ACAS Proposes a Revised Flexible Working Code. It Is Not in Force Yet

ACAS opened a consultation on a revised flexible working Code on 1 October 2026. The draft describes changes expected in autumn 2027. It is not the Code employers must follow today.

If your request has been refused, separate the existing rules from the proposed changes before deciding what to challenge. A future test cannot be treated as an obligation already in force.

What is ACAS proposing?

The draft reflects forthcoming Employment Rights Act 2025 reforms. Under the proposed framework, an employer refusing a request would need a genuine statutory business reason and would also need to show that refusing for that reason was reasonable.

The draft describes four principles for deciding whether a refusal is reasonable:

• Use evidence rather than assumptions about whether the arrangement will work.
• Consider adapting the request where that could make it workable.
• Work with the employee to look for a solution.
• Act transparently and consistently.

For example, an employer should assess the particular request and the work involved rather than assume that a type of flexible arrangement never works. That is an explanation of the draft principle, not a report of a Belonge client's experience.

The existing eight statutory business reasons would remain. They concern additional costs, reorganising work, recruitment, quality, performance, customer demand, insufficient work at the proposed times, and planned structural changes. The proposal is not a promise that every request must be accepted.

Consultation steps still need regulations

The draft discusses a meeting, seeking agreement and recording what was discussed. The government must specify the mandatory consultation steps in regulations. ACAS says it will review the Code against the final regulations.

After consultation, the Code still needs the relevant government and Parliamentary approval process. Autumn 2027 is the expected timing, not a statement that the draft has already become binding.

Do not send a letter alleging breach of these future steps as though they are the current statutory requirements.

What remains applicable now?

The 2024 ACAS Code remains in force until it is replaced. Employees can make a statutory request from the start of employment. The existing framework includes a two month decision period, unless an extension is agreed, and the requirement to consult before refusing a request.

That does not mean the detailed consultation arrangements in the 2026 draft already apply. Review the employer's response under the present rules and the applicable circumstances of the request.

Keep your written request, the refusal, the reason given, meeting notes and any agreed extension of the decision period. These documents help separate disagreement about working arrangements from a possible failure to follow the statutory process.

A disability related request needs a separate check

A request to change hours or place of work can also be a request for a reasonable adjustment under the Equality Act 2010. That duty depends on its legal conditions, including disability, disadvantage and what adjustment would be reasonable.

It is not removed or reduced by the flexible working framework. An employer cannot resolve that separate question merely by labelling a request flexible working. Equally, not every flexible working request engages the adjustment duty.

The consultation closes at 11:59pm on 17 December 2026. You can respond through ACAS if you want to comment on the draft.

Frances N.U