Join us
And find out why ATL is the fastest growing union in the education sector
To qualify you must be an employee (supply agency teachers are not covered) and have at least 26 weeks of service when you apply. You must also be the mother, father, adopter, guardian or foster parent of an eligible child or be married to or a partner of such a person and live with the eligible child.
In either case, you must have or expect to have responsibility for the upbringing of the child. A 'partner' is a person (whether of the same or a different sex) who lives with the child or the mother, father, etc (but who is not a blood relative) in an 'enduring family relationship'.
'Flexible working' covers changes to your hours of work and when and where you are required to work. It is important to recognise that you do not have the right to flexible working. You cannot insist that your employer accepts flexible working practices. Rather the provisions allow for a set procedure to be followed by you and your employer when you make a request for flexible working allowing for discussion and hopefully agreement on changes to your working arrangements.
Making an application for flexible working
You should make your application in writing: stating that it is an application to vary your hours, specifying the changes you are applying for and the date on which they will become effective. You should also explain what effect the applied for changes will have on your employer and how, in your opinion, any such effect might be dealt with. You also need to explain how you qualify for the right to make the application.
Before you make an application, it is essential to recognise that, unless you negotiate with your employer that any variation is temporary, any change agreed will be a permanent change to your contract.
Once your application has been submitted
There is a detailed procedure that employers must follow when responding to your application.
Within 28 days of an application (which should be in writing - remember to keep a copy) the employer is required either to notify you of agreement to the variation or to hold a meeting with you.
Within 14 days of the meeting (if the employer does not agree to the variation) the employer must notify you either of their agreement or, if they refuse, the grounds for the refusal.
If your application is refused
If the application is refused, you must also be told of the appeal procedure. If you appeal you must do so within 14 days of having been informed of the refusal. Your appeal must be heard within 14 days of your written notice of appeal. Your employer must tell you of the outcome of your appeal within 14 days of the hearing. You have the right to be accompanied at the meeting and the appeal, but the right extends only to help from one of your workplace colleagues or an ATL representative, provided s/he works for the same employer.
If you are unhappy about the decision, you have the right to an Employment Tribunal to challenge your employer on two grounds: if they fail to follow the proper procedure or if rejection of your application is based on incorrect facts. If you are successful, the tribunal may make an award of compensation in your favour but the award will be for a maximum of eight weeks' pay and a week's pay is likely to be capped.
If you make an application for flexible working and you are unsuccessful and the employer's refusal cannot be challenged at the tribunal, you will have to wait 12 months before making another application. The Department for Trade and Industry have an information pack entitled Flexible Working (URN 03/524) - this can be downloaded from their website (see below).
Teachers' Pension Scheme
If you negotiate a part-time contract you will need to elect to rejoin the Teachers' Pension Scheme using Form 261 (available from your employer or the Teachers' Pensions website). You may wish to request a copy of the ATL factsheet on this subject, entitled Part-time and supply teaching, and part-time lecturing.
Help and support
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk
For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).
If you are not a member, join now.