Flexible working requests: the new reasonableness test and what it means for hybrid tech roles

Flexible working is already a feature of most tech hiring. Candidates ask about hybrid patterns before they ask about the tech stack, and a rigid office policy can cost you an offer. The government's planned changes to how requests are handled will put more weight on the reasoning behind a refusal. Acas has now published a draft Code of Practice that shows what that will look like.

What is changing, and when

The Employment Rights Act 2025 provides that an employer may refuse a flexible working request only where it is reasonable to do so, and requires the employer to explain why it considers the refusal reasonable. The draft Code, which Acas issued for consultation on 1 October 2026, sets out how to reach and communicate that decision.

The consultation closes at 11:59pm on 17 December 2026. The legal changes and the revised Code are expected to take effect together in autumn 2027, subject to Parliamentary process. Until then, the current Code of Practice and the current rules continue to apply, so there is nothing you need to do differently today other than prepare.

The reasonableness test in practice

The draft Code sets out four principles for reaching a reasonable decision: base it on evidence, consider whether you can adapt to make the request work, look for solutions together with the employee, and be transparent and consistent. In practice that means a refusal built on a general preference for the office is unlikely to be enough. You will need to be able to show what the evidence says about the role.

You will also need to explain your reasoning. Acas says employers should clearly explain their decision, and any appeal needs to be finished inside the existing two-month decision period.

Consulting before you refuse

The draft Code also covers the consultation steps. Unless you accept a request in full, you will have to follow them before refusing: preparing for the discussion, holding a meeting with the employee, and following up afterwards. The detail of the mandatory steps is to be set out in regulations, so watch for those as well as the Code itself.

For hiring managers this is a change of habit more than of paperwork. A quick no by email is the pattern that will stop working.

What it means for hybrid tech roles

The draft lists hybrid working as one example of flexible working, alongside flexitime and compressed hours. It does not contain hybrid-specific guidance, so apply the same tests to a request to work from home two days a week as to any other.

Hybrid is common in our sector. ONS data from autumn 2024 shows 28% of working adults in Great Britain were hybrid working, and a business survey from December 2023 found the information and communication industry had the highest share of businesses with hybrid arrangements. For software, data and cloud teams, much of the work can be done remotely, which makes a refusal harder to justify on evidence alone.

A sensible preparation list for the next twelve months:

• Write down what each role genuinely needs in the office, such as hardware access, security requirements or team days, and why.
• Agree who decides on requests and how they record their reasons.
• Brief managers on holding a consultation meeting rather than replying by email.
• Make your policy consistent across teams, so similar roles get similar answers.
• Respond to the Acas consultation by 17 December if you want a say in the final wording.

The same planning helps you hire. Candidates compare employers on flexibility, and a clear, fair policy is easier to explain at offer stage. Our article on hybrid working covers what we see on the candidate side.

This article is general information, not legal or tax advice. Take advice on your own circumstances.

Sources: Acas, consultation on the draft Code of Practice on requests for flexible working (1 October 2026); Employment Rights Act 2025 on legislation.gov.uk; ONS, Who are the hybrid workers? (11 November 2024).