2026: A tipping point for HR – Flexible working, employee voice & the role of consultation

Written by Coppice HR

Are your HR processes strong enough to handle what’s coming next?

For many small businesses, the biggest challenge won’t be the legislation itself, but the expectations it creates.

Consultation, communication, and clear processes are becoming non-negotiable, not just when required by law, but as everyday good practice.

Businesses with strong HR systems will move through these changes smoothly. Those without them will hit pinch points fast.

Related reading: Is HR Draining You? Here’s How to Fix It

What’s changing: The pressures employers can’t ignore

The next wave of employment reform isn’t about dates or technical rules, it’s about the direction everything is moving in.

1 Higher expectations around consultation

Most SMEs will never deal with formal collective redundancy. But every SME will deal with contract changes, working pattern updates, policy changes, and employee concerns. Consultation, formal or informal, is becoming a baseline expectation.

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2 Expansion of flexible working rights

Employees expect clarity, consistency, and fairness when making flexible working requests. Businesses with strong processes will find this easy. Those without them will face disputes.

3 Stronger protection for employees raising concerns

Whether it’s a workload issue, a workplace safety worry, or a change affecting their hours, employees will have greater voice and support. The message behind all these changes is simple: talk to people early, talk to them clearly, and involve them in decisions.

Why consultation matters, even when you aren’t legally required to do it

This is where many SMEs get caught out.

Consultation isn’t just a legal tool; it’s one of the most effective ways to prevent misunderstandings, disputes, and resistance to change.

Even in small teams, a simple consultation structure builds clarity and trust. It removes panic, protects managers, and ensures employees understand the why behind decisions.

More on proactive HR: Winter blues: 4 strategies for tackling employee absenteeism

Where employers go wrong vs what works best

Where it goes wrong

• Changes made quickly or verbally

• No explanation behind decisions

• Managers improvising responses

• No space for questions

• Old templates reused

What works best

• A simple, repeatable consultation process

• Written rationale employees can understand

• Clear scripts and manager guidance

• Planned conversations and documented outcomes

• Updated paperwork that reflects current expectations

Most issues arise from missing structure, not bad intent.

See also: A culture of prevention: 3 steps UK employers must take

The real pinch points coming for SMEs

These are the areas where small businesses will feel pressure most-, not because of law, but because of rising expectations:

1 Policies that haven’t been reviewed in years

If your handbook doesn’t match how your business operates today, it’s a risk.

2 Contracts that don’t reflect actual working practices

When paperwork and reality don’t line up, disputes begin.

3 No clear consultation framework

Even three simple steps make a huge difference.

4 Managers left to handle difficult conversations alone

Without guidance, consistency disappears.

5 Flexible working decisions that feel inconsistent

Two employees, two different outcomes, no clear explanation, this is where grievances start.

Preparation prevents these issues. Waiting makes them bigger. Helpful read: Elevate Performance: Top 5 Ways to Motivate Your Workforce

Flexible working: Why clarity matters more than ever

Flexible working isn’t fading; it’s growing. Employees expect more choice, more fairness, and more transparency behind decisions. A good flexible working process strengthens retention, morale, trust, and performance, especially for small teams.

Further insight: Neurodiversity at Work: Why Inclusion and Flexible Working Matter

Consultation red flags every employer should watch for

If you’re seeing any of these, your consultation process needs strengthening:

• Employees hearing updates through rumours
• Confusion around changes to hours or duties
• Managers unsure how to explain decisions
• Pushback on new policies
• Tension around flexible working outcomes
• Disengagement or frustration in team communication

These aren’t problems yet; they’re warning signs.

Related: Stress, Burnout and resilience

Inclusion and accountability: Two sides of the same coin

2026 will be remembered as the year accountability came to the forefront of employment law. But accountability isn’t just legal; it’s cultural.

You can’t build compliance without trust. You can’t build trust without inclusion.

By combining both, you create a workplace where change doesn’t cause fear, it builds confidence.

For practical advice on building resilience across your workforce, read stress, burnout and resilience: 5 Strategies to improve employee mental wellbeing.

Get ahead before the pressure hits

If your HR systems aren’t ready for the increasing expectations around consultation, communication and flexible working, now is the safest time to act.

At Coppice HR, we help employers:

• Strengthen consultation processes
• Update contracts and policies
• Support managers
• Build clarity and consistency
• Prevent problems before they cost money, time and morale

Email [email protected] or call 07814 008478.

Let’s make sure your HR is ready for what’s coming, long before it arrives.