Published July 21, 2025 Written by NDNA

Flexible working in early years settings: how to make it a success for your organisation

Flexible working isn’t a ‘nice-to-have’ anymore – it’s an expectation. And for early years settings where recruitment and retention are major challenges, building flexible working into your culture can give you a crucial edge in attracting and keeping great people. But how do you make it work in a busy early years environment?

The experts at our partner, Citation are here to take you through everything you need to know. With new flexible working laws in full swing and childcare settings under more pressure than ever, it’s essential for you to understand your responsibilities – and opportunities – when it comes to flexible working.

What’s changed recently?

In April 2024, the right to request flexible working became a day one right, meaning employees can raise a request for flexible working from the moment they start working for you. But the Labour government want to go a step further, and make flexible working the default, by introducing two key changes in the Employment Rights Bill. These changes are:

An employer can only refuse a flexible working request if it’s reasonable for them to do so.
An employer has to state the ground for refusal and explain why it’s reasonable to refuse the request on those grounds.

Why does flexible working matter in early years?

The early years sector has always faced unique challenges – balancing staff ratios, covering busy drop-off and pick-up times, and meeting parents’ needs. But at the same time, nursery workers are often parents or carers themselves, juggling complex personal commitments.

This is where flexible working can transform your recruitment and retention strategy. The 2025 global Workmonitor report showed that 83% of employees worldwide rate work-life balance as their highest priority – ahead of pay, at 82%.

These numbers show a consistent, growing shift – offering flexible working isn’t just a perk anymore. It’s essential for attracting and retaining skilled practitioners who might otherwise leave the sector.

What are your responsibilities as an employer?

Under the Employment Rights Act 1996, Employment Relations (Flexible Working) Act 2023 and the ACAS Code of Practice, you have to…

Handle requests in a reasonable manner.
Meet with the employee to discuss their request.
Consider requests individually and in the order you receive them.
Provide a written decision within two months.
Update employment contracts if changes are agreed.
Only reject requests based on one of the eight legally fair business reasons defined in statute, such as inability to reorganise work or impact on quality.

We’d always recommend you document each step, including discussions and the outcome, to avoid misunderstandings and make sure you stay compliant.

How can flexible working work in early years settings?

It’s a good question – it’s easy to think flexible working only means reduced hours or hybrid or remote arrangements that can’t apply in a setting that requires a fixed staff-to-child ratio. But there are other ways of working flexibly from a fixed location, including…

Staggered hours – allowing staff to start or finish earlier or later, which can help cover busy periods without increasing headcount.
Job sharing – splitting one full-time role between two part-time employees, widening your talent pool to people who can’t work full time.
Annualised hours – agreeing a set number of hours across the year but varying weekly schedules to cover holiday periods or term-time fluctuations.
Compressed hours – enabling staff to work their contracted hours over fewer days, giving them longer weekends or mid-week breaks.

Even small adjustments can make a big difference to your team’s morale and wellbeing.

What are the biggest challenges with flexible working in the early years sector?

We understand that, as a nursery owner or manager, you’re probably worried that flexible working could disrupt staffing or compromise ratios. But with careful planning, flexible working can benefit your setting more than it’ll get in the way of your operations. Here are just a few practical tips…

Use scheduling software to map rotas and spot where flexibility can fit without risking safe ratios.
Cross-train staff so team members can cover different rooms or age groups, giving you more options when agreeing flexible patterns.
Communicate early with parents if changes to staffing patterns will affect key person relationships, to maintain trust.
Create a flexible working policy so staff know how to request flexible working, what you’ll consider and your process for reviewing requests.

Flexible working and your nursery’s culture

Flexible working isn’t just about logistics; it’s about building a supportive, inclusive culture that values employees’ needs. This can improve morale, boost productivity and strengthen your nursery’s reputation as an employer of choice, which has never been more important in a sector competing for skilled practitioners.

Remember, flexibility works both ways. By being open to reasonable flexible working requests, you’ll find staff are often more willing to go the extra mile when you need it most.

What happens if you don’t handle flexible working properly?

Failing to handle flexible working requests properly can result in legal claims, reputational damage and low employee engagement. Staying compliant with the latest laws and ACAS guidance will help protect your nursery and give you peace of mind.

Don’t forget to keep contracts updated with any agreed changes – for example, if you approve a compressed hours pattern, you need to amend the employee’s contract to reflect the new working arrangement, either by issuing a new contract or an addendum signed by both parties.

Flexible working as a recruitment advantage

With recruitment and retention challenges intensifying in early years – some reports indicate a rise in vacancies by 146% compared to pre-pandemic levels – nurseries that embrace flexible working will stand out. Offering creative, well-managed flexible options is a powerful way to attract talented staff, improve loyalty and create a happier, more engaged team.

And with the legal landscape now firmly supporting flexible working from day one, there’s never been a better time to make flexible working work for your early years setting.

Citation – here to support you

Our team of over 300 HR & Employment Law consultants are on hand 24/7 to provide personalised guidance to make sure your early years setting stays compliant and your employees are protected – helping you navigate any complex challenges you might be facing.

As a member of the NDNA, you’re entitled to an exclusive 10% discount on new client contracts when you partner with Citation – just call 0345 844 1111 or click here to find out more about how we can support you. Remember to quote ‘NDNA’ to access your discount.