Employment Law... Could anyone offer employment advice?!

[PartTimeTeacher]

I posted my (very long) problem on AIBU and someone suggested I may get more helpful responses on here.

The full details are on my original thread: https://www.mumsnet.com/talk/am_i_being_unreasonable/5026583-aibu-to-fight-back-in-these-circumstances-employment-related?page=2&reply=133698649

If anyone would be kind enough to take a look and see if they think I have a case, I'd be very appreciative!

bump...

They have a contractual right to change your working pattern. It's fairly clear cut. Your flexible working request was refused on the basis that it would be difficult to get someone in to cover one day a week and that is a very standard response because it's probably accurate.

@HasaDiga, I understand that they're able to do this. I also know they should have offered a consultation where I was able to discuss the change before they changed my contract.

They have only decline my (very informal) request based on the fact that they'd be unlikely to find cover for 1 day. My argument to this would be as follows:

a) there are 3 other full time teachers within the unit. Therefore they would not need to recruit any additional staff members as they would be with the same teachers they are with on the days I'm not in anyway.

b) if they are concerned about the impact that the reduction of my hours would have on pupils, why weren't additional staff recruited as a maternity cover to support these children in my absence while on mat leave?

Does anyone know if these are good arguments in the case I appeal their decision?

A) this is your assessment of how many staff they need not theirs
b) this was a temporary measure

What do you think you might have a case for?

@HasaDiga, sorry to be blunt but do
you have experience in employment law? I obviously do not, but it's my understanding that when submitting a flexible working request, it's down to the employee to evidence how/why it won't impact the workplace. As this was their only concern, it seems valid to put these arguments forwards if I make a statutory request going forwards. It's not something I'd thought about previously as all of the conversations were very informal.

@HermioneWeasley, my intention moving forwards it to submit a formal request. As they've denied my request for 2 full days and would prefer my hours to be spread over mornings, I'll be requesting the following possible solution: X2 mornings (Monday/Tuesday) and a full day Wednesday. This would equate to roughly 2.5 days equivalent so slightly less than I'm working now but more than my original request. It would also mean I could avoid working Thursdays. I'm
not sure they'd accept this as it'd mean I'm not in Thursdays which they seem to be after but I feel it's worth a try. My union have already said they'll support an appeal.

25 years as an employment solicitor

😆

@HasaDiga, in that case thank you for sharing your expertise. Although, I feel my point was still a valid reason as to why the school does not in fact require another member of staff (given that I'm not working as a job share with sole responsibility for a class).

It’s an argument worth putting forward but if their position is that these hours are the lowest they can accept then thats a strong position. You’re effectively saying they don’t need your role at all because they cope without you on the other days, which is a tricky path to go down.

if they feel they need an extra pair of hands and three days is the lowest they can get away with to deliver the service in the way they want to deliver it then thats a fairly strong argument.

I'm an employer, OP (not education), and I have dealt with many flexible working requests. We grant most of them, but we often ask for compromises. The employee has rarely understood the true effect on the employer which, to be fair, is difficult to do because an employee often doesn't have a full picture of staffing issues.

I would avoid being too didactic about what your employer could or should do. Observations like "Why didn't you get maternity cover for me, then?" may not help your cause, given how hard and expensive it is to get suitable mat cover. You want to prime them to want to help you, and you don't want to make points that they can easily shoot down.

Use your union to approach this as a formal negotiation.

@HasaDiga and @MissLucyEyelesbarrow, thank you both. You've both made some good points here - I wasn't planning to mention the lack of maternity cover to my employer. It was just an observation that I thought I'd mention incase it might help down the line if I have to go through an appeal.

I understand that they have the right to decline the request but feel their reasonings aren't valid in my particular circumstances, which I suppose is my point. The role I'll be returning to isn't a job share which relies on two (or more) staff members to fulfil the role. The PT members of staff are used in separate units and as supplementary staff members to allow more tailored learning to smaller groups.

Maybe I'm just clutching at straws in my thinking but, honestly, I'm super stressed with my new timetable. I'm not sleeping and I'm constantly anxious and thinking about this situation/work. It's spoiling my maternity leave and I am feeling quite upset that they haven't even offered a consultation so we could have discussed other options before they went ahead and made such a significant change.

The link isn't opening for me, but I remember a situation at work when I was being bullied by a colleague. It was very stressful, and I didn’t know what to do at first. I started keeping a record of all the incidents, noting down dates, times, and what happened. After that, I talked to my HR department about the situation. They helped me address the problem and took some action. If you think you might have a case, it’s important to know your rights. You can check out employment law here for more information.