Flexible working - why, when and how to make it work

By Gemma Murray

Since April 2009 everyone who has parental responsibility for a child under 17 has enjoyed the right to request flexible working. Presently, there are mixed messages from the government on the issue. The government is carrying out a consultation - due for completion in August this year - on whether flexible working should be extended to all employees of 26 weeks or more, though it has quietly cancelled plans - due to come into force in April - to extend the right to parents of children up to the age of 18.

While the debate about how exactly to reshape the workplace goes on, for lots of women job sharing, a shorter working week, reduced hours, or even an agreement to regularly work from home can be the key to seeking a balance between work and home life.

Flexible working applications can be daunting. How will it be viewed by your employer? Although, legally, treating someone less favourably because they are a part time worker is discrimination, it does happen. Even with the most supportive employer flexible working is a change which takes some getting used to on both sides. However, in the current economy a lot of employers are willing to consider or even encourage flexible working to reduce their wage bill and as a positive alternative to making redundancies.

Currently it can take up to around two months to complete the process of making a flexible working application. Once you have made your application, your employer should contact you to make arrangements for a meeting to discuss your request. The meeting should take place within 28 days of your request. You should receive notification of whether your application has been granted within 14 days of the meeting. If your request is rejected, you should be given 14 days to appeal. If you would like to make an application for flexible working following return from 12 months maternity leave, you should start thinking about raising it with your employer around the time when your statutory maternity pay runs out. You should also be aware that you may need to attend the office for meetings during the application process. Think about childcare, or make arrangements for your child to come into the office with you.

Your application must be in writing and there is a lot of information which it must include, such as setting out the grounds for your request (e.g. you have parental responsibility for a child under 17), the changes you would like to be made, whether you have previously applied for changes to your working pattern, when these applications were made, and most importantly (and unfortunately the most difficult to provide for), the effect the changes will have on your employer.

Bear in mind when preparing your application that this is your chance to sell your ideas on flexible working to your employer. Be creative, be as realistic as possible about what you are able to offer and try to tackle any objections which your employer might have. Since no one knows your job as you do, you are in the best position to say what should work. Although you are not strictly obliged to do so, it can help to set out issues like what time you are likely to be available in the evenings and whether you have any flexibility in your childcare which would enable you to change your hours or working day from time to time if needed.

Most importantly in this day and age, you might want to state whether you are willing to carry a Blackberry and be contacted outside working hours. Other options include suggesting a trial period (so either party can change the arrangements if they do not work out).

Successful flexible working requires give and take. At times, with weeks of broken nights and deadlines, it can feel like a struggle, but it is one way to keep climbing the corporate ladder while keeping one foot in the home.

Gemma Murray is a solicitor in the employment team at Russell Jones & Walker.

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