SCHOOLS are gradually becoming aware of the important new maternity, paternity and adoption rights that come into effect next April (TES, Legal issues, October 4). But there is still a lot of confusion over the flexible working arrangements to be introduced at the same time.
Parents of children under six (under 18 if disabled) will in future be able to ask for changes to their working hours and place of work. School staff must submit an application to their employer - normally the governing body via the headteacher. The governors then have 28 days to arrange a meeting with the employee at which the issues can be explored, including any alternatives to the proposal.
The governing body must then confirm its decision in writing. If it accepts the request, or reaches a compromise, it must establish a start date. If the request is rejected, it must be for one of five permitted reasons: the burden of additional costs; a detrimental effect on the quality of teaching and learning; an inability to reorganise the work of staff or to recruit extra staff; insufficiency of work during the periods the employee proposes changes; or because of structural changes already planned.
The staff member can appeal within 14 days and can go to a tribunal if the school does not follow the right procedure, or bases its decision on incorrect facts. The tribunal cannot question the professional validity of the employer’s decision, but can ask the school to reconsider its decision, and can award compensation.
In order to be eligible for these rights, the individual must have parental responsibility, be making the application to care for the child, have 26 weeks’ continuous service, not be an agency worker, and not have made an application in the previous 12 months.
Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002; Flexible Working (Procedural Requirements) Regulations 2002
