Law Society calls for clarity over government’s flexible working proposals
updated on 01 May 2026
Ellie Nicholl (she/her) is senior content and engagement coordinator at LawCareers.Net
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The Law Society of England and Wales has welcomed changes set out in the Department for Business and Trade’s recent consultation on flexible working rights, but urged that reforms must be “clear and fair for all”.
The consultation, which closed on 20 April, forms part of the government’s wider ‘Plan to Make Work Pay’ and proposes changes to how employers handle statutory flexible working requests. The government said the reforms are intended to modernise employment rights as part of efforts to build a more productive economy.
Under the proposals, a new ‘reasonableness test’ would require employers to grant flexible working requests that are both “reasonable” and “feasible”. Due to come into force in 2027, the change would require employers to consult with an employees before rejecting a request. Where a request is rejected, employers must cite one or more of the eight existing business reasons set out in legislation. Employees who believe a request has been unreasonably refused will be able to bring a claim to an employment tribunal.
Responding to the consultation, Law Society President Mark Evans said that while the organisation supports flexible working, “practical guidance and meaningful dialogue will be essential to avoiding legal uncertainty”.
For example, Evans warned that the proposals risk blurring the line between flexible working requests and employers’ separate legal duty to make reasonable adjustments under equality law, highlighting the need for clear rules to ensure employers and employees aren’t left “feeling uncertain about their rights and responsibilities”.
Evans also added: “We are also concerned that the current plan does not guarantee employees the right to be accompanied or to be able to appeal. These are important safeguards that support everyone and ensure fairness and consistency in flexible working decisions."
