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Handling requests for flexible working
What are the legal and practical considerations for primary school headteachers when considering requests for flexible working? Employment law expert Vanessa Latham explains
t is a well rehearsed fact that the vast majority of primary school teachers in the UK are female. Data from the Department for Education shows that in November 2011, 86 per cent of qualified primary school teachers in the UK were women and 14 per cent men. A significant proportion of teachers are parents and while, in an ideal society, the responsibilities of parenting would be shared equally between partners, the reality in the UK remains that women bear a disproportionate share of the childcare responsibilities. Our ageing population also means that many are not only juggling work and children but also caring for elderly relatives. Accordingly, there is a particularly high demand for flexible working arrangements among primary school staff, when compared with other professions, and the trend is growing. In 2000, there were 174,700 full-time teachers and 16,700 part-time. By 2011, the number of full-time teachers had fallen to 158,000 while part-time teachers had risen to 31,900. If flexible working is on the increase, what are the implications for schools? Happy productive teachers, good staff retention and savings on recruitment are some of the positives. However, allocating resources within the annual budget is difficult enough, without the added complication of extra staff, additional administration and duplicated costs. Ordinary tasks,
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“In 2000, there were 174,700 full-time teachers and only 16,700 part-time. By 2011, the number of full-time teachers had fallen to 158,000 while the number of part time teachers had risen to 31,900”
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such as organising staff meetings can become a challenge. With this in mind, what are the legal and practical considerations that will apply when schools are asked to arrange flexible working for their staff?
The legal side
The decision on when to offer flexible working will never be black and white. Headteachers will need to consider the individual circumstances of each instance. Nevertheless, there are certain guidelines that employers need to be aware of. Staff have a statutory right to request a flexible working pattern if they: n Are an employee (agency workers excepted). n Have worked for their employer for 26 weeks continuously before applying.
n Have not made another application to work flexibly under the right during the past 12 months. If the above conditions are satisfied, employees will have the statutory right to ask if they: n Have or expect to have parental responsibility of a child aged under 17. n Have or expect to have parental responsibility of a disabled child under 18 who receives Disability Living Allowance (DLA).
n Are the parent/guardian/special guardian/foster parent/private foster carer or are the holder of a residence order or the spouse, partner or civil partner of one of these and are applying to care for the child.
n Are a carer who cares, or expects to be caring for an adult who is a spouse, partner, civil partner or relative; or who although not related to you, lives at the same address as you.
The procedure The procedure for handling requests is set out in the table on page 22. Continued on page 22
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