June 2008 - Local solicitor corrects misconception of flexible working rule

It has been widely reported that the right to flexible working is to be extended to include a further 4.5 million parents of children aged up to 16, amid concerns that it could damage small businesses.

According to a Derby solicitor, however, the new right is actually to ‘request’ flexible working – a very different proposition.

“There appears to be some misunderstanding about this forthcoming legislation,” says Kevin Modiri of Bakewells Solicitors. “While workers have the right to request more flexible working conditions, employers also have the right to refuse them and to work with employees to develop a solution that works for both parties.

“The right to make such a request is already available to people whose children are aged six and under or disabled. Employers approved over 90% of such requests last year, which strongly implies that they saw little or no likelihood that carefully tailored, flexible contracts would damage their businesses.”

In fact, there is much evidence to suggest that flexible working is good for business, largely through the creation of a happier and more productive workforce. “There are some possible drawbacks,” Kevin continues. “For example, employees without children can feel that they are at a disadvantage in negotiating the working conditions they would like – it is then down to the employer to ensure that everybody is treated fairly.”

Bakewells Solicitors has employment experts who can help small businesses review the contracts they draw up with their staff, both to ensure its compliance with existing and forthcoming legislation and to enable fairness for all. Call them on 01332 348791 to organise a meeting.

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Bakewells Solicitors 64 Friar Gate, Derby DE1 1DJ    Telephone : 01332 348791

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