Flexible Working for Childcare: What You Need to Know

Childcare is one of the most common reasons employees request flexible working. Here's what you need to know about handling these requests fairly and legally.

The Legal Position

Since April 2024, all employees can request flexible working from day one - for any reason or no reason at all.

Key points:

• Employees don't have to give a reason in their request
• You can't discriminate based on the reason given
• You must follow the same process regardless of motivation
• The same 8 grounds for refusal apply to all requests

Why Childcare Matters

While the flexible working process is the same for all requests, childcare-related requests carry additional considerations:

Indirect Discrimination Risk

• Women are more likely to be primary carers
• Refusing childcare requests may disproportionately affect women
• This could constitute indirect sex discrimination
• You need objective justification for any refusal

Protected Characteristics

Childcare responsibilities often relate to:

• Sex - Women make most childcare requests
• Pregnancy and maternity - Requests after maternity leave
• Age - Parents of young children
• Marital status - Single parents face particular challenges

Common Childcare Scenarios

Part-Time After Maternity Leave

The most common request. Employee wants to reduce to 3 or 4 days per week.

Consider:

• Could the role work part-time?
• Is a job share possible?
• Can duties be redistributed?
• What's the cost of recruitment vs accommodation?

Red flag: "We need full-time cover" alone isn't enough. You must show why the specific role can't accommodate part-time working.

School Hours Working

Employee wants to work 9:30am-2:30pm to match school times.

Consider:

• What essential duties fall outside these hours?
• Could duties be rescheduled?
• Is job share or overlap possible?
• Could they work some hours from home outside school time?

Alternative: Compressed hours - working full-time hours across school days with longer days.

Term-Time Only

Employee wants to work during school term time only (39 weeks instead of 52).

Consider:

• Is the role truly needed year-round?
• Could temporary cover work during holidays?
• Is the role project-based allowing breaks?
• What's the impact on team continuity?

Note: This is a significant change requiring careful consideration. The "insufficient work" ground may apply for some roles.

Reduced Hours for Nursery Drop-Off

Employee wants to start 1 hour later (9:30am instead of 8:30am) for nursery drop-off.

Consider:

• What business activity happens before 9:30am?
• Could they finish later or take a shorter lunch?
• Is early coverage essential or just preferred?
• Could they work from home early?

Often the easiest to accommodate - usually requires only minor adjustments.

Hybrid Working to Reduce Childcare Costs

Employee wants to work from home 2-3 days per week to reduce nursery days.

Consider:

• What tasks require office presence?
• Has remote working worked during probation?
• What's the impact on team collaboration?
• Is it consistent with other team members?

Post-pandemic considerations: Many roles have proven to work remotely. Refusing may be harder to justify.

Evaluating Childcare Requests

Step 1: Don't Make Assumptions

Avoid thinking:

• "They won't be committed if they work part-time"
• "Childcare responsibilities will distract them"
• "They'll have more time off when children are sick"
• "They'll want to change again when circumstances change"

These are discriminatory assumptions with no basis in the specific request.

Step 2: Assess the Actual Business Impact

Ask yourself:

• What specific business needs would be affected?
• Can we evidence this impact?
• Have we considered all alternatives?
• Are we treating this consistently with other requests?

Step 3: Consult Meaningfully

Discuss with the employee:

• The specific pattern they're proposing
• Any concerns you have about coverage/workload
• Possible modifications or alternatives
• Trial period arrangements

Don't just say no. Explore what might work.

Step 4: Consider Alternatives

Before refusing, consider:

Issue	Possible Solutions
Coverage gaps	Job share, overlapping hours, task redistribution
Client contact	Adjusted hours, voicemail/email management, colleague backup
Team meetings	Schedule around core hours, recording for absent staff
Workload concerns	Role redesign, priority adjustment, additional resource
Management concerns	Clear objectives, outcome-based assessment, regular check-ins

The 8 Grounds and Childcare Requests

How the grounds typically apply to childcare requests:

1. Burden of Additional Costs

When it might apply:

• Need to recruit to fill coverage gap
• Significant overtime costs for other staff
• Need new systems or equipment for remote working

When it won't:

• Minor administrative costs
• Slight inefficiency
• Preference for full-time presence

2. Detrimental Effect on Customer Demand

When it might apply:

• Customer-facing role requiring specific availability
• Clients need access during proposed absent hours
• Service level agreements specify coverage

When it won't:

• Customers could be served at different times
• Coverage could be provided by colleagues
• Impact is minimal or theoretical

3. Inability to Reorganise Work Among Existing Staff

When it might apply:

• Other staff already at capacity
• Duties require specific expertise
• Team size too small for redistribution

When it won't:

• Haven't actually tried to reorganise
• Assuming it won't work without exploring
• Minor inconvenience to colleagues

4. Inability to Recruit Additional Staff

When it might apply:

• Specialist role with skills shortage
• Budget doesn't allow recruitment
• Previous attempts to recruit failed

When it won't:

• Haven't tried to recruit
• Don't want to recruit (without good reason)
• Assuming you can't find anyone

5-6. Detrimental Impact on Quality/Performance

When it might apply:

• Role requires continuity for quality
• Part-time would genuinely impact deliverables
• Customer relationships would suffer

When it won't:

• Assuming impact without evidence
• Quality could be maintained with adjustments
• Based on stereotypes about part-time workers

7. Insufficiency of Work

Rarely applies to childcare requests unless requesting very limited hours or term-time only when work is year-round.

8. Planned Structural Changes

When it might apply:

• Genuine reorganisation already in progress
• Role being significantly changed or removed
• Timing would conflict with changes

Must be genuinely planned - not invented to refuse.

Discrimination Considerations

Direct Discrimination

Don't:

• Refuse because "mothers aren't committed"
• Assume they'll have more absences
• Treat childcare requests differently from other flexible working requests
• Make decisions based on stereotypes

Indirect Discrimination

Even neutral-seeming policies can discriminate:

Examples:

• "All managers must work full-time" - May exclude women
• "No working from home" - May disadvantage carers
• "Core hours 8am-6pm" - May exclude parents with school-age children

If your refusal has this effect, you need objective justification:

• Legitimate aim (genuine business need)
• Proportionate means (no alternative available)

Objective Justification

Not sufficient:

• "It's always been this way"
• "It's inconvenient"
• "Others will want it too"
• "We prefer full-time staff"

Sufficient:

• Genuine operational requirements
• Evidenced business impact
• No reasonable alternative
• Considered proportionately

Trial Periods for Childcare Arrangements

Trial periods work particularly well for childcare requests:

Benefits:

• Tests whether proposed arrangement actually works
• Identifies unforeseen issues
• Reduces employer risk
• Gives employee confidence to commit

Structure:

• Agree specific trial length (3-6 months typical)
• Set clear review criteria
• Regular check-ins during trial
• Review meeting at end
• Right to revert if unsuccessful

Review criteria might include:

• Work quality maintained
• Deadlines met
• Team impact acceptable
• Client service unaffected
• Employee coping with arrangement

Part-Time Working and Childcare

Pro-Rata Entitlements

When agreeing part-time working:

• Salary is pro-rata
• Holiday entitlement is pro-rata
• Bank holidays are pro-rata
• Sick pay is pro-rata

Document clearly which days are working days.

Part-Time Working Regulations

Part-time workers must not be treated less favourably than full-time comparators:

• Same hourly pay rate
• Same access to training
• Same opportunities for promotion
• Same benefits (pro-rata where appropriate)

Don't:

• Exclude from opportunities because they're part-time
• Assume they're less committed
• Schedule important meetings on non-working days
• Overlook for promotion

Documenting Childcare Requests

Record:

• The specific arrangement requested
• Business impact you've identified
• Alternatives you've considered
• Consultation discussion
• Reasons for decision
• Any trial period terms

This protects you if:

• Employee claims discrimination
• Other employees request similar arrangements
• You need to demonstrate consistency
• Tribunal claim is brought

Common Mistakes

1. Assuming Impact Without Evidence

Wrong: "Part-time working wouldn't work in this role"

Right: "We've assessed the role and identified these specific issues..."

2. Not Considering Alternatives

Wrong: "We need someone full-time in the office"

Right: "We've considered hybrid working, compressed hours, and job share, but..."

3. Inconsistent Treatment

Wrong: Agreeing flexible working for one parent but refusing for another without good reason

Right: Assessing each request on its individual merits with consistent criteria

4. Making Assumptions

Wrong: "She'll probably want to change it again when the baby starts school"

Right: Assessing the request as made, without speculation

5. Not Consulting Properly

Wrong: Deciding to refuse before meeting the employee

Right: Having an open discussion about the request and exploring solutions

Return to Work After Parental Leave

Flexible working requests after maternity, paternity, or adoption leave are very common.

Remember:

• Employee has right to return to same job (or suitable alternative)
• Flexible working request is separate from return to work
• Must follow proper flexible working process
• Can't penalise for taking leave
• Refusing may be discrimination

Best practice:

• Discuss flexible working during keeping in touch days
• Explore options before final return date
• Be open-minded about arrangements
• Consider trial period to ease transition

Single Parents

Single parents face particular challenges:

• Sole responsibility for childcare
• No partner to share school runs/sick days
• Often tighter financial constraints
• May have additional caring responsibilities

While they have no additional legal rights, failing to accommodate reasonable requests may:

• Be indirect discrimination (disproportionate effect)
• Lead to constructive dismissal claims
• Result in losing good employees

Multiple Children

Employees with multiple children may need:

• Different arrangements for different ages
• Term-time working (school-age children)
• Earlier finish (nursery pick-up)
• Occasional adjustments for childcare emergencies

Be flexible - childcare needs change as children grow.

Best Practice

1. Have a clear policy - Transparent process for all flexible working requests
2. Train managers - Avoid unconscious bias and discrimination
3. Start the conversation early - During pregnancy or before return from leave
4. Consider all options - Don't default to "no" without exploring alternatives
5. Document thoroughly - Record business reasons for decisions
6. Be consistent - Apply same standards across all requests
7. Review regularly - Childcare needs change over time
8. Learn from what works - If arrangements work well, consider them for others

When You Can't Accommodate

If you genuinely can't accommodate a childcare-related flexible working request:

1. Consult properly - Discuss concerns and alternatives
2. Document business reasons - Based on one of the 8 grounds
3. Explain clearly - Why this specific request can't work
4. Offer alternatives - If any are possible
5. Consider phased return - Temporary arrangements while solutions found
6. Support the employee - Signpost to childcare support resources

Remember: The employee may:

• Appeal your decision
• Bring a flexible working claim (up to £5,600)
• Bring a discrimination claim (unlimited compensation)
• Resign and claim constructive dismissal

Sources

• Employment Rights Act 1996 (as amended by Employment Relations (Flexible Working) Act 2023)
• Equality Act 2010
• ACAS Code of Practice on Flexible Working Requests
• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• Maternity and Parental Leave etc. Regulations 1999