Leadership1 publisher3 min readPublished
Acas's draft code spells out the meeting UK managers must hold before refusing flexible work
Acas is consulting until 17 December on a code for the autumn 2027 rule that UK managers meet staff before refusing a flexible working request. Employers can still say no, but only after that meeting and on the basis of evidence.
The Board Room · Leadership desk
What happened
- How the code applies will depend on a company's size, resources and operational needs, Acas said.
- A YouGov poll for Acas found 78% of workers consider flexible working important in a job, while 20% do not.
- Until the law and the new code take effect in autumn 2027, employers are to keep following the current code of practice.
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Why it matters
- decision HR teams have to choose between training managers on a draft that may be revised after 17 December and squeezing all training into the months before autumn 2027.
- cost Every intended refusal will cost at least one meeting of a line manager's time with the employee before the answer can be given.
- constraint A refusal resting only on how a role has always been done will be hard to square with a code whose first principle is deciding on evidence.
Employers keep the right to refuse. Catrin Mills, an employment partner at Sharpe Pritchard, said: "While employers will still be able to refuse requests where there is a legitimate business reason for doing so, the Employment Rights Act reforms place even greater emphasis on meaningful consultation and careful consideration before a decision is reached." [10] What the reform changes is the order of events. From autumn 2027 a manager must hold a meeting with the employee before rejecting a request, and use it to discuss alternatives and address barriers [2].
The timing is where planning gets difficult. Acas opened its consultation on 1 October and closes it at 11:59pm on 17 December 2026 [1][4], a window of 77 days, or 11 weeks [1]. The meeting duty will be introduced through secondary legislation under the Employment Rights Act [3]. The source does not include the text of that legislation. Until autumn 2027, employers are to keep following the current code [5].
Employers therefore have to pick between two training schedules. Mills said: "Employers should review their flexible working policies and update manager training now to ensure requests are handled consistently, fairly and in line with the new legal requirements." [11] The case for waiting is that the draft is still open to change. Acas wants views on whether it is "clear and practical", according to its chair, Baroness Jones [9]. Waiting, though, pushes all of the training into the months just before autumn 2027.
I think the two halves separate cleanly. The meeting before a refusal comes from the legislation [2][3]. A process that routes every intended refusal through a meeting with the employee can be built this quarter with little risk of rework. The guidance on how to consult and keep those conversations constructive [14] is the part the consultation can still rewrite.
Line managers will find the evidence standard harder. The draft's four principles are reaching decisions based on evidence, adapting where possible, working together to find solutions, and acting transparently and consistently [6]. A refusal grounded only in how a role has always been done leaves a manager with little evidence to point to. Clare McNeil, chief executive of the flexible working non-profit Timewise, said: "Our work shows that even shift-based and site-based roles have more room for flexibility than employers often realise." [12] Acas said the code's application will depend on a company's size, resources and operational needs [7].
Acas's own polling carries the retention argument. A YouGov survey for Acas found 78% of workers rate flexible working as important in a job, against 20% who do not [8]. Kate Dearden, the minister for the future of work, said that "for workers the right flexibility can be the difference between staying in a job or leaving it" [13].
What to watch
- The final code Acas publishes after the consultation closes on 17 December 2026, and whether the evidence principle survives as drafted.
- The text of the secondary legislation under the Employment Rights Act that sets the meeting duty, and its exact start date in autumn 2027.
- Whether the final code says more about how company size and resources change what a small employer is expected to do.