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Your employees’ rights to flexible working for childcare

For your employees, balancing a career with childcare responsibilities can be particularly challenging, especially during school holidays, when childcare costs can soar.

Flexible working hours are a crucial part of employment terms and conditions that can help working parents manage these demands.

To ensure your business is compliant and not open to action from employees, it is important to know what legal rights your employees have when requesting flexible working hours.

The financial impact of school holidays

Research by savings and retirement firm Phoenix Group has highlighted the financial burden that working parents face during school holidays.

The study revealed that childcare costs rise by nearly £1,700 per month during the holidays compared to term time, equating to 51 per cent of the average UK household’s monthly income.

For younger parents aged 18-34, the increase is even steeper, with costs rising by an average of £2,218 per month.

Employees’ legal right to request flexible working

As of April 2024, all employees have the legal right to request flexible working from their first day on the job. This is known as making a statutory application.

Flexible working can involve changes to:

The number of hours they work
The times they start or finish work
The days they work
The location where they work

To make a statutory application, employees will write a letter or send an email to you..

The application should include:

The date of their request
A statement that this is a statutory request for flexible working
Details of how they want to work flexibly and when they wish to start
A statement indicating if and when they’ve made a previous application, including the date of the last request

After receiving their request, you must discuss it with them and decide within two months.

If you agree to the request, you must update their contract to reflect the new working arrangements.

You should then write to the employee with a statement of the agreed changes and a start date for when the changes will commence.

If you refuse, then you must provide specific business reasons and discuss these with the employee. Reasons for refusal include:

If your business is planning changes to the workforce
Where people cannot be recruited to do the work
If flexible working will affect performance
If your business will not be able to meet customer demand

Employees are allowed to make up to two applications for flexible working in any 12 months.

If you are dealing with a statutory application from an employee and would like further advice on how to handle it, then our employment law team are here to help. Contact us today for more information.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.