ACAS to update Code of Practice on flexible working to reflect upcoming changes to the law

According to a new survey by the service, nearly 8 in 10 employees (78%) said that flexible working was important in a job.

The YouGov poll asked employees about the importance of flexible working in a job and only 20% said it was not important.

The Employment Rights Act 2025 introduces new changes to the law that employers must follow if staff request flexible working.

ACAS said: “If employers are considering rejecting a request, they will have to follow a new process to first consult with their employee. An employer can only then reject a request if it is reasonable to do so.”

In light of the changes, ACAS has launched a consultation on updates to its existing Code of Practice on requests for flexible working.

The revised Code explains how and when employers should consult employees and supports both sides to have constructive conversations about what may be possible.

It helps employers reach decisions based on four principles:

• reaching decisions based on evidence 
• adapting where possible to enable a request 
• working together to find solutions 
• acting transparently and consistently 

ACAS said: “These principles are relevant to organisations of every size and sector, although 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, not to prescribe the same outcome in every workplace.”

The new changes to the law around statutory flexible working requests are expected to take effect in Autumn 2027.

Acas Chair, Baroness Maggie Jones, said: "Our poll reveals that flexible working continues to be a popular requirement for employees in a job. When it works well, it can benefit employers, staff and the wider economy.

“Acas’s updated Code will help employers and employees understand the new law, reach fair and effective decisions and prevent disputes. We are keen to get views on whether it is clear and practical.”

The consultation will close on 17 December 2026.

Lottie Winson