Employment Rights Act 2025: Have Your Say on Flexible Working and Fire‑and‑Rehire Rules

The Government’s Make Work Pay agenda, introduced through the Employment Rights Act 2025, is bringing forward significant reforms which the government says are designed to make work fairer, more flexible, and more secure for everyone.  

Several consultations have been launched in the last week as part of this programme, and we are particularly keen to hear views on the two outlined below. Both apply across England, Scotland, and Wales, giving businesses a real opportunity to influence how these changes are implemented. 

If you have views on either of these consultations, we would be keen to hear from you. Please get in touch with us at policy@ukwa.org.uk to share your perspective.  

Improving access to flexible working 
This consultation is seeking views on a new process for employers to follow when considering flexible working requests, as well as broader insights into flexible working practices. It proposes a simple, light-touch process for situations where employers cannot immediately agree to a request – including a requirement to consult with the employee and consider alternative options. 

The government is also seeking views on what additional support, such as training and resources, might help employers handle requests effectively. The aim is to improve work-life balance, wellbeing, and productivity, while ensuring the process remains practical for businesses. 

This consultation closes at 11:59pm on 30th April 2026. 

Fire and rehire: changes to expenses, benefits, and shift patterns 
This second consultation addresses the contentious practice of dismissing and rehiring staff on less favourable terms. Under the Act, certain dismissals will be automatically unfair (unless the business is in severe financial difficulty with no reasonable alternatives).  

It’s seeking input on which changes should be treated as “restricted variations” – for instance, cuts to expenses like car allowances, reductions in benefits in kind such as subsidies, or significant alterations to shift patterns like switching from days to nights. The intention is to safeguard workers from exploitative practices while allowing businesses the flexibility they need. 

This consultation closes at 11:59pm on 1st April 2026. 

For more information – including the full details of these consultations and others related to the Make Work Pay agenda – you can find the government’s consultation pages here.