Flexible working: the facts

The benefits Women have successfully brought cases claiming discrimination if they are not allowed flexible working on the grounds that, since they are often the primary carer of children, a refusal to grant flexible working is more likely to affect them. Men can also bring cases if a mother in their company has been granted flexible working and they have been refused. The legislation lays out a formal procedure for applying for flexible working and employees have to argue clearly what the advantages would be to both them and their employer of allowing them to work flexibly, for instance, retaining an experienced member of staff. If an employee is unhappy about the way their company has dealt with their case, they can take their case to an employment tribunal. Checklist for employers:
- Employers should try to treat each request objectively and to treat all requests in the same way, whether from men or women.
- The law stipulates that they must set up a meeting to discuss the employee’s request for flexible working within 28 days and then reply to the request within 14 days of the meeting.
- If a request is turned down, the employer must reply in writing, giving a clear business case reason for the decision.
- Employers are encouraged to set out a clear flexible working policy to avoid confusion and ensure consistency in the way they handle requests.
- They should show that they are open to looking at flexible work requests in all jobs, no matter how senior.
- It is also a good idea to think more laterally about encouraging flexible working across the board to avoid resentment by other colleagues and to show a consistent approach to employees.
- Human resources staff should ensure that the flexible working policy is clearly publicised and that all managers are aware of how it works.
- It is also advisable to monitor requests for flexible working and to track how they are working in practice.

So far, around 90% of requests for flexible working have been granted either fully or partially. Reports suggest the number of mothers who work flexible hours has more than doubled since 2003 and the number who have changed employers after returning to work has halved.

Once a parent has been formally granted flexible working, this then becomes a permanent change to their contract and if an employer later wants to change that they must have formal discussions with the employee. If they do not, the employer can be found in breach of contract.

Employers are still getting to grips with the practicalities of promoting flexible working. Many, worried about losing experienced workers, are keen to implement it, but remain unclear of how to manage it and what works best. Several organisations are blazing a path and providing examples of good practice, for instance, they provide models for how to manage home workers to ensure they do not feel isolated or sidelined. Some argue that flexible working has other benefits besides the ones listed above, for instance, it can mean greater productivity as workers who are not able to make it into the office when a child is sick or they feel under the weather may be able to work some hours from home. Then there are the benefits of reducing overcrowding at rush hour if fewer people are required to commute on a regular basis.