Navigating the flexi-future: Schools adapt post-pandemic

As schools navigate the post-pandemic era, understanding the intricacies of flexible working becomes crucial. Explore the evolving landscape, statutory changes, and proactive strategies for a resilient educational environment

CREDIT: This is an edited version of an article that originally appeared on VWV

The post-pandemic era has ignited a surge in discussions around flexible working, and the landscape is evolving. As we witness shifts in the statutory framework, SBLs are grappling with a rising tide of flexible working requests and the occasional pushback from staff and unions challenging decisions to deny these requests.

Statutory framework overhaul

In a pivotal move, the Employment Relations (Flexible Working) Bill secured Royal Assent in July 2023, poised to be enacted by the summer of 2024.

When it comes into force, it will allow employees to make two flexible work requests in any 12-month period. Schools and academy trusts will be under an obligation to respond to a request within two months unless an extension is agreed and will not be able to refuse a request until they have consulted with the employee. Employees will no longer have to explain what they anticipate the impact of their proposed new working arrangement will be on the school or academy trust.

When the Government announced that the Bill was to receive Royal Assent it referred to making the right to request flexible working a ‘day 1 right’, which will be enacted through secondary legislation to come into force at the same time as the Bill.

For now, and until the Bill comes into force the existing flexible working regime will still apply and employees will still need 26 weeks’ service before they can make a flexible work request.

ACAS is also undertaking a consultation on an updated statutory Code of Practice on handling flexible working requests, anticipating the changes to the regime.

Managing flexible working requests in practice

Most schools and academy trusts have become accustomed to dealing with flexible working requests, but the anticipated changes are likely to result in an increased number of requests and added scrutiny around decisions made.

Whilst the changes to the statutory regime referred to above do not apply until summer 2024 schools and academy trusts are having to consider their approach with increased scrutiny in mind as well as responding to challenges in recruitment and retention.

In general terms, schools and academy trusts should meet with staff promptly after a flexible working request has been made to discuss and get a better understanding of the changes requested, consider the request fairly and look at alternative options if the request is not workable. It is important to notify the member of staff of the decision to explain the decision-making process and reasoning including, where applicable, why it might not be possible to agree the request. For guidance, you can use the ACAS Code of Practice.

Navigating the intricacies of flexible working requests requires not just compliance with evolving statutes but also an astute understanding of the workforce’s changing expectations.

SBLs must proactively prepare for the flexi-future, ensuring that the transition aligns with the needs of both educators and institutions. The evolving landscape demands not just adherence to the letter of the law but a strategic embrace of flexibility to foster a resilient and adaptable educational environment.