Appeal?

[Kelly1999x]

Hi.
I am a teacher and work full time, my baby will be 8.5 months in September. I made a request to work part time 3 days until Christmas and then 4 days Easter but it got rejected. They said I coudl do 2 days, I simply can not afford 2 days a week. Has anyone appealed a decision like this ?? Is it worth appealing? They have not followed the aacas code (my friend is a lawyer) is it worth it? Or I’m thinking going back a day befkre summer holidays complete my 13 weeks (so I don’t have to pay the mat pay back) and find something else?

I’d contact your union local or regional office for some support and advice.
They will have lots of experience of similar situations. Good luck.

Sorry your first post is a bit confusing. Do you mean you're currently on maternity leave and were working full time before you went off. Now you are thinking about going back to work you've put in a flexi working request to work 3 days for the autumn term and then 4 days for the spring term and they've said no, but counter offered with 2 days per week? Presumably the other option is to go back fulltime? Presumably the 2 days per week offer is to do a job share with an exisiting member of staff? Could you counter offer and say you'll go back 3 days for both the new school year and they could find a job share for the other two days? As presumably the diffcuty for them is finding someone to job share 2 days for 1 term and 1 day for the next term?

Have you spoken to them about their reasoning?

Is the 2 days they are offering for just until Christmas or forever?

It's possible that finding temporary cover for 2 days is difficult for them but finding cover for 3 days a week is easier.

Sit down with your boss, explain that you need 3 days minimum for it to be financially viable, and try to come to an agreement.

But I'd be prepared to give up the gradual/staggered return, or extend it to a full year of less days. Because in my experience finding someone to do a temporary job share where the hours drop off gradually is a nightmare.

Can you work there for 2 days and then 2 at another school?

I think you're going to have to give up on the staggered return

Which bit of the acas guidance have they broken. They have 56 days to consider your request and meet with you. There are 8 reasons why a flex working request can be declined and only one of them has to apply. You have the right of appeal, so appeal if you have a sound basis.

This has nothing to so with whether you can afford to return for two days a week and everything to do with whether it is viable to alter your contracted hours. They can't give you exactly what you want so have offered two days per week. If you don't like that then you can return to your substantive hours.

Do go ahead and be difficult about what they have offered if you cannot accept a "no". Wind them up and watch them go, when ever you need some support or flexibility.

Not sure if this is allowed no one can give me an answer on this not even union

You’re not sure if which bit is allowed?

They’re legally allowed to say no to your request if it is for one of the prescribed reasons.

They’re allowed to counter offer to show they have considered your request reasonably.

Maybe you’d have more luck asking for a fixed 3 or 4 days rather than the staggered option? Going straight into 4 days would cause less disruption to the business I’d have thought!

Not sure if what is allowed? Turning down a flexible working request? Of course they are allowed, they have to give a specific business reason but that is generally not hard to do.

No sorry if Im allowed to do supply the other days if I said yes to 2 days

Ah I see - your contract should say whether you’re permitted to work elsewhere!

@Kelly1999x i would say yes to the 2 days provided you can do supply on the 3rd day. Get it in writing.