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Flexi working denied after maternity

Discussion in 'Workplace dilemmas' started by MissGoodison, May 12, 2017.

  1. DYNAMO67

    DYNAMO67 Lead commenter

    The point on the colleague. You are comparing apples and oranges. You don't know the circumstances, just like we don't know yours. You think you do, but the context is obviously different.

    Try to be as clear and unemotional as poss. Do as the other posters have said, proce yourself right. Hope it works out for you, especially as you are a fellow blue (I hope)
  2. MissGoodison

    MissGoodison New commenter

    I did say before I do know the circumstances with my colleague because I asked him. He wrote a letter, he had a meeting to decide what days he would drop and they gave him part time, that's all, no questions asked according to him. He now actually feels a bit miffed as they gave him part time so easily, and refused me, that he now feels undervalued.

    Thank you tho. Hopefully I get it sorted AMD don't have to leave a job I love.
  3. frustum

    frustum Star commenter

    With your colleague, it could just have been a question of timing. At a point when they were worrying about budget and thinking they might need to cut something, they might have welcomed any applications. Now they might have solved the budget problem.

    I think you've got a strong case, but I agree that your colleague doesn't come into it.
    Lara mfl 05 likes this.
  4. MissGoodison

    MissGoodison New commenter

    Thank you, I know my colleague is a moot point now. After talking to him we think the reason could just relate to the fact that there are lots more teachers but there is only one of me?who knows...

    Any other ideas for arguments and counter arguements would be appreciated :)
  5. grumpydogwoman

    grumpydogwoman Star commenter

  6. grumpydogwoman

    grumpydogwoman Star commenter

  7. GLsghost

    GLsghost Star commenter

  8. GLsghost

    GLsghost Star commenter

    Your colleague s experience may or may not be relevant to your situation. It will depend entirely on the facts.
  9. MissGoodison

    MissGoodison New commenter

    Someone said further up that because my colleague was given part time under the previous head, it has no relevance now under the new head, so I imagined it wouldn't help e in my case?
  10. grumpydogwoman

    grumpydogwoman Star commenter

    You already conceded that his case is rather different. Bigger department etc. Whereas you are the sole gatekeeper to your area. Apparently. So irreplaceable that you weren't....er.....replaced. But that doesn't mean you couldn't TRAIN someone in your specialism. Go back full-time for 2 weeks (surely that ought to be enough) and you'll train up your job-share colleague.

    Maybe you are currently the one and only person on whom the whole fragile edifice depends. But there is no reason why you can't upskill someone else.
  11. GLsghost

    GLsghost Star commenter

    The OP may not be in a position to judge whether the facts of the other teacher are relevant.

    TBH, I would be more interested in the reasons behind the refusal and whether they were legitimate business reasons.

    Discrimination is about what's in the mind of the decision maker at the time. It may be that the first HT approached the process differently to the second.
    DYNAMO67 likes this.
  12. MissGoodison

    MissGoodison New commenter

    Yes, I think the general consensus is that this new head teacher doesn't like staff who are part time and has actively gotten rid of staff who were on part time contracts since I was there...of course these weren't full members of staff as I know it would be hard to get rid of these, and of course I have no proof this is the real reason they were let go.
  13. GLsghost

    GLsghost Star commenter

    Part time staff are full members of staff. The same employment rights apply to them too.
  14. MissGoodison

    MissGoodison New commenter

    I understand that, I just am unsure if she was meant to be a temporary staff member, all I'm positive of is that she moved to a part time contract and then they got rid of her somehow.. Do you believe offering a job share would get me better results Ghost?
  15. DYNAMO67

    DYNAMO67 Lead commenter

    What I meant by circumstances is the circumstance for the employer. You said this person has a different job. It is at a different time.That is what I mean by apples and oranges. I don't see how you can compare yourself to him, even if the idea of historical precedent come into it, what I don't think it does in these cases..... (correct if wrong someone)

    I do, like others have said, feel you may have an independent case yourself.
  16. MissGoodison

    MissGoodison New commenter

    @GLsghost this is from the letter that I received today. Can you advise what I can use to rebuff this and how I would go about writing an appeal letter?
  17. GLsghost

    GLsghost Star commenter

    Very dangerous to post part of a letter on here. You could easily be identified from it and then a whole other can of worms opens!

    I am sorry but I cannot advise specifically here - only provide information.

    Your union should assist. If you are not in a union, Citizens Advice can help you to draft a response.

    I will just add the information that an employer can only refuse a request for flexible working for one or more of eight reasons. The school has cited three.

    You would need to get into requiring disclosure of evidence, if you thought the school was lying about it. Don't go there if you value your job and your sanity!

    Whilst a woman can claim indirect sex discrimination for a refusal of a flexible working request, an employer has a defence if he can show an 'objectively justifiable reason' for the refusal i.e. for needing to keep things the way they are.

    Without digging deeper for evidence, on the face of it, these look like objectively justifiable reasons to me...

    You might be able to negotiate 4 days instead of 3...?
  18. MissGoodison

    MissGoodison New commenter

    So I don't have a good case then despite what I have been told previously? So I'm basically screwed then despite being physically unable to put milk in my babies belly because of my poor wages, having never received a raise, and the high cost of child care?As well as now apparnelty being unable to find childcare for a Friday I've just found out. I might as well just put my notice in now.
  19. grumpydogwoman

    grumpydogwoman Star commenter

    I know nothing like as much about this business as @GLsghost but I found the letter persuasive, I must say. On business grounds.

    Which is totally not what you want to hear. Very sorry.
  20. MissGoodison

    MissGoodison New commenter

    Just thought I would post an update on this, I will be returning to my school after the summer as a part time member of staff

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