Employers urged to expand flexible working ahead of 2027 legal changes

Employers are being urged to widen access to flexible working during 2026, ahead of planned changes to employment law that will make flexibility the default unless it can be shown to be unreasonable. A new report from the Work Foundation at Lancaster University suggests that workers with long term health conditions and those in low paid roles are significantly less likely to have access to flexible working arrangements, despite evidence that such measures can support job retention and participation.

The findings are based on a survey of 3,796 working people carried out by the Work Foundation and the Centre for Organisational Health and Well-Being at Lancaster University. They come as the UK enters 2026 with health related economic inactivity close to record levels.

The research shows that the most common forms of flexibility reported by UK workers include having autonomy over how daily tasks are carried out, flexible working hours and the ability to work from different locations, including home. However, workers with long term health conditions were found to be less likely than those without to have access to all three. They were nine percentage points less likely to have autonomy over daily tasks or flexible hours, and twelve percentage points less likely to have flexibility over where they work.

The analysis also highlights a sharp divide linked to pay. Workers earning under £25,000 a year were substantially less likely to report access to flexibility than those earning £60,000 or more. Just over half of low income workers said they had control over how they carried out their daily tasks, compared to more than four fifths of higher earners. Fewer than half of low income workers reported having flexible working hours, while more than three quarters of higher paid workers did. Access to flexible work locations was also far lower among lower paid employees.

Employees currently have a statutory right to request flexible working from their first day in a role. Under the Employment Rights Act 2025, due to come into effect in 2027, flexible working will become the default position for employers.

Ben Harrison, director of the Work Foundation, said flexible working could be decisive for people managing health conditions. He said the organisation’s analysis showed that workers who experience a health setback without access to flexibility are four times more likely to leave work. He argued that employers should act now rather than wait for legislative change.

The researchers also emphasised that flexibility should not be understood solely as hybrid or remote working. Survey respondents with long term health conditions reported that having greater control over job tasks, work pace, hours, location and even role design was particularly helpful in managing their health while remaining in work.