Tag Archive for: childcare

Changes to flexible working coming in April 2024 – what employers need to know

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On 6 April 2024, the widely discussed changes to flexible working will come into force, when the Flexible Working (Amendment) Regulations 2023 take effect. Here’s what those changes are, what they mean for employers and what needs to be considered going forward.

What’s changing?

If you ask most people what the changes to flexible working are, they will say that the service requirement has been removed, as that has been the source of most discussion and debate. In fact, the legislation is actually making more changes than perhaps people realise. A summary of these changes includes:

  • ‘day one right’ – currently employees can only make a flexible working request once they have 26 weeks continuous employment. From 6 April 2024, this becomes a ‘day one’ right.
  • Two requests – currently employees can only make one flexible working request every twelve months. With these changes, employees will be able to make two statutory flexible working requests every twelve months.
  • Timescales reduced to two months – the current timescale for employers to deal with flexible working requests is three months. This reduces to two months under these changes.
  • Employers will not be able to refuse a request until they have consulted with the employee
  • Removal of the need for employees to explain the effect of the proposed change on the organisation, or how that could be dealt with when making a request

The changes do not affect an employer’s ability to reject requests on eligibility grounds or for one or more prescribed statutory reasons.

What does this mean for employers?

With the removal of a service requirement and greater application opportunities, it is possible that employers may see an increase in the number of flexible working requests, so it may present a ‘numbers’ challenge in the first instance. Employers should ensure any requests received, are acknowledged and tracking systems are in place to monitor progress.

Perhaps of more critical importance is the consideration of the reduced timescales and what that means for internal procedures. To ensure compliance, it will be essential that meetings are scheduled and responses returned, including any appeal, within the two-month period. You can extend the timescales but only with agreement from the employee. But critically, managers should look to maintain momentum in reviewing requests to avoid any unnecessary delays.

Importantly the responsibility is now on employers to give careful consideration to the request, its impact and how it might be accommodated. You can ask your employee to consider these and make any suggestions, but you cannot make it a compulsory part of the process.

What should employers do now?

  • Review your flexible working policies to ensure that they reflect the new requirements. Put in measures and systems that support being able to deal with requests within the timescale required. This might include putting in tracking systems to monitor the progress of requests, as well as guidance documentation so everyone involved understands their roles and obligations in the process
  • Train line managers on how to handle flexible working requests in light of the new requirements, particularly providing guidance on how they might make best use of the meeting with their employee, to explore the request and how it can be accommodated
  • Communicate the changes to staff. Letting staff know that these changes have come in and you have adapted your policies accordingly, can be a positive step for employee relations and increase employee engagement

Whilst some employers may consider the changes in legislation onerous, it is important to remember the benefits of flexible working for both employees and employers:

  • Allows employees to proactively manage other commitments, leading to less time taken off
  • Wider pool for recruitment
  • Positive for employer brand and attracting candidates
  • Retention of experienced and valued staff who might otherwise have to leave if they can no longer work their existing work pattern
  • Can promote a more diverse and inclusive workforce
  • Enhanced morale and motivation

The new legislation will not change the core principles behind flexible working. It remains a tool for employees and employers to discuss possible changes to ways of working and how that might be mutually beneficial. What the changes will do is make adaptations to eligibility, timescales and internal processes for dealing with requests. By taking a proactive approach and updating policies and internal procedures, as well as refreshing line manager training, organisations will ensure they are best placed to respond to any requests that are received under the new legislation.

If you would like any support in dealing with flexible working requests, drafting policy and guidance material or line manager training, please contact Sue Meehan Boyes in our team on 07384 468 797.

Teacher Strikes – What Options Are Available for Working Parents? 

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With planned strike action in England and Wales in the coming months, many working parents and carers will face challenges with childcare provisions. How can employers support their affected employees?

Union members are not required to share their intention to strike in advance, so it is very challenging for schools to anticipate the impact on their staffing levels and attempt to source adequate cover.

While the impact within early years settings is hoped to be less significant than within schools, some may also need to close as a result of employee absence. For some employees, particularly those with young children, it may not be possible to continue to work at all if their childcare provider or school is closed and they have no alternative support. 

How Can Employers Support?

During the pandemic, employers had to think creatively about how some employees could continue to work whilst juggling childcare responsibilities. Now is a good time for managers and working parents to revisit these contingency plans. This might include flexibility on when they work, for example, working during the evenings or swapping a working day, or temporary home working.

It may help to start the conversation early, reminding parents of local strike action dates. Some may have support with childcare available from family members, which may enable them to continue to work. For others, there may not be a ‘Plan B’ so it is important to be clear on how absence will be managed on these dates.

The following types of leave can be considered:

  • Annual leave – If the employee has sufficient annual leave, they may wish to request this according to your policy. However, it’s important to remember that annual leave is limited and if there are a significant number of days where strike action will disrupt their childcare provision they may be left with minimal annual leave to take holidays later in the year.
  • Taking time off for dependents – In most cases this is unlikely to be appropriate as the strike dates have been communicated some way in advance. However, employees have a right to absence to care for dependents where their care has broken down unexpectedly. The statutory right is to unpaid leave in these circumstances, although some organisations have now chosen to provide pay in support of working parents/carers.
  • Time off in lieu (TOIL) – Where an employee has worked a number of additional hours without pay, you may allow them to take this time ‘back’ as TOIL. As an employer, you may already have a policy on how TOIL is managed in your organisation and employees would need to follow the requirements for recording and requesting this leave.
  • Parental leave – Employees have a right to request unpaid parental leave up to a maximum of 18 weeks in total, before the child’s 18th birthday. Ordinarily, 21 days’ notice of the intention to take parental leave is required and it is usually taken in blocks of one week. Where only one day is required, this is recorded as a full week of the entitlement.
  • Unpaid leave – A final option to consider is to allow parents or carers to request unpaid leave. You may have a policy regarding unpaid leave that needs to be followed. 

We would encourage employers to be as flexible as possible. Working parents or carers may find this situation particularly stressful and disruptive both at work and at home. You may wish to remind your employees of any workplace sources of support that you offer, for example, via an Employee Assistance Programme.

For support on how you can best support your working parents and carers during the teacher strikes, or how to navigate more complex situations, please contact Kathryn Chidzey-Jones in our team on 07881 092524.