09/06/2026
When an employee asks to work from home because their kids are off school, what do you say?
Can you say no?
Do you just say yes blindly?
Not knowing all the rules is risky.
Since April 2024, flexible working has been a day one right. And, from October 2026, the rules are getting stricter still.
Here's what you need to know:
📋 The eight statutory grounds for refusal
You can only refuse on specific grounds: things like inability to reorganise work, detrimental impact on customer demand or insufficiency of work during the proposed hours.
A general preference to say no isn't one of them.
⚖️ What's changing in October 2026
The Employment Rights Act is adding a reasonableness test.
Citing a ground won't be enough on its own. You'll also need to show it was reasonable to refuse in your specific situation.
✅ Consider each request individually
A blanket summer policy isn't a legal process.
Each request has to be looked at on its own merits, with a written decision within two months.
🤝 Explore alternatives before you decline
Could it work as a trial? Could the hours be adjusted slightly?
Exploring options before refusing shows good faith and reduces your exposure.
📁 Document your reasoning
If you refuse, write down which ground applies and why it applies in this case.
If it's ever questioned, that record is what you'll need.
👥 Be fair across the whole team
Non-parents covering for parents during school holidays is a real tension point.
Treating all requests consistently, whatever the reason behind them, keeps things a lot calmer.
If you're heading into summer without a clear process for this, now's a good time to sort it. Get in touch and we can help.
