Flexible Working Refusals Are Rising. Here's What the Data Reveals and What's Changing

A new report from Pregnant Then Screwed makes for uncomfortable reading. Since the Employment Relations (Flexible Working) Act came into force in April 2024, flexible working refusals have not fallen. They have risen. For the groups who need flexibility most.

Single parents have seen a 109% increase in rejections. Disabled mothers, 65%. And the consequences go beyond disappointment. 8% of single parents and 10% of parents with a disability have left their jobs following a refusal. These are not abstract statistics. These are people pushed out of employment because an employer said no and faced very little challenge in doing so.

How did we get here?

The 2024 Act was a genuine step forward. It gave employees the right to request flexible working from day one, removed the previous 26-week service requirement, and allowed two statutory requests in any 12-month period. On paper, stronger protections. In practice, refusals are climbing.

Employers can still reject a flexible working request on one of eight statutory business grounds, including cost, performance impact, or inability to reorganise work. The legislation changed who could ask and when. It did not fundamentally change an employer's ability to say no.

What is changing in 2027?

The Employment Rights Act 2025 will raise the bar for refusals, expected to take effect from 2027. The eight business grounds remain, but employers will only be able to refuse if their decision is considered reasonable. They will also be required to explain their decision in writing.

That matters. Right now, employers can refuse without having to justify whether that refusal is proportionate. From 2027, a vague preference for office presence is unlikely to be enough. They will need to demonstrate a legitimate operational reason and show they have genuinely considered alternatives.

It is progress, but 2027 is a long way away for anyone navigating a refusal right now.

What can you do if your request has been refused?

If your flexible working request has been turned down, the first thing to check is whether the employer followed the correct process. They must consult with you before refusing and complete the process within two months. A refusal must cite one of the eight statutory grounds.

If they have not followed the process, or the reason given does not hold up, you have options. That might mean challenging the decision internally, raising a grievance, or understanding whether the refusal could amount to indirect discrimination, particularly if you are a parent, carer, or disabled employee.

You should also look at whether the employer has allowed comparable colleagues to work flexibly. Inconsistent application creates significant discrimination risk, and it is worth knowing where you stand before you decide how to respond.

Where to get support

Navigating a flexible working refusal on your own is stressful, especially when you are already managing the pressures that made you need flexibility in the first place. If you are not sure whether the reason given stacks up, or you want to understand your options before taking any next steps, I can help.

Book a session here to talk it through or you need help to grasp it or challenge it in preparation for an appeal, or download my Flexible Working Toolkit for practical guidance on understanding your rights and preparing your request. If you are dealing with maternity-related issues alongside a flexible working refusal, my Maternity Toolkit explains the support available and how to challenge unfair treatment.