SEN Deadline
Within 28 days of a request in writing stating the change requested and the likely impact on the organisation
Within 14 days of meeting
Within 14 days of rejection (where applicable) Within 28 days of the meeting
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On what basis should schools grant requests? Contrary to popular belief, there is no right to flexible working, only the right to have your request properly considered. The general rule is that schools should grant requests on business grounds, rather than the employee’s personal circumstances. Any headteacher’s priority must be to the welfare and educational needs of their pupils. It is very important to remember that any new working arrangement will be a permanent change of the teacher’s contract, which cannot then be changed unilaterally. Schools may be able to agree a trial period with the teacher, but cannot insist on a trial under the statutory provisions.
When can schools refuse requests? On Procedural Grounds: A request may be refused because the employee is not eligible, or fails to comply with the procedure. Headteachers should be aware, however, that rejecting an application on purely technical grounds may lead to more serious and costly claims for sex discrimination, or for constructive dismissal. In any case, employees can simply make another request, as any procedurally flawed request will not count for the prohibition on resubmitting requests within 12 months. It is not recommended that requests be rejected on procedural grounds alone. On Substantive Grounds (following an initial meeting): There are eight
Action
Employer must arrange to meet with the employee in order to discuss the application. The employee is entitled to be accompanied by a worker employed by the same employer at the meeting
Employer must write to the employee either to agree to the new work pattern and set a start date or to provide grounds for the rejection of the application and set out the appeal procedure
Employee can appeal Employer must deliver appeal decision (where applicable)
substantive grounds for rejecting a request. Only these grounds may be raised as reasons for rejection. 1. The burden of additional costs. 2. Detrimental effect on ability to meet customer demand. 3. Inability to re-organise work among existing staff. 4. Inability to recruit additional staff. 5. Detrimental impact on quality. 6. Detrimental impact on performance. 7. Insufficiency of work during the periods the employee proposes to work. 8. Planned structural changes.
In selecting the ground for refusal the test is a subjective one on the part of the employer. As long as you can show you reasonably believed it would have the impact set out above, that should be sufficient.
When should schools allow an appeal? Schools must hear all appeals, but the form of the appeal meeting is not prescribed, and can simply be a straightforward discussion. If possible, the appeal should be heard by someone who was not previously involved in the initial process. A school governor would be an appropriate person.
Sex discrimination – the real issue. Employment Tribunal awards for flexible working requests are (relatively) low. The real issue for schools to watch is sex discrimination, which is
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