Flex work request denied- appeal

[Namechange1234589]

Hi I am after some advice regarding my appeal letter for the rejection of my recent flexible working request. I asked to return from my 2nd maternity leave on 0.7 hours which has been rejected with no counter offer made or any discussion at all with employer offered to explore other options.
After my first mat leave I returned to this same.role 0.8. Once my eldest began receiving her 30 free hours I returned to full time work for a few months before commencing my second maternity leave.
During the time I worked this role 0.8 there were never any complaints from employer or line manager nor any other colleagues or stakeholders (that I am aware of) and I believed I was doing a great job and still do.
Since submitting my flex work request I was informed by a colleague (also currently on mat leave) that she had been told by her line manager that someone at senior level told her line manager the top dog no longer wants anyone working the role my colleague and I work part time. Both she and I have previously worked the role 0.8 as well as full time.
There are only 7 of us who work this role within the business. 6 of us are female. Having looked at Unison guidance it seems that if the boss is unofficial taking a blanket approach to the working pattern our role can do the this could be indirect sex discrimination? The issue of course is that in rejection letter the boss has listed detriment to quality of provision for 3 separate things as reason for rejection.

The appeal will go straight to the CEO of business. Should I include in my letter that I am concerned my request wasn't fairly considered because it seems anecdotally the boss has told the senior team that he doesn't wish anyone in this role to be part time anymore? Or because I only have anecdotal evidence of this being said ( although it has come from a trusted source) should I leave it out entirely and not mention at all in the appeal meeting either?
My DH says don't put it in writing as it will look like I am a sour grapes person spreading gossip.
I genuinely feel this is discrimination though and how else do I prove it without notifying the CEO of this comment?

Thanks if you've made it to end of this post!

The job share gave other staff second to none CPD at no extra cost. This then meant there were very capable people able to step in and cover maternity leaves when needed.

Presumably your deputy can get this invaluable experience (if you grow her in the role as any good manager would) without you having to work 0.8 and force her into 0.2. As you said, every year the deputy changes and what if it is a year that the deputy does not. Your school would have to manage all that. Senior roles are ft for a reason.

It is the school's loss if they lose you. Especially if you are as good as you say.

We have a designated non-teaching support worker who works with vulnerable students for these sorts of in depth conversations, urgent conversations etc. Reason for this is because heads of year and deputies have v heavy teaching loads still and even when in school will not often be available at drop of hat for convos with students/parents/social workers etc. because we are teaching 4 or 5 lesson days. I will have students I regularly see or mentor around behaviour or punctuality and I will meet them at a set time and day weekly or fortnightly. When part time I just didn't book meetings for the day I was absent.

Sorry op I'm with your employers on this ...
You asked to go full time they said yes because it suited them and the service needs
You've now asked to go back to part time and they've said no because it doesn't suit them and the service needs
The fact that you did it part time fine before is probably not going to have much sway. It's a school so they can cite a million reasons why it doesn't suit right now to reduce your hours.

@blueshoes this is true. However imagine your interviewing for a Head of year role. 2 candidates, same on paper and in person except one has the experience of acting as a Head of year 1 day a week and references say they do very well. The other has worked full time as a deputy, done lots of stuff but in deputy capacity only still. Who will you go for? There is nothing else that can match actually being given that chance to step up- in my opinion anyway.

@Lizs returning after 2nd child, cost of childcare has increased anyway since dc1 was in nursery, but also increased for us because the family member who used to provide us with some free childcare after birth of child 1 can no longer do so. Rise of cost of living such as increased mortgage payments, food costs, energy bills means we cannot absorb that extra childcare cost as easily as we would have done previously. We also have dc1 needing wraparound care on days dh and I are working, not as expensive as full nursery days of.course but still an additional cost. Maybe if teacher pay had risen in line with inflation our finances would be looking healthier.... but no guarantee still even if my wages had done that!

OP have you spoken to your union yet? It is so incredibly common in teaching to have part time working, and you have already done this successfully (if it wasn't successful this should have come out in your annual reviews). I would follow the formal appeal process but do speak to the union for advice about it first.

@MMistressIggi agree that part time working is common in teaching although not so much once you hit middle leadership roles and almost unheard of at senior leadership level. Deffo no coincidence that women make majority of secondary work force yet are under represented at senior leader level.... anyway I digress.
Yes I have contacted union. Said I would be contacted by a case worker within 5 working days. It's been 6 and nothing....
Someone mentioned to me today to check my home insurance for legal cover and happily I did opt in for that. So will be phoning them tomorrow to speak with employment solicitor to see if they have any advice or guidance. They may not do but thought worth a try!

No advice I’m afraid @Namechange1234589 but I share your frustration.

I was in a senior pastoral role (non-teaching), worked in the role successfully for a number of years. I asked to drop to part-time hours when I returned from mat leave and was told that the role was not suitable for part-time staff as they needed someone on site full time, and they didn’t want the inconsistency of a shared role.

I ultimately accepted a basic part-time role in the same school, multiple pay grades below my original salary. Sadly it is clear that I will not be able to progress until I resume full time, all new roles are advertised as full time, and they just don’t consider part-time for anything other than the lowest paid, most dead-end positions.

The sad irony is that the school have struggled to fill multiple vacancies, some of which I would have been more than capable of doing, and therefore posts have remained empty for months.

Education is not a flexible sector, and it is decidedly backwards compared to many other industries now. Middle / senior management positions seem totally unattainable for anyone who isn’t available to work more than full time (our SLT routinely work 7am - 6pm on site, plus more evenings / weekends). There is a culture of martyrdom, if you’re not working to breaking-point, you’re not working hard enough. If you have other commitments (family / children / anything), then you’re not dedicated enough.

The system is broken, and it’s too busy fighting fires and trying to tread water with outdated systems to think strategically or move forward to a more efficient and effective way of operating.

Another one who can't see how you can be a head of year if you're not there every day sorry. As a parent I wouldn't be impressed if there was an issue I had to speak to you about and I had to wait 3 days (I'm presuming it's a Friday you would have off).
I feel for you, I'm also on ML and will have to go back FT. I tried dropping a day after my first baby and it only lasted 6 months as it didn't work for me or my employer. Some jobs are not suited to anything but FT, I can't see how this can be classed as sex discrimination.

I totally agree teaching is very inflexible and will struggle to get staff as a result now that most jobs are hydrid WFH. The only advantage with children seems to be holiday childcare when they are school age. The waste of talent of women in their 30s and 40s who are working PT is pretty depressing.

For those parents saying they wouldn't be happy not to speak to a head of year for 3 days - why is it unacceptable for urgent issues to be dealt with on site by the deputy and to recieve a call from them/more detailed follow up later? Do you expect all issues in all industries to be dealt with on the day? Do you never have professional dealings with anyone who is part time?

Op your employers are shooting them selves in the foot. It's going to be their loss when you leave. Teaching is so inflexible at times.

It does seem off that they'd just reject it, no discussion. I don't work in a school but have been through a flexible working request and had meetings and all sorts and a trial run.

Especially if the day off is a Wednesday, it has very minimal impact then. Or a Friday and it's just a long weekend.

@poison I'm so sorry that happened to you. Your school sounds utterly idiotic that they would rather leave posts unfilled than have the imagination and courage to consider a job share. You're absolutely right that as a result of schools' complete inability to join the 21st century and look at flex working options there are a whole host of former female leaders aged 30-45 who are just abandoned and consigned to the scrap heap. The Dfe have actually just finished commissioning some sort of flex work consultancy project. Zahawi knows the sector is haemorrhaging teachers and rightly is looking at the reasons why. They now have ambassador flex work schools in each area of UK. I will certainly be suggesting my school refer themselves to be mentored by one following this absolute shit show. Clearly it's an area they need to work on.

@mummy I would accept any day as day off however typically part time staff at my school have Mon or Fri because the other 3 days are days after school meetings and evening events are scheduled for. Also echo PPs query of why wouldn't you accept speaking to another member of the year team to deal with your query? I could be in school and due to after school meetings etc not be able to respond.to you immediately and ask someone else like deputy or tutor to phone you instead. Also would love to know what other sector- aside from emergency services- you expect to speak to the person you need at the very moment you call? In real life just this week I've had to wait for call backs from people I've phoned who weren't available at time I rang. I couldn't really care less why they were unavailable- could be they are part time or with other clients or off work ill etc. So long as I get contacted back within a reasonable time period- 48h- by someone who can assist that is all that matters to me.

@smileypiu yes, the outright refusal with no counter offer of other part time options eg 0.8 or consideration of a trial at 0.7 or 0.8 is very galling.

@Namechange1234589 it would have to be something serious for me to have to speak to a HOY, looking back to when I was at school I doubt my parents ever knew who my HOY was. But if my child came back from school on a Thursday with an issue so serious that I needed to discuss it with you, can't you see why I wouldn't be impressed to find out you wouldn't be in work until Monday? I would expect to speak to you that day, like I say it would have to be something serious for me even need to contact you in the first place. If it's a one off for example you're on a course or away on a school trip then fine. But to have such an important job yet to be off for one day every week and that's supposed to be okay? TBH the fact you can't see my point of view (and it's likely what the school is also looking at) shows YABU.

I am also a teacher and requested flexible working when I returned after mat leave. I requested 0.8 and was granted, HR did explain to me that this was a permanent move as they recruited someone permanently for the 0.2 share. I'm all for flexible working in teaching but you can't keep swapping and changing....it messes everyone about.

@mumummyh2016 I promise I'm not being obtuse. I just genuinely don't understand why you couldn't discuss it with the other person who works with and for one day week leads the year group? They would be dealing with it in the same way I would- within the school's procedures and policies? Also, on a slight aside, most teachers' contracted working hours are 8.20-3.20pm. I know majority of my students get home after that time, so although you may want to speak to someone at 3.45 or 4 you could find that staff member has finished for the day as per their contract or that they're in meetings then will leave straight after that. You would then need to leave a message and it would be picked up next morning.
If my DD has an issue at nursery I am happy to speak to any member of staff that works in her room. I don't insist I can only speak to her keyworker if they aren't available. It doesn't matter to me who I liaise with so long as they know my child and resolve my concern or query satisfactorily.

@russell I'm glad you got the flexible working you wanted. You are allowed to submit one request per year. This is what I've done. Not sure how that constitutes people messing around? People's lives and circumstances change- presumably the reason why legally you can submit one request a year to reflect that you may have changes in your circumstances. Schools employ human beings last time I checked and they need to treat them as such.

I think the (mainly unfounded on fact) negative attitudes towards flexible working from some on this thread is incredibly depressing. Thinking something wouldn't work or you wouldn't like something are not to my mind good enough reasons for refusing a request- especially when there is evidence to contrary that a job share did work very well for 2.5 years.

Call the union back OP. It's dicey to contact an independent lawyer as you can't have the union act for you if you take action separately. The union will have far more experience of dealing with such matters within education, and the replies on this thread show it's not always understood elsewhere. My dc's guidance teacher (similar to head of year in England) is actually a job share, and I have known deputes to work part time. With some imagination it can be done - but since it's something more women want/need to do, and the majority of those in power in schools are still men...

OP I was doing some research on work life balance and flex working in education recently. I'll fish out some links for you to support your case and post them later.

Thank you @mistress I will chase them today. I didn't realise that they wouldn't support if youve sought independent legal advice! Just as well you mentioned it.
Also totally agree- it is mainly a total lack of imagination and willingness to try things a different way that sees school refusing job shares in leadership roles. And- as you've rightly pointed out- the fact it's predominantly women who want/need leadership job shares but men making the final decision on it. The patriarchy never sleeps does it?

Thank you @fizz that would be really wonderful :)

You're being selective now regarding reading what I've put.
I'm aware teachers finish at 3.30pm or whatever which is why I said if my child came home on a Thursday I wouldn't want to wait until Monday. I've already disregarded the Thursday as I know it would be very unlikely I'd be able to speak to you that day.
I've also said it would have to be something serious to even speak to you, small issues can be dealt with by the child's form tutor. I'm not going to be talking about my child's detention with you let's put it that way. If it's that serious I need to speak to you then imo its unreasonable to expect me to wait how many days for you to return to work.
You can't compare nursery to high school, and if it was a serious issue I doubt you would be happy speaking to anyone but the child's keyworker or nursery manager.

Sorry if I missed it but does someone have to backfill the deputy’s job while the deputy is covering the day you don’t work?

You honestly don't think it's a good reason to refuse a request if parents and schools alike believe doing the role you do means you should be there every day?
Schools will understandably want you there every day. And I bet you won't find many parents who don't think you should be there everyday either. It's not as though you work stacking shelves ffs.

@mummyh2016 I'm sorry you feel I'm being selective. Would you find the situation more acceptable if like a PP said was the case with theirs that the jobshare was permanent and both staff were called Head of Year?