ERA 2025: Flexible Working Requests — New Rules for Employers

The Employment Rights Act 2025 extends the right to request flexible working to all employees from day one of employment. Previously, workers needed 26 weeks of service. The change means a new hire can submit a request before their first month is out.

The eight business reasons for refusal remain in place. What changes is who can invoke them and when. Employers must now respond within two months and must consult with the employee before refusing. A rejection without genuine consultation is now riskier than it used to be.

In Mellow, flexible working requests are tracked from submission through to outcome. The consultation meeting is prompted, the business reason is recorded, and the decision is logged with a timestamp. If a refused request later becomes a discrimination claim — which is the most common legal route these disputes take — you have the evidence that a proper process was followed. Treat every request as potentially litigious: not because it will be, but because the paper trail costs nothing.