New legislation aimed at making life easier for working parents comes into effect in 2003. But will it really make a difference? Madeleine Reiss investigates

Under new guidelines announced in late 2001 by the government, parents with young children will, from 2003, be allowed to request working hours to suit their childcare commitments. This directive could potentially change the working lives of almost four million mothers and fathers who have children under six or who are caring for disabled children up to the age of 18.

The legislation coincided with the case of former police constable Michelle Chew, who won her sex discrimination battle against Avon and Somerset Police. The force refused her request to reject inconvenient work shifts so she could care for her two young children.

The savings
According to Patricia Hewitt, the Trade and Industry Secretary, the new approach will save employers about £100 million a year in recruitment costs by enabling them to retain experienced members of staff. She claims it will also ensure that working parents are given more choice in managing the balance between work and family. She says: 'People shouldn't have to choose between being a good parent and being a good employee.'

The reaction
The guidelines have had a mixed response among unions and campaign groups. Some critics of the new legislation are disappointed that the government has stopped short of giving mothers and fathers an automatic right to work flexi-time. When the legislation comes into play, employees will be free to request working hours that suit them but will still be at the mercy of employers who may or may not be sympathetic to their needs.

Bill Morris, leader of the Transport and General Workers Union, said the proposalsdid not go far enough. He said: 'You still have to ask [for the right to flexible working]. The employer still has the opportunity to say no.'

Jeremy Paxman, playing devil's advocate on BBC's Newsnight, commented to Patricia Hewitt that far from giving working parents a guarantee of flexible working hours, all the government had done was to provide 'the right to get on your knees and ask your employer [for them]'.

How to 'ask'
Parents who want to alter their working hours will have to make their request to their employers in writing. The employer must then set up a meeting to discuss the proposal. If they refuse the request they must do so by putting forward a convincing business case for their refusal. Employees then may appeal and eventually take their case to tribunal.

Although ministers believe that 80 per cent of requests will be granted, there are concerns that this system will only work for those employees who are confident enough to tackle their bosses. The Maternity Alliance says that the right to ask is not sufficient, and that those in poorly paid, unskilled jobs will be overlooked. While all employers have to consider requests for flexible working, small companies may also have viable reasons to reject them. Larger companies will have less difficulty complying.

Breeding resentment
While the new legislation aims to make life easier for working parents, many campaigners fear a backlash from disgruntled colleagues. The Institute of Directors warns that the changes could breed resentment among non-parent co-workers who are not entitled to flexible working hours.

Work rights expert Rachel Lewis says: 'Already you see at the moment a rather unpleasant divide in some work places between men and women. Men are saying that it is unfair that female colleagues are allowed to work more user-friendly hours simply because they have current protection under the sex discrimination law. I can imagine that with the new legislation we could have a real divide between those with child care responsibilities and those without.'

There are also very real fears that parents who do raise their rights will suffer discrimination at the hands of employers. Will employers simply avoid offering jobs or promotion to people who are likely to make use of this change in their rights? Rachel Lewis says: 'It is all very well having protection under the letter of the law, but it is the intangible discrimination that would cause more concern. When you cannot actually prove why you haven't got that promotion, you can't show why your colleague is doing better, but you know in your heart of hearts that it's probably because you exercised your rights, you are not going to be able to prove it in all but a small minority of cases.'

The upside
Although there are potential problems with the new legislation, many people are pleased that at least the difficulties experienced by working parents are now being considered and understood. Helen Foreman, a mother of three young children who works full time in a recruitment agency, says: 'I think this latest legislation is a move in the right direction. I would love to be able to work part time, or at least shorter days so that I could spend more time with my children. I am very interested to see whether working parents really will be able to work less hours without forfeiting a successful career, and, even more importantly, whether men will take advantage of the scheme. 'It makes sense, after all, to try and create the right working conditions in which people can give of their best without having to feel guilty all the time.'