It’s nearly that time of year again where parents and their children start planning for the return to or start of school. The school day and the typical 9am to 5pm working schedule are not aligned and parent employees may request to change their start and finish times permanently, or ask to work from home on certain days to allow them to perform their work around school hours, if that is possible in their role.
The right to request to work flexibly is a right to request, not a right to demand, but given the myriad of ways of working that have emerged following the pandemic, and despite what an increasingly growing number of employers are demanding, the old ways of working are not going to be palatable for many people.
Currently, employees need to have 26 weeks of continuous service in order to make a request to work flexibly and they can only make one request every 12 months. However, although not coming into effect until 2024, the Employment Relations (Flexible Working) Bill will allow employees to make two requests every 12 months and they will no longer have to explain in their applications what effect they think the request will have on the employer. Employers will also have to consult with the employee if they decline a request. Regulations are also expected to remove the requirement for 26 weeks of service in order to make a request, making the right to request a day one right.
Going back to school also means children are mixing with classmates in close proximity, which brings coughs, colds and bugs. This means parent employees may pick these up too and go off sick, often having to figure out how to work while caring for a poorly child.
Employees who are sick will likely trigger any employer or statutory sick pay, while care should always be taken around anyone with a disability or who is pregnant to discount any related illnesses to avoid claims under the Equality Act 2010.
Under the Employment Rights Act 1996, any carer of a child who needs to look after them when they are sick and off school will be able to take reasonable unpaid time off work to deal with an emergency involving a dependant. Leave may be paid if the employer’s policy allows for this. Employees are protected from disciplinary action or dismissal if they take such leave.
If the leave is unpaid, some employees may ask to take holiday for any days they need to look after their sick child, so that they can be paid. However, as the pandemic has taught us, working from home while caring for children is a possibility in most cases, so this option should be explored where necessary during periods of child illness.
Like many things, a good manager with enlightened empathy may well spot the signs that an employee is perhaps having a tough time and will reach out to them.
Helen Burgess is an employment partner at Gateley Legal
