Planning and preparing for your flexible working request
Holding a consultation meeting with you
The right to be accompanied
What happens after the discussion?
What happens if my request is agreed?
What happens if my request is refused?
Can I appeal against a decision to refuse my request for flexible working?
Unlawful discrimination
Flexible working application flowchart
Further advice and guidance
 

The purpose of this further advice and guidance is to provide more comprehensive detail to assist teachers wishing to make a request to work flexibly.

It should be noted that this advice and guidance, including the template letter, should be considered in line with the other advice and guidance produced by the Union in respect of flexible working.

Planning and preparing for your flexible working request

Being prepared and having a well-planned set of persuasive arguments is essential if your request for flexible working is going to be successful. 

Whilst you no longer have to explain what effect you think agreeing to you request would have on your school/college, including your colleagues and how any such effect might be dealt with, in order to enhance the chances of a successful application, you should give consideration to the possible impact your request for flexible working would have on the school/college and the work that you do, as well as on your colleagues and how you think any impact can be dealt with.

This can often be the most important factor in determining the outcome of a request. For example, set out the positive benefits of flexible working to the school/college and address concerns that your employer may have.

Positive benefits of flexible working may include:

• the energy and ideas of two rather than one teacher (if applying for a job-share);

• it has a positive impact on motivation as employees who work flexibly tend to put more effort into the time they are working, as they know they will not be in the school/college as often;

• better employee relations by giving people more choice and control over their working hours;

• widens the talent pool at the recruitment stage, as schools/colleges that offer flexible working demonstrate a more family-friendly approach, which is more desirable for new teachers;

• it helps with the retention of skilled and experienced staff;

• it provides increased workforce diversity and equality of opportunity for certain groups (e.g. those with disabilities who find it easier to work on a flexible basis or older teachers who may no longer wish to work full- time);

• it enables those who develop a disability to continue to contribute productively;

• reduced levels of sickness absence; and

• maintenance of good relationships with pupils.

Further details on the positive benefits of flexible can be found on our DfE Flexible Working Toolkit (England) page.

Outlining how you propose to deal with issues resulting from your request for flexible working may also aid the chances of your application being successful. For example, you might explain how you intend to deal with the arrangements for handover in respect of a request involving a job-share.

This might include specific details of when you will meet and discuss with your job-share partner. If your request involves a job-share, then it could assist your application if you can identify other members of staff who also wish to reduce their hours.

A common misconception that is used by schools/colleges is that flexible working will have a detrimental impact on quality, often based on concerns about exam results. However, there is no evidence to suggest this is the case. The vast majority of teachers who work flexibly are deeply committed to their pupils and many schools take the view that by enabling flexible working they are in fact helping to get the very best out of their teachers.

In fact, the appropriate and effective deployment of flexible working can actually lead to more effective performances and outcomes.

Another misconception is that teachers who work part time are not as committed as those who work full time. Again, there is no evidence to support this, as teachers who work flexibly are deeply committed to their pupils and many schools take the view that by enabling flexible working, they are in fact helping to get the very best out of their teachers.

It should be noted that the number of hours that someone works is not nearly as important as the quality of the work performed during those hours.

When considering mitigation, try to think about others’ working patterns. If other teachers already have the same day off, then offering alternative days should limit the reason for the school/college to reject the request.

Try to be as flexible as possible with the work pattern that you want. For example, if you only wish to work three days a week, then are you willing to negotiate over which days these are?

Considering alternative options and demonstrating a willingness to compromise may also help the chances of your flexible working request being accepted. This could involve a trial period or a different start date, as well as consideration of different types of flexible working (e.g. job share as opposed to part-time working).

Holding a consultation meeting with you

There is no need to hold a meeting if your employer intends to approve your request, but often your employer will arrange a meeting to discuss your request with you.

However, if your school/college wishes to discuss alternative arrangements that you may be willing to consider to have your request accepted, or, it is considering rejecting your request, then your school/college must consult with you before making a decision.

As such, your school/college should invite you to a consultation meeting that provides the opportunity for a reasonable discussion and consideration of your request, including the opportunity to ensure all the relevant information is appropriately understood before a decision is reached.

This should include a discussion around any potential modification to the original request, or any alternative flexible working arrangements you are willing to consider, including whether or not a trial period is appropriate to assess the viability of any agreed modification/alternative arrangement.

The time and place of the discussion should be convenient for all parties involved and the person conducting the meeting should have the authority to make a decision.

Any such meeting should be held as soon as reasonably practicable, bearing in mind the need to provide you with adequate time to prepare for the discussion, whilst, at the same time, adhering to the statutory two-month period for the whole process to be completed, including any appeal.

An accurate written record of any such discussion should be retained and circulated to all those involved.

The right to be accompanied

It may be helpful to have someone else attend to assist in the discussions with your employer. Whilst there is no statutory right to be accompanied, the NASUWT recommends that you are permitted to be accompanied, a view that is reinforced by the Acas Code of Practice.

Indeed, the Acas Code of Practice advises that employers should inform you that you can request to be accompanied by a trade union representative, or an official employed by a trade union and allow your request if it is reasonable.

You should both have the opportunity to meet beforehand to discuss the details of your request, the issues it raises, if any and how to respond. This may include consideration of what alternatives you may be willing to accept or how flexible you are willing to be in order to have your request accepted.

You should not feel like you have to make a decision immediately in response to any proposal from the employer. If necessary, request a short break to discuss things with the person who has accompanied you.

What happens after the discussion?

Your employer is obliged to consider your request carefully, looking at the benefits of the changes requested and weighing these up against any adverse business impact this would have.

It is important to note a decision regarding your request, including any appeal, must be made within two months of the request being made.

What happens if my request is agreed?

Your employer should write to you either accepting your request or any agreed compromise, identifying the start date and any other appropriate actions.

If necessary, your employer should provide you with the opportunity to discuss any further points of clarification in regards to implementing your request, such as agreeing the dates to review how the arrangement is working.

An accurate written record of any such discussion should be retained and circulated to all those involved.

If you agree to the changes, you should be given a written ‘variation of contract’. This can be a temporary or permanent variation depending on what has been agreed.

What happens if my request is refused?

Your employer should write to you refusing your request as soon as possible. Your employer can only refuse your request for flexible working for one of the following reasons:

• the burden of additional costs;

• an inability to reorganise work amongst existing staff;

• an inability to recruit additional staff;

• a detrimental impact on quality;

• a detrimental impact on performance;

• a detrimental impact on ability to meet customer demand;

• insufficient work for the periods the employee proposes to work; and

• a planned structural change to the business.

Can I appeal against a decision to refuse my request for flexible working?

There is no statutory right to an appeal hearing, but it is good practice and is recommended in the Acas Code of Practice in relation to flexible working.

An appeal hearing should be convened at a mutually convenient date by someone who is appropriately trained to deal with the appeal in an impartial and objective way. As far as possible, this should be someone who has had no previous involvement in considering your request.

In addition, the person dealing with your appeal should have sufficient authority to make a decision.

As a matter of good practice, the timescales for appeal should be as follows:

• five days to lodge an appeal in writing, once written confirmation has been received that a request for flexible working has been refused; and

• ten days for an appeal hearing to be arranged which will be confirmed in writing.

An accurate written record of any such discussion should be retained and circulated to all those involved.

Once this has concluded, the person hearing the appeal should write to you outlining what has been decided and why, bearing in mind the statutory two-month period for deciding your request.

The regulations regarding flexible working provide limited recourse for further action to be taken. However, there may be certain circumstances where the reason given by your employer for the refusal to work flexibly could be seen as discriminatory.

Unlawful discrimination

Employers must be careful not to inadvertently discriminate against particular employees because of their protected characteristics, such as where flexible working arrangements could be seen as a reasonable adjustment for a disabled teacher.

Furthermore, employers must be careful not to directly or indirectly discriminate against employees; for instance, when dealing with requests from teachers with childcare or other caring responsibilities.

The Equality Act 2010 prohibits discrimination because of protected characteristics pertaining to:

• age;

• disability;

• gender reassignment;

• marriage and civil partnership;

• pregnancy and maternity;

• race;

• religion and belief;

• sex; and

• sexual orientation.

In addition, employers should ensure that part-time workers are treated consistently with other workers. The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 make it unlawful to treat part-time workers less favourably in regard to contractual terms and conditions than comparable full-time employees, unless treatment can be justified on objective grounds.

Advice and guidance from the DfE make it clear that all governing bodies should be aware that some people who combine work with caring responsibilities for dependants have specific rights protected by law. These include various types of leave and the right to be considered for flexible working.

Flexible working application flowchart

It should be noted that the complete process, including any appeal, must be completed within a three-month period from the date of a statutory flexible working request being submitted and received.

In certain circumstances, it may be possible to take further action to an employment tribunal where the school/college has ignored or refused a statutory request or not followed the statutory procedure properly.

Throughout all stages of the process, you can contact NASUWT for further advice, guidance and support.

Further advice and guidance

For further advice and guidance, please contact NASUWT. We can help with information and advice to support you throughout your request for flexible working.