Flexible working requests: why a "no" will soon need a conversation

Flexible working has moved from a perk to an expectation for many professionals, and the government has now signalled that employers will need to take requests more seriously than ever. Here's what's been announced!

What's been announced

Speaking at the TUC conference in Brighton on 15 September 2026, First Secretary of State Louise Haigh said that employers turning down flexible working requests must sit down with the employee, properly consider the request and explain why. Her message was that while not every role can be done from home, and not every request can be agreed, "every request can be taken seriously." 

The government intends to strengthen the legal interpretation of fair consideration so that refusing a request is not a box-ticking exercise. Its consultation on the proposed changes described a more collaborative approach to discussing changes to working patterns, including a new reasonableness test for accepting or rejecting requests and a greater onus on employers to justify a refusal. 

It's worth being clear about what this is and isn't. The existing right already requires consultation before a refusal and a decision within two months, so this is a tightening of what proper consideration means in practice rather than an automatic right to work from home. 

When will it happen?

Some reports suggest the changes are due to take effect in 2027, but the commencement date and the legislation that will carry the change have not yet been confirmed, so employers should watch for draft regulations before planning around a specific date.

A divided response

Reaction has split along familiar lines. TUC general secretary Paul Nowak described flexible working as a lifeline and welcomed the move, while shadow chancellor Andrew Griffith criticised it as a "shirkers' charter" and more red tape for business. 

Many employees, meanwhile, already expect this kind of engagement. Research from video conferencing company Owl Labs found that 68% of employees felt their employers could offer more flexibility. 

What this means for hiring

From where we sit as recruiters, flexibility is already one of the first things candidates ask about, often before salary. The proposed changes reinforce a simple point: the way a business handles flexibility is part of its employer brand.

Employers who are clear about what flexibility a role can offer, and why, tend to attract stronger shortlists and have fewer difficult conversations later. Those who leave it vague risk losing good candidates at offer stage, or facing requests shortly after someone starts that a clearer brief could have anticipated.

Things to think about if you are an employer

Review your flexible working policy. Check that it reflects the current rules and leaves room for the more structured conversation the government is proposing.

Equip your line managers. Most requests land with a manager rather than HR. Make sure they know how to hold a constructive meeting, what counts as a genuine business reason, and how to record their reasoning.

Think about flexibility before you advertise. Deciding upfront what a role can realistically offer (hybrid patterns, core hours, compressed weeks) makes job adverts clearer and reduces friction later.

Be honest in your job adverts. If a role needs to be office-based, say so and explain why. Candidates respect clarity far more than surprises at interview.

Keep an eye on the detail. Until the regulations are published, the specifics may change. Take employment law advice where you need it.

For candidates

If flexibility matters to you, it's reasonable to raise it during the hiring process, and to expect a genuine conversation if you make a request once you're in post.

Talk to us

Whether you're hiring and want to understand what candidates in your market expect, or you're looking for a role that fits around your life, the Huntress team is happy to help. 

Get in touch to start the conversation.