For the past few years, most employers have treated flexible working as something to be managed rather than planned for. A request comes in, a manager weighs it up, and the answer is often "let's see how it goes." That approach is about to get a lot harder to defend.
On 15 September 2026, the Government published its response to the consultation on flexible working under the Employment Rights Act 2025. The new rules are expected to take effect in autumn 2027. That might sound a long way off, but for businesses whose office set-up only really works if everyone is in five days a week, a year is not much time to rethink things.
Here's what's changing, what it means for you, and how the right workspace can make "yes" an easier answer to give.
Employees can already ask for flexible working from their first day in a job. That hasn't changed. What changes is how you're allowed to say no.
1. Refusals must be reasonable. At the moment, you can refuse a request by pointing to one of eight business reasons set out in law, such as extra costs or an impact on performance. Those eight reasons stay. But under the new rules, you'll only be able to refuse "where it is reasonable to do so." Picking a reason from the list won't be enough on its own. You'll need to show how it applies to that particular role and that particular person.
2. You'll need to meet before you refuse. Before turning a request down, employers will be expected to meet the employee to look at whether the arrangement could work, tackle any sticking points, and explore alternatives if the original request isn't workable.
3. Decisions need to be written down. Employers will need to record the outcome of the meeting, any agreed next steps and the final decision.
None of this means every request has to be approved. It does mean every request has to be taken seriously, with evidence behind the answer.
Plenty of office policies rest on a feeling rather than a fact. A sense that people work better when they're together, or that it's harder to keep a team connected when half of them are at home.
Those feelings aren't wrong, but they're about to be tested. And staff are already sceptical. Owl Labs' 2026 State of Hybrid Work report, published in September, found that 73% of UK workers believe return-to-office policies are driven by leadership oversight and visibility. Nearly a third said their employer had changed its hybrid or remote policy in the past year.
If you want people in the office, the better question is not "how do we insist?" but "how do we make it worth the journey?" A space that's easy to get to, pleasant to work in, and set up for the things teams actually come in to do (collaborating, meeting clients, training new starters) is far easier to justify than a rule.
Office attendance is rising. Remit Consulting recorded UK office occupancy of 44.1% in the week ending 30 January 2026, the highest level its survey has recorded. Even so, that means more than half of office space is still empty on an average day, and most offices are busiest mid-week.
For many businesses, that creates an awkward mismatch. You're paying for a full-time office on a long lease, but it's only really full a few days a week. Meanwhile, the flexible working requests keep arriving, and your office may not be set up to accommodate them.
The new rules ask employers to explore alternatives before refusing a request. Your workspace can be one of the most useful alternatives you have.
At Robert Denholm House in Nutfield, businesses get furnished offices on 3-month rolling contracts, with one all-inclusive quarterly price covering rates, utilities, IT infrastructure, reception, cleaning and parking. It's set in 27 acres of Surrey countryside, a few minutes from the M25 and under three miles from Redhill station, so it works for teams travelling in from across the county.
Flexible working rules are changing, but the goal behind them is a sensible one: working arrangements that suit both the business and the people in it. The right workspace makes that much easier to deliver.
If you're reviewing how your team works ahead of 2027, come and see Robert Denholm House. Book a tour or call us on 01737 824000, and we'll talk you through the options, with no pressure and no long lease.
Because the right environment matters.
This article is for general information only and isn't legal advice. The new rules depend on further regulations and updated Acas guidance, so details and timings may change. For advice on your own situation, speak to an employment law specialist or visit Acas.