Limber up to be flexible

With research showing that a quarter of working mothers have had requests for flexible working turned down, it’s vital to ensure that your school’s policy is fair and applied consistently
16th December 2016, 12:00am
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Limber up to be flexible

https://www.tes.com/magazine/archived/limber-be-flexible

According to the Workingmums annual survey, more than 25 per cent of working mothers have had their requests for flexible working refused by their employers. And almost one in five have been forced to leave their jobs because a flexible working request was declined.

Of the 2,000-plus women surveyed, other notable findings include:

  • 12 per cent felt their employer did not consider their request properly.
  • 79 per cent did not appeal their employer’s decision to deny flexible working.
  • 68 per cent of those who were on maternity leave and had a flexible working request refused believed that this was not justified.
  • 41 per cent of those on maternity leave said a refusal to accommodate flexible working would mean they wouldn’t return to their job after the leave period ended.
  • 22 per cent of those who were on maternity leave had their flexible working requests refused before returning to work.
  • 59 per cent said they felt they had to work harder to overcome unconscious bias against working mums and flexible workers.

As a result, Workingmums is now urging policymakers to reinstate a statutory right of appeal where flexible working requests are refused.

What does the law require? All employees with at least 26 weeks’ continuous employment have the right to request flexible working. Schools have a duty to act reasonably in responding to such requests and must have a legitimate business reason for any refusal.

It is important to remember that the law requires only consideration of flexible working requests, and case law has generally been sympathetic to the operational needs of organisations that reject them where they are likely to have a detrimental impact.

Reasons that are commonly cited in schools for rejecting flexible working patterns include the importance of continuity of pastoral care for young pupils and the need for a full-time presence in management and supervisory roles.

However, recent case law has emphasised that it is essential to demonstrate that flexible working requests are considered with an open mind; if it is necessary to refuse a request, any refusal should be capable of objective justification. Tribunals expect organisations to have evidence to support their decisions.

We recommend that schools have a flexible working policy in place to ensure that all requests are dealt with consistently. In light of recent trends in government policy (including the gender pay reporting requirements and focus on boardroom diversity), we would also recommend that schools look again at their approach to flexible working requests and ensure that decisions are appropriate and fairly balance the interests of the whole school community.


Alice Reeve is a partner at leading education law firm Veale Wasbrough Vizards

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