Flexible Working for Teachers: SSTA Advice Note
Flexible working is any working arrangement that helps an employee balance their professional and personal responsibilities. In schools, flexible working can include changes to working hours, working patterns, or, where appropriate, aspects of location or duties.
All employees have a legal right to request flexible working from the first day of employment. This applies to teachers and school staff, although the practical application of flexible working in schools will depend on operational and educational requirements.
A flexible working request may involve changes to:
- the number of hours worked
- start and finish times
- working days
- working location (where appropriate)
This is known as making a statutory flexible working request.
Employers, including local authorities and governing bodies, must consider requests in a reasonable manner and respond within the required timescales.
Types of Flexible Working in Schools
Not all forms of flexible working will be suitable in every educational setting, but schools may consider a range of arrangements depending on operational needs.
- Part-Time Working
A teacher works fewer than full-time hours, usually by reducing the number of working days or classes taught.
- Job Sharing
Two teachers share the responsibilities of one full-time post. Effective communication and continuity planning are essential in job-share arrangements.
- Flexitime
More common in administrative or support roles than classroom teaching. Staff may have some flexibility over start and finish times within agreed limits.
- Compressed Hours
Working full-time contractual hours over fewer days. This may be difficult to accommodate in teaching roles but could be considered in some circumstances.
- Remote or Hybrid Working
Teaching is primarily classroom-based, but some preparation, collegiate activities, meetings, training, or support functions may occasionally be undertaken remotely where agreed by the employer.
- Staggered Hours
Different start, finish, or break times from colleagues. This may occasionally apply in pupil support, leadership, or support staff roles.
- Annualised Hours
Hours are calculated across the year rather than weekly. This is uncommon in teaching but may apply to certain support or project-based positions.
- Phased Retirement
Teachers may reduce their hours or responsibilities gradually as they approach retirement and take some of their pension.
Making a Flexible Working Request
Teachers and school staff can make up to two statutory flexible working requests in any 12-month period.
Step 1: Submit a Request
The employee should write to their employer, normally through the school or local authority HR process.
The request should include:
- the date of the request
- confirmation that it is a statutory flexible working request
- details of the proposed working arrangement
- the proposed start date
- details of any previous flexible working requests within the last 12 months
Many local authorities or employers provide standard forms for this purpose.
Step 2: Discussion with the Employer
The employer must discuss the request with the employee before making a decision, particularly if the request may be refused.
Discussions may explore:
- how the arrangement could work in practice
- possible alternatives
- impacts on pupils, staffing, timetabling, and school operations
Step 3: Employer Decision
The employer must respond within two months unless an extension is agreed.
If the request is approved:
- the agreed changes should be confirmed in writing
- contractual terms should be updated
- a start date should be provided
If the request is refused:
- the reasons must be explained
- the refusal must be based on legitimate operational grounds
- Grounds for Refusing a Request
Schools and local authorities may refuse flexible working requests where there is a genuine business or operational reason.
Examples include:
- inability to reorganise work among existing staff
- difficulty recruiting additional staff
- negative impact on teaching quality or pupil learning
- negative impact on performance or continuity
- increased costs
- inability to meet curriculum or timetabling requirements
- planned workforce changes
Employers should be able to demonstrate that the request was considered carefully and reasonably.
Reasonable Handling of Requests
Employers are expected to deal with requests fairly and reasonably. Good practice includes:
- considering both advantages and disadvantages
- consulting with the employee
- exploring alternative arrangements
- communicating decisions clearly
- offering an appeal process where available
Failure to handle a request reasonably could lead to an employment tribunal claim.
Withdrawing a Request
An employee may withdraw their application in writing at any stage.
An employer may also treat a request as withdrawn if the employee repeatedly fails to attend meetings about the request without good reason, such as illness.
Appeals
There is no longer a statutory right to appeal flexible working decisions. However, many local authorities and employers still offer an internal appeal process.
Contact info@ssta.org.uk for advice.
Appeals should normally be submitted promptly and follow the employer’s procedures.
Employment Tribunal Claims
Employees may be able to make a claim to an employment tribunal if the employer:
- failed to handle the request reasonably
- failed to respond within the required timescale
- wrongly treated the request as withdrawn
- based the refusal on incorrect facts
- treated the employee unfairly because they made a request
Employees cannot usually make a tribunal claim simply because a request was refused.
Claims must generally be made within three months of the relevant decision or failure to act.
Contact info@ssta.org.uk for advice.
Practical Advice
When preparing a flexible working request, teachers may find it helpful to:
- explain clearly how the arrangement could operate successfully
- consider the impact on pupils and colleagues
- suggest practical solutions for continuity and communication
- be flexible and open to alternatives
- seek SSTA advice
Early, constructive discussions with school leadership and HR can often help achieve workable solutions for both staff and schools.
This advice note provides general guidance and should not be treated as legal advice. Teachers should contact info@ssta.org.uk for advice on individual circumstances.
FAQs
1. Who can request flexible working?
All employees have the legal right to request flexible working from the first day of employment. This includes teachers and school staff.
Flexible working may involve changes to:
- working hours
- working days
- start and finish times
- work location (where appropriate)
Employees can make up to two statutory flexible working requests within a 12-month period.
2. What types of flexible working are available in schools?
Examples of flexible working arrangements include:
- part-time working
- job sharing
- compressed hours
- flexitime
- remote or hybrid working (where appropriate)
- phased retirement
Not all arrangements will be suitable in every school, as decisions must take account of operational and educational needs.
3. How do I apply for flexible working?
Requests should normally be made in writing through your school or local authority HR process.
Your application should include:
- the date of the request
- confirmation that it is a statutory flexible working request
- details of the arrangement requested
- the proposed start date
- details of any previous request made within the last 12 months
The employer must discuss the request with you and respond within two months unless an extension is agreed.
4. Can my employer refuse my request?
Yes. A request can be refused where there is a genuine operational reason, such as:
- difficulties with timetabling or staffing
- negative impact on teaching quality or pupil learning
- inability to reorganise work
- increased costs
- planned workforce changes
Employers must consider requests reasonably and explain the reasons for any refusal.
5. What can I do if my request is refused?
Some employers offer an internal appeal process, although there is no longer a statutory right to appeal.
You may also be able to make a claim to an employment tribunal if the request was not handled reasonably or fairly.
For advice and support, contact SSTA at info@ssta.org.uk
Download a PDF version of this advice note.
