Flexible working request following maternity leave denied

[Moll172]

Currently on Maternity leave with my now 5.5 month old. I work as a TA in a primary school and intend to return at the end of July (just in time for the summer holidays 😏) so need to start getting babies name down for a childcare place.
Before maternity leave I worked full time 32.5 hours a week 8.30-3.30. On my return I am requesting to work 22.5 hours 8.30- 1.00pm. Which are the hours other, already part-time, TA’s do. My reasons being 1. My mental health - leaving baby this soon is going to be really hard considering I had the luxury of 3 years at home with my eldest. 2. Financially I am better off working the part time hours and saving on the additional childcare and after school club fees than I am working full time hours (I only actually gain 6 and a bit hours pay once you take off the 45 min per day unpaid lunch break).
I have emailed my head and asked informally to pretty much be told they don’t intend to allow me to make the switch as they ‘do not intend to create any additional part time positions’. She’s advised I complete the formal request which will be followed by a meeting to discuss but judging by her response I’m almost certain the answer will still remain a no. If so, I intend to appeal the decision, with the help of my union, however still do not hold out much hope as the union have stated I do not have a statutory right to flexible working and the school do not have to create a role to fit my request.
Does anyone have any advice on how I can win the case??
Since going on maternity, although the school have hired additional staff since, my position specifically has not been covered by a ‘maternity cover’.

Honestly if they'd need to find additional cover from 1-3:30 I can see how they wouldn't want to create a job role (I think it would be quite hard to fill as well) so realistically you may not win this one. It doesn't really matter that they've let others do it in the past/have others on those contracts.

Are there any other schools nearby that might take on a TA with those hours? That may be your only option.

No advice , but I will say that a friend of mine got turned down in almost the same circumstances , as too many women were returning from mat leave requesting similar hours and it simply wasn't going to work for the employer .
Having said that good luck, you can but try & if they really don't want to lose you they may bend !

But you do not have a statutory right to flexible working and the school have absolutely no obligation to create a role to fit your request. There isn't a way to win this. For every TA who finishes at 1pm the school has to work out how to support children with additional needs between 1pm and 3:15pm. It's legitimate for a school to say that it doesn't fit their needs to accommodate your request.

Your statutory rights are (a) to return to the role you left before ML with no changes and (b) to request changes, which they must consider but have no obligation to agree to if it doesn't suit them.

It will be almost impossible to find someone to work the afternoon hours. I don’t think you will ‘win’ this I’m afraid and I understand why. Sorry.

If the other part time TAs are all working mornings, can you offer to work afternoons, so covering gaps they already have?

If you have any chance you need to describe how it would work for the school not the 2 reasons being its better for you.

The most successful flexible working applications I see highlight how that pattern works for the business, yours seems to leave them with gaps they will be unable to fill.
Also it doesn't seem like you are asking for flexible working, but a reduction in hours.
Could you work later to balance others?

They really aren’t doing anything wrong. The fact that there are other part timers is actually in their favour, not yours. They need full time positions due to others only being part time. They don’t have a part time position available, and finding someone to fill 1pm to 3.30pm is very very difficult so a job share isnt possible.

It isn’t in the interest of the business, and that is a legitimate reason to say no to a flexible working request. Accept that it’s a no or look for a new job.

You need to submit it formally to see what the business response is.Realistically a job-share for 12.5 hours ow is likely to prove difficult to fill. Would you be willing to return on previous hours in July and perhaps start new hours in September, by which time another TA may move on?

I would have thought some schools would be happy with this. Lots of the schools near me cut classroom TAs to morning only to save money. However if your school say no, you can't do much other than apply for other jobs.

This, the school has no obligation to accommodate your request.

This really, totally different field of work but I've just had my flexible working request agreed on a 3 month trial basis, and 90% of the case put to my employer was how I propose it would benefit them / not negatively impact them, with 10% why it will better suit me. If there isn't a reason it will benefit or at least not disadvantage your employer then unfortunately I think they've every right to refuse it.

edit: Sorry meant to quote @Helpfullright.

I think you need to be flexible so that you can compromise with them. They might say do XYZ afternoons and XY mornings etc. You're asking for very specific hours with no alternatives for them to consider.

They have a school to run and unless you can demonstrate how this won't be detrimental they have every right to refuse

Can you have another discussion and find if there are any other options, I'd have thought 3 full time days a week would make a lot more sense from their point of view, hiring someone else for 2 days could work, finding someone for 2.5 hours each day seems unlikely.
Or if they have other staff on the hours you want can you do the opposite, ie 11 onwards so you overlap with the other part time staff.

If your head had said they're likely to refuse it I'd go back and ask if there's a different arrangement that would work better for them.

Eg reducing the number of full days or as others have suggested doing afternoons instead.

Also you need to highlight why it's beneficial to the school

There's no minimum hours to be considered 'full time'. But mostly anything over and including 35hrs pw is considered FT. Most businesses would seem 32.5hrs a week to be part time. You're asking to reduce already part time hours further. And quite specifically too. I completely understand why you want to cut your hours. But this isn't a flexible working request. It's a shame. But if they feel they need someone in the role PT for 32.5hrs weekly and that's no longer desirable or achievable for you, I'd look for something else. There isn't a case for you to win, I'm afraid. It is really difficult and I wish you all the best.

You might have more luck OP asking to work less days.

Is your head open to explore other p/t options? If you worked until 1:30 to cover lunch duties? If you worked in a different year group that only required TA support in the mornings? Or if you switched to 3 full days instead? Good luck with the negotiations.

Your reasons are irrelevant to the application. You need to set out how your proposal won't negatively impact the school or its operations. Can you do that?

To be fair 32.5 hours is full time at a school. I'm a teacher and our contracts say 32.5 hours even though we work about 100 a week. So she isn't asking to reduce already part time hours- she's full time.

I would be very careful around your language when you talk to them.
You are asking the school for a big favour. Yet you are using language like ‘appeal the case’ ‘win the case’ and talk about involving the union. As many have said, you don’t have a good case. You just have personal wishes.
You comes across quite entitled/ argumentative.
You need to make them want you, not be put off by you.

The school can't accommodate your request to go part time. You need to look for another part time job. You be better spending your energy doing this rather than going through a union process

Can you make it work if you do 22.5hrs/wk working 11-3.30 instead?

You could then offer school the benefit that you'd need no paid lunch break as only working 4.5h per day so can cover other people's breaks, and your hours would complement those of other part time workers providing better cover throughout the day. You need to think of the benefits to them not to you.

Or could you live with a 60% role working M/W/F 8:30-3:30 so that they could recruit someone else for Tu&Thu? That would be a lot more practical for them to recruit for compared to cover for a ridiculously short 1pm-3:30pm slot.

Apply for other jobs. Schools in my area are crying out for TAs and lots would be happy to agree to those hours! Your school doesn't have to though, maybe consider 4 days as this will be easier for the school to work around?