Is this a good enough reason?

[Lovelycuppaooh]

I'm due to return to work following maternity leave. I work in a large nursery (non room based, am in a training/ development role so never needed in ratio)

My flexible working request has been denied. Due to childcare issues in the holidays, I have requested to return term time only. The reason they have said No is because if they offer it to me, then other people might request it and won't be able to do it. I'm a bit peeved about this response tbh, surely it should be approached on an individual basis? AIBU?

Do you meet the 26 week timeframe and did you write the request correctly? See here: workingfamilies.org.uk/articles/flexible-working-a-guide-for-employees/.

If they directly said it was due to other possible requests then you can ask to appeal and link them to valid reasons information; talk to ACAS for advice. workingfamilies.org.uk/articles/what-to-do-if-your-flexible-working-request-is-refused/.
www.acas.org.uk/flexible-working

How did you manage the childcare issues during school holidays prior to your maternity leave? I am assuming the childcare is for older children as the one you have recently had won’t be at school yet. How has this new addition changed the arrangements for the other children?

Yoir employer has a point. Many working parents have to work during the school holidays. Businesses would grind to a halt if every employee with children took 13 weeks off every year.

MRex, thanks for your reply. Yes, I meet the 26 weeks time frame, and I put the request into writing. Looks like I'll be on the search for another job , it's just frustrating because I know the job, and that it would be possible. They didn't cover my role for maternity leave so they've managed without me for a year !

Bigchesterdrawers - we had help from family and my eldest was in nursery. Due to ill health , family cany help anymore ( totally understandable )However, now she's in school they don't offer summer holidays provision. I've tried local childminders but they're either all full or won't take her because of her age and because of it being in the holidays only.

I absolutely get what you're saying , but I'm office based so don't work directly with the children , therefore would not affect ratios or number of children.

Yes it’s a good enough reason. It doesn’t make good business practice to have term time only employees.

If you are gong to negotiate, it is worth seeing where you can give a bit, e.g. arrange a few summer camps and reduced hours in that period, plus some built-up hours to cover the other holidays.

Yes , I have offered some flexibility ,eg working reduced hours over the holidays. I would also of course cover any sickness etc if they were struggling. However, looks like it's not going to be possible :(

I understand that it doesn’t affect the children or ratios. But your job still needs to be done. The employer obviously believes that there is a need for you to be there year-round.

And it will set precedent. If you are granted term-time only then everyone will request it and expect it and use your experience as evidence that it can be accommodated.

Your family issues are not your employer’s problem. Maybe delay your return to work until the start of term and that gives you until October half-term to figure something out.

How would you cover sickness if you don't have childcare?

"Setting a precedent" is not a valid business case for turning down a flexible working request, so you can challenge them on that.

I'd be slightly worried if they've managed without you for a year; most nurseries don't have slack to employ anyone non-essential. On the other hand, you think they'd be biting your hand off if you're offering to go term-time only - they'd keep your expertise for less money.

Firstly appeal on the grounds they can cope with you doing TTW. Their refusal is based on a theoretical situation. Refusing others is a separate consideration at the point they apply, dependent on their role etc. Just because in theory they don’t want to have difficult conversations with others is not your problem.

Secondly, you are entitled to parental leave, yes it’s unpaid but so is reducing your hours. You get 18 weeks in total for each child with a maximum of 4 weeks per year. You get it per child and DH can also get it.
If you plan it strategically with your annual leave you only lose 1 weeks pay in a month e.g. 1 week Christmas, I week Easter, 1 week July and 1week August. If DH also takes 1or 2 weeks in the summer .
Put your application for the year in asap.

Thirdly, suggest they look at reverse TTW/ job share and offering roles on that basis e.g. you do 30/32 weeks and your job share does 22.2/20.2 weeks. There is a lack of creative thinking around flexible working and more “radical” solutions are often not thought about. As your role is training & development they may find students, those looking to ease into retirement, retired people etc. who want to work during school holidays and would be attracted to these hours.