Day-One Flexible Working: Are Your Job Adverts Breaking the April 2026 Law?

I had coffee with a hiring director last week who looked at me blankly when I asked how her team was handling day-one flexible working requests. "The what now?"

She's not alone. Day-one flexible working has been a legal right since April 2024, and the Employment Rights Act 2025 tightens the framework further from 2027. Many employers are still writing job descriptions as if neither of those things happened. And they're already causing headaches for the unprepared.

What's changed with day-one flexible working rights?

The Employment Rights Act amendments that kicked in this April fundamentally alter the flexible working landscape. The headline change? Workers can now request flexible arrangements from their very first day of employment - not after 26 weeks as previously required.

But there's more to it than that.

Employers have two months to respond, can no longer refuse requests without clear business justification, and must consult with the employee before rejection. The eight statutory business reasons for refusal still stand. What's changing from 2027 is that refusals will also need to pass a reasonableness test: ticking a business reason won't be enough.

This isn't just a procedural tweak. It's a complete rethink of how flexibility features in the employment relationship.

Your job adverts might already be non-compliant

Here's the bit that's catching people out. Many adverts I've reviewed over the past month still contain phrases like:

• "Flexible working available after probation period"
• "Option to request hybrid working after six months"
• "Possibility of compressed hours following successful completion of first year"

These statements directly contradict the new legal position. Candidates can now request these arrangements before they've even signed a contract, let alone completed probation.

Worst still are the job ads proudly announcing "flexible working available" with no detail whatsoever. What exactly does that mean? Four-day week? WFH Tuesdays? Flexible start times within core hours? The vagueness leaves you wide open to mismatched expectations and awkward conversations.

Be explicit about flexibility in your hiring process

The solution isn't particularly complicated, but it does require thought. Job descriptions need clear statements about:

1. What flexibility is available by default (e.g. "This role offers hybrid working with 2 days onsite")
2. What flexibility might be considered upon request (e.g. "We're open to discussing part-time hours")
3. What flexibility simply won't work for the role (e.g. "This position requires onsite presence for laboratory work")

Some positions have legitimate constraints: laboratory work requires physical presence, reception roles have fixed hours, site-based management has non-negotiable attendance requirements. A building site manager can't work from Barbados. A surgeon can't perform operations remotely. A receptionist can't greet visitors outside standard hours.

But most rejections I've seen over the years weren't based on genuine incompatibility - they were based on manager preference, outdated thinking, or simple inertia.

How to handle flexibility conversations during recruitment

The smartest employers I work with are bringing flexibility discussions forward in their hiring processes. Rather than waiting for candidates to make formal requests post-offer, they're discussing parameters upfront.

This means asking questions like:

"What working pattern would enable you to perform at your best?"

"Are there specific flexibility needs you'd like us to consider?"

"This role has these non-negotiable requirements - how would you see flexible working fitting around them?"

The beauty of this approach is two-fold. You avoid the painful scenario where you make an offer only to receive a flexibility request you can't accommodate. And you signal to candidates that you take their work-life balance seriously.

Some recruiters worry these conversations will open a Pandora's box of unreasonable demands. But I've found the opposite - when approached honestly, most candidates have entirely reasonable expectations.

Update your documentation - today

If nothing else, take these three actions immediately:

1. Review and update all job descriptions and adverts to remove language suggesting a waiting period for flexible working requests

2. Create a flexible working request response template that meets the new one-month timeline

3. Brief hiring managers on having upfront conversations about flexibility parameters

The companies that have prepared properly are already seeing benefits. One logistics firm I work with reported a 22% increase in female applicants after explicitly mentioning flexibility options in their driver job descriptions.

How you handle these changes will reveal much about your company culture. Are you grudgingly complying with minimum requirements? Or embracing flexibility as a competitive advantage in a tight talent market?

I suspect many of our assumptions about what's "essential" were formed in a different era of work.

The April legislation simply forces us to justify those assumptions rather than hide behind them. And that's probably a good thing for everyone.

Employers leading the way on flexibility aren't just complying with legislation - they're building workplaces fit for 2026 and beyond. In a market where skilled candidates still hold considerable power, that might be the difference between attracting the best talent and settling for second best.

Start with your adverts. They're the first thing candidates see, and right now many are describing a legal position that expired in April 2024.

For detailed guidance on updating your recruitment materials to comply with the new flexible working legislation, check out the resources available on Gov.uk or The OHub's employer resources.