Burden or boon?

Sparking divisions amongst employees

Many employers are also worried about the divisive nature of the legislation. They foresee a situation in which non-eligible groups become disgruntled with covering for absent colleagues. The rule about children under six means that parents of older children still needing to work flexibly, will not be eligible.

"While the new legislation is to be well received by working parents, the new laws could spark huge divisions in the workplace",, warns Peter Done. "What happens to those employees without dependents who are not given the opportunity to work flexible hours? The question will be why should they be discriminated against for not having children? Employers could be looking at a prospective minefield of tribunal applications on the grounds of discrimination in an area that they have very little control over."

It's early days yet to make any sort of firm pronouncement on how employers will ultimately view the latest employment legislation. What is certain is that the government will keep a beady eye on developments.

Gary Bowker says, "In the modern economy, flexible working has a key role to play and will continue to do so. I can see that in the absence of any genuine commitment from employers, that the government would seriously consider making flexible working a right rather than simply a right to request." On the other hand, it could be that further action is unnecessary and employers and employees settle down into a situation where the majority of the people are happy for most of the time.