Acas consults on updated Code of Practice for flexible working requests

We are highlighting a new Acas consultation on proposed changes to the Code of Practice for handling requests for flexible working. Employers, employees and organisations are invited to share their views before the consultation closes on 17 December 2026.

What is changing?

Acas is consulting on an updated statutory Code of Practice to reflect changes introduced by the Employment Rights Act 2025. The changes are expected to come into effect in autumn 2027.

Under the proposed changes, employers will need to consult with an employee before refusing a flexible working request, following the steps set out in law. Employers will only be able to refuse a request where there is a valid business reason and it is reasonable to do so. They will also need to explain why their decision is reasonable.

Flexible working can include changes to working hours, working patterns or the place of work. Examples include part-time hours, working from home, hybrid working, flexitime, compressed hours and job sharing.

What does the draft Code cover?

The updated draft Code aims to help employers and employees discuss flexible working requests fairly, consider different options and reach practical solutions.

It sets out four key principles for employers when making decisions:

• Use evidence: consider the facts and the impact of the request on the business.
• Explore different options: consider whether changes could make the request possible.
• Work together: discuss concerns with the employee and look for solutions.
• Be clear and consistent: explain decisions openly and treat requests fairly.

The draft also provides guidance on consulting employees before refusing a request, handling multiple requests and considering requests that may involve reasonable adjustments for disabled employees.

The guidance recognises that each workplace is different. Employers will need to consider their organisation's circumstances, resources and operational needs when assessing requests.

Why is the consultation important?

Flexible working can help people balance work with other responsibilities and support their wellbeing. It can also help employers recruit and retain staff and make better use of people's skills.

The consultation gives employers, employees, trade unions, representative organisations and others an opportunity to comment on whether the draft Code is clear, practical and helpful.

Feedback will help Acas refine the guidance before the updated Code is finalised.

How to respond

The consultation opened from 1 October 2026 and closes at 11:59pm on 17 December 2026.

You can read the proposals and submit your views using the links below:

Read the Acas consultation and draft Code of Practice
Respond to the consultation online

You can also download the consultation questions for individuals or employers and organisations from the consultation page and email your response to: consultations@acas.org.uk.

Please note: The proposed changes are not yet in force. Until the new legislation and updated Code take effect, employers should continue to follow the current Acas Code of Practice when handling statutory flexible working requests.