Flexible working law causing few problems, finds survey

Research published in October 2003 by the Chartered Institute of Personnel and Development finds that the statutory right for parents of young children to request flexible working, introduced in the UK in April 2003, has operated smoothly and that most employers report no significant problems in complying with the new legislation.

In April 2003, legislation came into force giving parents of children under six or of disabled children under 18 the statutory right to request flexible working and to have their request seriously considered by their employer (UK0304104F). Prior to the introduction of the legislation, employers’ groups had opposed statutory intervention in this area and expressed concern at its potential impact on business performance, whereas trade unions were critical of the scope for employers to reject employee requests for flexible working. However, a survey of employers conducted by the Chartered Institute of Personnel and Development (CIPD), representing human resources managers, and the law firm Lovells, published in October 2003, suggests that the operation of the legislation has proved to be 'user-friendly' for organisations in both the private and public sectors.

The survey aimed to assess the impact of the new statutory right after six months in operation. Based on responses from over 500 organisations, the main findings highlighted by the report include the following:

• over a quarter (28%) of employers report an increase in the total number of requests for flexible working since the statutory right became operative in April 2003;

• nearly two-thirds (62%) of the organisations which have received statutory requests have approved at least half of them, either agreeing in full with the employee’s proposal or in modified form;

• a large majority of employers report little difficulty in the operation of the new right, with 76% saying that the impact of the legislation on their organisation has been negligible, and 90% reporting no significant problems complying with the new requirements;

• some 60% of employers say that the current package of family-friendly rights does not tip the balance too far in favour of working parents, but nearly half (47%) are concerned that staff without children resent their colleagues benefiting from these rights;

• the vast majority of employers (91%) say that they are prepared to consider requests for flexible working from employees who are not covered by the legislation, and 72% are prepared to accept requests from all staff; and

• over two-thirds of employers (68%) believe that the opportunity to work flexibly has had a positive impact on employee attitudes and morale.

Most requests for flexible working have come from female employees. In 55% of the organisations receiving requests, all were from women. Requests from men constituted a minority of the total number received in a further 36% of cases.

The most common reason cited by employers for refusing a request is their inability to reorganise work among existing staff. The burden of additional costs is one of the least commonly raised reasons. Only 1% of all respondents who had turned down requests said that employment tribunal proceedings had been brought against them.

Commenting on the survey findings, Mike Emmott, the CIPD’s head of employee relations, said: 'It is still early days but this evidence suggests that the impact of the new right on both employers and employees is seen as overwhelmingly positive. In our view, the evidence gives no support to the cynics who argued that the right to request flexible working would be entirely ineffectual, or to those critics who feared it would be costly to apply ... The legislation seems to have struck about the right balance between encouragement and enforcement.'

The CIPD believes that the right to request flexible working should apply to all employees, not just parents.