Of the numerous changes to employment law scheduled in 2024, the right to request flexible working has had the most attention. But there has been little direction for those who work in sectors that rely on a more ‘traditional’ working pattern, such as the majority working in the nursery sector.
While nurseries can’t, by their nature, offer the same scope of remote working, flexible working is more than just the ability to work from home and there are some more subtle changes employees can request, so managers need to know what the rules are and how to handle requests from employees.
These changes may not have as much of an impact as they will for office-based businesses, but handling requests in the wrong way could still cause problems, so there’s serious value in putting the right processes in place now.
Knowledge is power
As a first step, it’s worth wrapping your head around the new flexible working legislation and what it means for your nursery.
The law came into force from the beginning of April this year, and it gives employees the right to request flexible working from the first day of their employment and make up to two requests a year. The deadline for employers determining requests (including any appeal) has also changed, reducing from three months to two months.
The legislation also sets out important considerations for how employers should respond to these requests, particularly if they intend not to grant them.
The crucial requirement is that employers must respond in a ‘reasonable manner’, and the guidance gives a few examples of how an employer might go about doing that.
Requests for flexible working are a particularly tricky proposition for businesses where, due to the nature of their operations, they are restricted in terms of what flexible working options they can accommodate, but the legislation does still apply.
Employers can refuse an application if they have a good business reason for doing so, but they need to do so reasonably, having first explored if they can accommodate it and where they think it is not possible, having considered with the employee any potential alternatives.
For example, it may be possible to adjust shift start and finish times to allow an employee to change their working hours, as long as other team members are able to cover the rest of the nursery’s opening hours.
The right preparation
Training can be useful to expose managers and team leads to the legislation, making them aware that they could receive requests from employees, and giving them a clear and consistent framework through which to respond.
It’s crucial, for example, that managers know they can’t reject applications straight away. Instead, when an employee makes a request, managers need to know how they can go about assessing whether it can be accommodated and the alternatives they can offer if not.
The best way to reach a business-wide consensus is through open, two-way dialogue with both managers and employees.
Be honest with employees about their new rights and explain how the business will deal with them – employees are much more likely to work with senior management and make reasonable requests if they have some idea of how their manager will handle them.
Putting these systems in place as early as possible will help prevent negative feelings on either side if a request cannot be fulfilled and reduce the risk of tribunals or disputes by ensuring everyone knows where they stand.
Ensure all rights are protected
A potential pitfall that nurseries must be vigilant of is that applications for flexible working may also amount to a request for reasonable adjustments under the Equality Act, which provides much stronger protections to employees with disabilities.
If the reason for the request is related to the employee’s long-term physical or mental health issues, employers will have an additional duty to make reasonable adjustments, where failure to do so can lead to discrimination claims.
The new flexible working rules may seem like a challenge for nurseries, but with the right policies in place and a careful, holistic approach, the new rules can be managed effectively.
To be as prepared as possible when an employee makes a flexible working request, there’s a host of online information, free guides and professional advice to help implement a process for considering requests, dealing with specific issues, or even just getting to grips with the new legislation.
- You can read more about the new legislation in this guide from Citation.
