Remote red tape | Government eyes legal shift to make flexible working the default in UK workplaces

Employment law reforms under the Employment Rights Act 2025 are prompting fresh debate about flexible working in Britain, with new government proposals that could make it harder for employers to refuse requests for remote or hybrid work.

A current consultation, running until 30 April 2026, would require employers to justify refusals on the basis that they are “reasonable” and could increase legal exposure if they do not follow a prescribed process. 

Should the proposals come to fruition, they would shift the balance further towards employees. While employers would still be able to rely on one or more of the statutory business grounds for refusal – such as additional cost or detrimental impact on performance – they would be expected to consult meaningfully and explain why a refusal is reasonable.

Crucially, employees would more easily be able to challenge decisions in the Employment Tribunal. If a refusal is deemed “unreasonable”, the tribunal could order the employer to reconsider the request and award compensation of up to approximately £6,000.