First published on Monday, February 23, 2026
Last updated on Monday, February 23, 2026
The Labour Party has introduced legislation that would give workers the right to work from home (WFH) or take their employers to court if this is refused. The Work Life Balance and Miscellaneous Provisions Act 2023 gave some employees the right to request flexible working arrangements if they had caring responsibilities. The new Bill strengthens and extends these rights to other workers.
Who is eligible to request flexible or remote working?
At the moment, employers with caring responsibilities can request flexible working on day one of employment. And all employees have a day one right to request remote working, but they must complete six months’ continuous service before flexible working starts. Under the new Bill, employers may only refuse remote working if it isn’t reasonably practicable for them to do so.
What are the risks of not following due process?
The new Bill would open up legal recourse for employees who have been refused the right to WFH in the past, where they believe their request was unreasonably denied. So, unless your reasons for denying flexible working have been watertight and well-documented, your workers could lodge a case with the Workplace Relations Commission (WRC). Awards for breaches can be up to four weeks’ pay for remote working and 20 weeks for flexible working. And due to the nature of the claim, they may be framed as potential discrimination under equality legislation.
What are the benefits of allowing working from home?
Firstly, recruitment. Many employees expect and prioritise flexibility when job seeking. Then, productivity, work-life balance, and knock-on benefits for mental health and job satisfaction. There are also benefits to overheads like power use, or where a business has outgrown its facilities.
What should you do with a flexible working request?
A flexible working request should contain the form of flexible working being requested (i.e. part-time, term-time, job sharing, flexitime, compressed hours or remote), a proposed starting date, and the proposed duration. Employers can also request additional information, like who the employee is caring for, or a medical certificate.
Once received, an employer should respond as soon as possible, but no later than four weeks. They must then approve the request in writing or provide a written refusal with legitimate business reasons (or request a four-week extension if they are having difficulties assessing the request). You can find full details in the WRC’s code of conduct.
What actions should employers take?
BrightHR has a host of tools to support flexible working environments. Shifts and rotas tools will help you avoid conflicts and coordinate your teams. Blip, BrightHR’s clocking in app, can help you make sure your teams are doing their hours and taking their breaks. And our 24/7 advice line is there for support you might need with making sure you’re adhering to any policy developments.
Want to see more? Book a free demo and see how BrightHR can transform your people management.
