Flexible working in schools

On 25 August 2026, the Department for Education updated its non-statutory guidance, Flexible Working in Schools. The guidance aims to help schools and multi-academy trusts develop effective flexible working policies and support employees seeking flexible working arrangements.

Flexible working is defined as arrangements that allow employees to vary the amount, timing or location of their work. The guidance encourages schools to recognise that flexible working is not a one-size-fits-all solution and that arrangements may need to be tailored to individual roles and circumstances.

All employers have a legal duty to protect the health, safety and wellbeing of their employees, and a clear flexible working policy can play an important role in meeting that obligation.

Types of flexible working

The guidance highlights the following practical arrangements:

• Part-time working: part-time roles, job shares and phased retirement.
• Varied hours: annualised hours, compressed hours, and staggered start and finish times.
• In-year flexibility: personal or family days, time off in lieu during term time, and remote working during free periods or other non-contact time.

Research commissioned by the Department for Education found that flexible working can improve work-life balance, support personal commitments, enhance staff wellbeing, and strengthen recruitment and retention.

Reflecting these benefits, the Department for Education has promoted the wider adoption of flexible working through the Flexible Working Ambassador MATs and Schools programme, supported by case studies, webinars and practical toolkits. The updated guidance reinforces the importance of embedding flexible working within workforce planning across the education sector.

How employees request flexible working

Employees are encouraged to discuss flexible working informally with their employer before making a formal request including the potential benefits, practical options and whether a trial period may be appropriate.

Requests can be made through either a statutory or non-statutory route. Employees have a statutory right to request flexible working from their first day of employment and may submit up to two requests within a 12-month period. Requests must be submitted in writing and employers are required to consider them reasonably and provide a response within two months.

Non-statutory requests may be used for temporary, informal or one-off arrangements that do not necessarily require a contractual change. When making a non-statutory request, employees should follow the process set out in the school or multi-academy trust’s HR or flexible working policy.

When considering a request, employees should familiarise themselves with their school's flexible working policy and consider practical issues such as workload, finances and the impact on their role. The guidance also stresses that flexible working should not be viewed as a barrier to career progression and that leadership and teaching responsibilities can often be accommodated through appropriate arrangements.

How employers respond to flexible working requests

The guidance recommends that requests are considered fairly, promptly and without discrimination. Schools and multi-academy trusts are encouraged to adopt a strategic, holistic approach to flexible working by implementing transparent policies, reviewing workplace practices and exploring solutions to common concerns such as cost, leadership responsibilities, and pupil attainment. The Department for Education suggests that many challenges can be addressed through effective workforce planning, trial periods, job-share arrangements and clear communication.

What should schools and trusts do now?

This latest guidance reflects a growing expectation for schools and trusts to embed greater flexibility within their workforce strategy. We know that in the education sector schools and trusts already utilise a wide range of flexible working options such as part time; term time only and part year working. Some trusts have developed 9 day fortnights; remote working for non-contact time in addition to job shares; compressed hours and personal days during term time. In order to attract and retain staff, which has been an area of concern in the sector in addition to promoting employee wellbeing and motivation schools are trusts should proactively review their policies and practices to ensure they can embrace and support flexible working where appropriate.

Harry Silverman is a Trainee Solicitor and Ruth Rule-Mullen is a Partner and Head of Public Sectore Employment at Forbes Solicitors.