Changes to the flexible working regulations

In her column this month for Education Today, Naomi Howells, Managing Director at recruitment specialists Class People, looks at the changes to flexible working regulations and what it means for you. 

Updates to the Flexible Working (Amendment)Regulations 2023 will come into force from 6 April 2024.

They make changes to the rights that employees have to request flexible working, as well as the responsibilities of employers to meet those requests. 

The most significant changes are:

• The right for employees to make a flexible working request from day one, instead of having to wait 26 weeks
• The right for employees to make two formal requests in a twelve-month period, compared to the previous one request
• The removal of the requirement for employees to explain the effect their request might have, and how the impact can be minimised
• A reduction from three months to two months for employers to consider and respond to any requests
• The requirement for employers to consult with the employee, before approving or rejecting any request.

When considering flexible working in education many of the traditional options such as compressed hours or remote working are not immediately compatible with the realities of our working environment. It is this that school leaders must seek to address.

Education employment is traditionally viewed as simultaneously flexible and inflexible. Teachers benefit from long stints of mandated leave, are already working term-time only, with free periods in timetabled lessons, all of which are viewed favourably as flexible working solutions. In reality, these patterns simply serve to offset intensive working hours during term times, naturally compressing annual hours into just 39 weeks. Add to this the inflexibility of term

time annual leave, the intensity of the role, the overtime hours during evenings and weekends, and the long lead time required to change roles or working patterns, and it is no surprise that teachers lament a lack of flexible working.

So, what is the compromise?

When it comes to ‘traditional’ solutions such as home working or part-time hours, schools may struggle to deliver effective short-term change. It doesn’t mean, however, that schools cannot meet the regulatory updates, nor garner a reputation for being a progressive, people-first employer. What it requires is innovation.

For other sectors, it can be relatively straightforward to approach flexible working on a case-by-case basis, working with each individual staff member to meet their needs. For teaching, the reality is much different, given our educational responsibilities to pupils. It is therefore recommended that schools publish a whole school approach to flexible working, creating clarity around the opportunities open to employees.

Based on the government guidance, this approach can include:

• Part-time hours or job share arrangements
• Staggered hours, compressed hours or annualised hours
• Personal or family days, lieu time, or home or remote working.

Practically, there are changes that schools can make to support flexible working. Adjusting timetabling to align free periods together can support home-working or reduced hours, without requiring supplementary staff. Meanwhile, having specific dates for flexible working requests to be submitted, and aligning these with term time planning can help improve approval rates. Finally, considering employing non-assigned teachers or utilising a planned budget of supply staff, can enable in-term flexibility without intensive timelines.