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Yet another U-turn by the government over flexible working: "Here we go again"

ended 16. February 2026

THE government has done another U-turn – this time on flexible working.

It has launched a consultation, open until the end of April, on improving access to flexible working as part of its Plan to Make Work Pay. 

The proposal is to introduce a new “light-touch” consultation step if an employer thinks they might reject a request.

A new “reasonableness test” so employers would need to accept statutory flexible working requests that are reasonable and feasible.

If refusing after consultation, an employer would have to explain why the refusal is reasonable, and link it to one or more of the existing eight business reasons.

Employees would be able to challenge an “unreasonable” rejection at tribunal. If the employee wins, a tribunal could require a reconsideration and/or award compensation of up to eight weeks’ pay. 

Kate Underwood, Founder at Southampton-based Kate Underwood HR and Training, said the wording “reasonable” is not clear.

She added: "Small business owners, here we go again. Yet another U-turn, and another ‘light-touch’ idea that somehow becomes a more complicated process you’ve got to jump through. You can still say no to flexible working. But you won’t be able to say it quickly, casually, or without proper receipts. 

"If you’re thinking of rejecting, you’ll need to consult first. Then there’s this new ‘reasonableness test’, which basically nudges you towards approving anything that’s ‘reasonable and feasible’. And if you still refuse, you’ll have to explain why, tied back to one of the usual business reasons, in a way that would stand up if someone challenges it. 

“And can we talk about the word ‘reasonable’? Reasonable to who? Common sense doesn’t grow in everybody’s garden. Without a clear definition, you’re left guessing how your decision will be judged after the fact.”

Kundan Bhaduri, Entrepreneur at London-based The Kushman Group, agreed that what is “reasonable” needs to be clarified.

He added: "You still have the right to manage your business, and you still have the right to say no. But this ‘no’ must now be backed by the kind of evidence you’d present in a court of law. This is the kind of administrative hassle that we are piling on to small businesses.. 

"A short trial period would certainly not hurt before this is rolled out universally. Most small businesses do not employ an army of HR professionals and this is why it is essential that any such contravening steps taken up by the government are carefully considered from both angles. 

"It might be a crowd pleaser but will be largely ineffective if the government cannot provide clarity on what is reasonable to reject such requests."

 


 

3 responses from the Newspage community

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Editor
Kate Underwood
Founder & Chief People Strategist at Kate Underwood HR and Training
SME owners, here we go again. Yet another U-turn, and another “light-touch” idea that somehow becomes a more complicated process you’ve got to jump through. You can still say no to flexible working. But you won’t be able to say it quickly, casually, or without proper receipts. If you’re thinking of rejecting, you’ll need to consult first. Then there’s this new “reasonableness test”, which basically nudges you towards approving anything that’s “reasonable and feasible”. And if you still refuse, you’ll have to explain why, tied back to one of the usual business reasons, in a way that would stand up if someone challenges it. And can we talk about the word “reasonable”? Reasonable to who? Common sense doesn’t grow in everybody’s garden. Without a clear definition, you’re left guessing how your decision will be judged after the fact.
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Editor
Scott Gallacher
Director at Rowley Turton
We’re a small business. If someone needs flexibility, we try to make it work. Recruitment is expensive and good people are hard to replace, so accommodating reasonable requests is usually in everyone’s interest.

The issue isn’t whether we’ll act reasonably. The issue is proving it — especially after the event.

This feels less like banning ‘no’ and more like turning every decision into a paperwork exercise. Even saying yes can create risk if employee A is granted flexibility and employee B argues they weren’t treated the same. Everyone’s definition of ‘reasonable’ will differ, and unless it’s clearly defined, we risk gold-plating the rules simply to protect ourselves.

We hear a lot about the Chancellor’s growth agenda, yet employers face more cost and red tape. It’s difficult to grow your business when the government keeps moving the goalposts.
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Kundan Bhaduri
Entrepreneur, Investor and Landlord at The Kushman Group
You still have the right to manage your business, and you still have the right to say no. But this "no" must now be backed by the kind of evidence you’d present in a court of law. This is the kind of administrative hassle that we are piling on to the SME sector.

A short trial period would certainly not hurt before this is rolled out universally. Most small businesses do not employ an army of HR professionals and this is why it is essential that any such contravening steps taken up by the government are carefully considered from both angles. It might be a crowd pleaser but will be largely ineffective if the government cannot provide clarity on what is reasonable to reject such requests.