Employers face flexible working challenge to meet demands of new employment bill

Employers are expected to face major implementation hurdles as the government’s new Employment Rights Bill begins to reshape workplace practices. A survey by HR software provider Ciphr suggests that improved access to flexible working is likely to be the most difficult provision to manage. In a poll of 300 HR decision-makers across the UK, 22 percent said that changes to flexible working arrangements—making it the default where practical—would present the biggest challenge in terms of time, resources and cost. Respondents also raised concerns about stronger legal protections for workers involved in industrial action (21 percent) and the extension of the employment tribunal claim window from three to six months (17 percent).

Currently, employees have a statutory right to request flexible working, but employers can decline based on specific business grounds. Under the new legislation, organisations will be required to consult with staff and provide clear, reasonable explanations if requests are denied. This shift is expected to be particularly difficult in sectors where remote or hybrid working is less feasible. Around one third of employers in retail, hospitality and leisure, and more than a quarter in engineering, manufacturing, and logistics, anticipate challenges in accommodating the changes.

Other reforms are also prompting concern. Sixteen percent of HR professionals cited difficulties with proposed changes to statutory sick pay and paternity leave, the requirement to offer minimum guaranteed hours to qualifying workers, and adjustments to unfair dismissal qualifying periods. For large organisations with 250 or more employees, the upcoming requirement to publish Equality Action Plans, including menopause reporting, was the most commonly cited issue.

Claire Hawes, chief people and operations officer at Ciphr, said that while it is encouraging to see flexible working receive attention, the findings suggest many organisations are still grappling with how to implement it fairly. She noted that the complexity of the new legislation lies not just in rewriting policies, but in embedding consistent and transparent decision-making.

Hawes warned that the administrative demands of these reforms may be high, but the long-term benefits—such as improved retention, broader talent pools, and greater inclusivity—should outweigh the short-term difficulties. She advised employers to begin preparing now by reviewing policies, training line managers, and investing in integrated systems to support compliance.