With schools breaking up for summer, many working parents are facing a childcare juggle. As hybrid working continues, now’s the time for employers to get ahead of potential issues. Here’s our practical guide to help you support your staff and stay compliant.
What Can Employers Do to Prevent Issues?
Start with clear communication.
Proactively remind employees about the expectation to have childcare arrangements in place and invite early conversations if they’re struggling. Offering flexibility where feasible can foster goodwill and reduce disruption. Make sure any communication is consistent across the workforce to avoid discrimination risks.
Documentation is key. Keeping a record of expectations and discussions can protect your business if issues arise later.
Can We Ask Employees About Their Childcare Plans?
Yes, but apply it fairly.
It’s fine to ask about childcare if it’s relevant to operational planning, but the question must be posed to all employees, not just working parents or women. Singling out individuals could lead to discrimination claims. Frame it as a general discussion about availability during the school holidays, and approach it supportively.
What If an Employee Can’t Find Childcare?
There are several types of leave available:
- Annual leave – paid and subject to approval
- Unpaid parental leave – available to employees with at least one year’s service (up to 4 weeks per child per year)
- Time off for dependants – short term and unpaid, for emergencies only
Encourage employees to plan ahead where possible. If you require advance notice for parental leave, remind staff early to avoid last minute issues.
Can We Require Staff to Have Childcare in Place While Working from Home?
Yes. Employees are expected to be ready and able to work during working hours, even from home.
That said, every situation is different. Some roles may allow for flexibility, such as working later in the day when children are asleep. If productivity is affected, you can request that appropriate arrangements be made. Be clear about expectations and have supportive conversations if issues arise.
What If Childcare Hours Don’t Cover the Full Working Day?
Holiday clubs and childcare providers often operate on shorter hours or in less convenient locations, which can lead to requests for adjusted working patterns.
Where possible, offer temporary flexibility. For example, adjusted start and finish times, compressed hours, or agreed remote working. If that’s not practical, employees may need to use annual leave or unpaid parental leave to bridge the gap.
What If You Suspect an Employee Is Being Dishonest?
This is often a grey area.
If the employee is working remotely, it can be hard to evidence that childcare is affecting their work, but if there are concerns, address them early. Have a conversation, clarify expectations, and explore support options.
If there is a clear breach of trust or a misrepresentation (for example, claiming to have childcare in place when they don’t), this may be a disciplinary matter. But always consider the context. Mental health concerns, for example, may call for a different approach.
When Can Disciplinary Action Be Taken?
Disciplinary action may be appropriate if:
- An employee deliberately ignores instructions to have childcare in place
- There’s clear dishonesty or misconduct
- An employee misuses their entitlement to time off
That said, each situation must be reviewed on its own merits. A last-minute childcare breakdown is not the same as a repeated failure to follow clear expectations. If you’re unsure, take advice before acting.
Need Support Managing Working Parents This Summer?
We understand the challenges employers face during the school holidays. Our employment law and HR specialists can help you:
- Review and update policies
- Handle time off and flexible working requests
- Address performance and conduct concerns
- Stay compliant while supporting your team
Call 0333 888 1360
Email [email protected]
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Ongoing expert support, fixed fees, and practical advice whenever you need it.
