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Acas consults on new flexible working code ahead of Autumn 2027 reforms

Acas has opened consultation on a revised flexible working code ahead of Autumn 2027 reforms, as polling shows 78% of workers value flexibility. Closes 17 December 2026.

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Why we need a new code of practice on flexible working – Acas
Why we need a new code of practice on flexible working – AcasAI-generated

Nathan Brooks

· 3 min read

UK employers will face a new statutory duty to consult employees on flexible working requests from Autumn 2027 — and Acas has opened a consultation on a revised code of practice to guide them through it. The consultation closes at 11:59pm on 17 December 2026.

Acas launched the consultation on the updated code of practice the same day it published new polling showing sustained worker demand: 78% of workers — nearly 8 in 10 — say flexible working is important in a job. The draft code, published on the Acas website, aims to help employers and employees understand the new law, reach fair decisions and stop disagreements escalating into disputes.

Writing for Personnel Today, Baroness Maggie Jones, who leads on the revision for Acas, set out why the advisory body is acting now.

What changes in Autumn 2027

Under the reforms, employers must take specific steps to consult an employee while considering their request, unless they accept it in full. The eight existing statutory business reasons for refusal remain, but employers will also need to show that refusing a request was reasonable and explain their decision.

That shifts the compliance burden. From Autumn 2027, a refusal letter citing a business reason will no longer be sufficient on its own — employers must evidence the consultation itself and the reasonableness of their conclusion.

Four principles in the draft code

The draft code supports employers to reach reasonable decisions based on four key principles:

  • Evidence-based decisions: finding and weighing relevant information rather than relying on assumptions.
  • Adapting where possible: considering whether reasonable changes could make the requested arrangement work.
  • Working together: discussing concerns and exploring modifications, alternatives or trial periods.
  • Transparency and consistency: explaining the process and the reasons for the decision.

The principles apply to organisations of every size and sector, Acas says, though how they are applied will depend on circumstances including an employer's size, resources and operational needs. The code does not prescribe the same outcome for every request.

"Some form of flexibility may be possible in many roles, but not every request will be practical in every circumstance," Jones noted.

What HR teams should do now

Acas stresses that the current code of practice remains legally binding until the reforms take effect, and employers must follow it when handling statutory requests. Its preparation advice for people teams includes:

  • Audit current practice against the existing Acas code now, rather than waiting for the legal change.
  • Prepare managers to consult, not just respond — the new law requires discussion with the employee unless the request is accepted in full.
  • Stay open-minded on adaptation: some form of flexibility can be built into almost all jobs, even where a specific request is impractical.
  • Write clear policies and procedures so managers and workers understand the process and requests are resolved fairly.
  • Anchor refusals in the statutory business reasons set out in the code.
  • Meet Equality Act 2010 obligations, including reasonable adjustments for disabled workers and avoiding unlawful discrimination.

Acas also points employers to its detailed web guidance and training on flexible working case law and practice.

The strategic stakes

For HR leaders, the consultation lands amid continued evidence that flexibility drives recruitment and retention outcomes. The 78% figure gives people teams a concrete data point for workforce planning conversations, while the 2027 deadline sets a clear timeline for overhauling request-handling processes, manager training and documentation standards.

The open question for the profession is whether the four-principle framework survives consultation unchanged — HR professionals can submit views via the Acas consultation page until 17 December 2026, and the final code's wording will shape how tribunals assess whether employer decisions were fair once the new law takes force in Autumn 2027.

Original: acas.org.uk

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