical impact
- work with the employee to find solutions including possible modifications, alternatives or trial periods
- act transparently and consistently by explaining the process, the evidence considered and the reasons for the decision
Find out more about considering a statutory flexible working request
2. Consulting an employee
The draft Code also expands the guidance on consultation to reflect the new mandatory steps employers will be required to take before refusing a statutory request.
The government has indicated that, unless a request is agreed in full, employers will need to:
- invite the employee to a meeting
- hold it with a view to reaching agreement
- consider the original request and any suitable alternatives
- provide a written summary afterwards
The Code will also give good-practice guidance on preparing for the meeting, discussing concerns and exploring solutions. Employers should approach the discussion with an open mind and give employees an opportunity to respond to their concerns.
3. Requests that may involve reasonable adjustments
A request might relate to a disability and engage the employer’s separate duty under the Equality Act 2010 to make reasonable adjustments. The draft Code makes clear that the flexible working process does not replace or reduce that duty. Employers might need to consider the requested arrangement as a reasonable adjustment and adjust how they handle the request.
4. Managing multiple requests
Where requests affect the same times, days or work locations, the draft Code explains how voluntary discussions about existing arrangements might help enable later requests.
The Code must apply in every workplace, so it contains principles and practical guidance. It cannot prescribe the same outcome in every workplace. The law and the Code apply to employers of every size and sector, but how an employer handles and decides a particular request will depend on the individual circumstances.
Next steps
After the consultation closes, we will consider the responses and finalise the draft Code. Subject to approval by the Secretary of State and Parliament, the updated Code is expected to come into force alongside the legal changes in autumn 2027.
The existing Code will continue to apply until the legal changes and the updated Code take effect.
Whether you have experience of making, considering or supporting flexible working requests, your response can help us ensure that the final Code is clear, balanced and workable in practice.
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.