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’.

Everyone has the right to request flexible working, but the employer doesn’t have to accept.

But you’re just asking to cut your hours, OP

I am at a loss as to how it saves the school money, they will still need to cover 1-3pm, be a very difficult role to fill, not many ppl want to work 10hrs pw

What time do you need to leave to collect the eldest? If you could stretch your end time closer to hometime maybe they would consider? Are your children already in breakfast club?
Many children have ECHPs that specify 1-2-1 support all day. As a parent I would be straight to school and beyond if my child wasn’t getting the support agreed in a legal document.
Can dc dad share pick ups at all? so that they don’t have such long days in childcare (if that is a concern).
Otherwise, try asking for 3 whole days. It is hard rtw after mat leave, at least as TA you get lots of holiday time with them. I would try and find a solution that works for the school and you. Otherwise , you will need to find a new job and getting PT hours that suit is really tough.
We have had many different combos of childcare/working hours through the years, DH worked PT for a bit (while I was FT), more recently we have swapped. I think sharing work and childcare really helps relationships (both between parents and children) and sets a good example.
I have also found that full time working is easier while they are younger (lots of chilcare possibilities and mine were keen for after school clubs until they reached the age of 8-9 then they really really wanted to go straight home after school). Perhaps you can power through the next few years and make alternative arrangements when they are older?

The fact that there are so many others already doing shorter working days may well be the reason they are saying "no" to you. I think it is easy to think that, as others do that, you will be able to be granted the same but actually it probably increases the need for afternoon cover as the school are already operating with fewer staff then.
To give you some hope, OP, I can think of at least three TA roles at my DC's primary where the role is done as a job share, usually with a 3 day/2 day split. Two of these roles are 1:1 support roles and the other is a classroom TA.

Working 3 full days might be a better fit rather than those half day hours
Working 1-3.30 isnt going to suit anyone else, so those hours won't be covered.
Your MH is not their concern unless you have a diagnosed MH illness and OH make a recommendation that your reduced hours would be a reasonable adjustment.
Emphasis on recommendation-employers don't have to agree.
I wouldn't go in with " you haven't needed me for a year" as they will likely take you at your word !

The fact you are returning in July suggests you need the money -July start so you get paid holidays?
8.30-3.30 would be dream hours for most people so I would suggest that,possibly working 4 days and then Fri, Sat, Sun off .
Ultimately if its going to affect your MH that badly then you need to make that call and leave until your LO is 3 .

Yeah, you’re not approaching this the right way I’m afraid. You have no case because they don’t have to offer you the hours you want. Rather than going in with guns blazing, you need to see it as asking them for a massive favour. Others made good suggestions on how to work with them to find a way that doesn’t affect their business.

I think you'd be more successful if you job shared half a week with someone 2.5 full days each, I know that doesn't work out financially so good for you though. Seek advice from your union and look at other schools too.