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Flexible working request + TLR

Elaine Snell

| 0 Posts

11 Mar, 2020 09:09

Hi,

Please could I ask for some advice on the following scenario:-

We have a teacher returning from maternity leave.  She is currently full time with a TLR for SMCS and 2nd in Lifeskills.

She has requested to return on a part time basis - 3 days per week, (and obviously wants to keep her TLR payment on a pro-rata basis)

The Head has advised me that her current TLR role does not really exist any more in its current format as Ofsted have changed the focus for SMCS/Lifeskills/Citizenship and have indicated that the new role should be managed by one person, and I believe it is likely to be a higher TLR.  The Head has also indicated that she is not suitable for the new role based on her ability.  

As this employee has requested a reduction in hours, can we say that whilst we can accommodate a 0.6 teaching contract, we cannot agree to a part time TLR and she would have to resign from it if she wants a part time contract?

or

Should we accept the FWR and pro-rata TLR and then when she returns to work in June, advise her that her current TLR role will not exist from September and safeguard her TLR payment for 3 years?

The Head would prefer the first option from a financial point of view but I am not sure whether this would breach the FWR rules or the STPCD.

I look forward to hearing your thoughts.

Many thanks

Regards

Elaine

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  • Peter Stanway

    | 0 Posts

    11 Mar, 2020 09:44

    Best to meet and discuss rather than get tied up in knots and TLRs or any other 3 word acronym
  • Elaine Snell

    | 0 Posts

    11 Mar, 2020 10:11

    In reply to Peter Stanway:

    Hi Peter
    Thank you for your response and apologies for the acronyms - they are widely used in the Education sector - TLR being a Teaching and Learning Responsibility and STPCD being the School Teachers Pay and Conditions Document.

    We have discussed with the employee - so my query was whether the Teachers Pay and Conditions (especially the clauses around safeguarding Teaching and Learning payments) and the Flexible Working Regulations, allows us to refuse to agree to payment of a pro-rota Teaching and Learning Responsibility.

    Many thanks
    Elaine
  • Nina Waters

    | 0 Posts

    11 Mar, 2020 13:48

    While I know (I work in a school too) the difficulties with part time working in the education sector, I'd be very cautious about saying that TLRs can't ever be offered on a part time basis. The implication is that part time staff members cannot be managers or progress - leading to indirect discrimination on the basis of gender and direct discrimination the basis of part time working.

    What you can do is look at each situation and see whether the job can be done on a part time basis. As I said, there are really good reasons why some teaching responsibilities cannot be done on 3 days a week, but there are others where it's entirely possible.

    In your situation you have two different issues at play - the FWR and the proposed reorganisation of your SMCS/Lifeskills/Citizenship management. They affect the same person so inevitably they overlap, but they are separate.
  • Elaine Snell

    | 0 Posts

    11 Mar, 2020 14:13

    In reply to Nina Waters:

    Hi Nina

    Thank you for your thoughts. We have quite a few part time staff and some have TLRs so we are not saying that TLR's can't ever be offered on a part time basis.

    As you say there are two issues here but they overlap.
  • Emma

    | 0 Posts

    11 Mar, 2020 20:07

    Hi Elaine, I think as the TLR is attached to her post as in it forms part of her JD, the FWR has to consider the role as a whole including the TLR. If you have valid business reasons for refusing the request then you can do so, but I think it’s risky to say the TLR can’t be done part time as ultimately most roles can be job share. Whichever way this goes, if you then need to alter the TLR from September you’re altering the structure using whatever your restructuring process is. If ultimately she doesn’t secure the amended TLR through this (again, risky given her recent maternity leave), she would be entitled to salary safeguarding. perhaps a bit cautious but hope this helps! Emma