Why it pays employers to let parents work flexible hours. Nathalie
Towner reports
Susan Walker works as developer in a large IT company based in
Cambridgeshire. She is also the mother of a 14-month old girl.
After her maternity leave ended she wanted to return to work on a
part-time basis but her employer made it clear that if she wanted a
job she would have to work the same hours as everyone else.
"It might have been better if I'd asked to go part-time when I
first applied for the job," says Walker, "but you're not expected
to change the terms and conditions of your contract later
on."
But the situation has just taken a turn for the better for Walker
and others in her situation. Thanks to recently approved
legislation she is now in a far stronger negotiating position if
she requests flexible working hours.
From April 2003 employers will be legally obliged to consider
requests from parents with children under the age of six who want
to work part-time, flexi-time or from home.
"Life changes enormously when you have children, it's a massive
upheaval and we don't just need flexibility when we have babies but
over a number of years," says Walker.
The employer can reject the request, but must provide sound
business reasons for doing so. About 3.8 million parents, 2.1
million of them men, are eligible to benefit.
"Flexible hours would be a big factor if I were looking for
alternative employment," says extranet manager, Peter Richardson.
He and his partner have just had their first child and when she
returns to teaching he wants to be available to help look after the
baby.
"It's something I'd be interested in taking up if I felt it was
more available. Notionally I have flexible hours but I'm not made
to feel as if I can make full use of them."
IT companies which recognise that their staff have personal needs
and adapt accordingly will ultimately have a far more satisfied
workforce. These employers are far less likely to fall victim to
the skills shortage as they will hold onto staff who would
otherwise have moved on.
"When an employee enters into a contract it is hard to envisage how
circumstances might change," says Yvonne Bennion, policy specialist
for the Industrial Society. "Contracts must now be able to
incorporate all eventualities."
Bennion believes the legislation will not create resentment in the
workplace as people understand that parents need two incomes to
maintain a decent standard of living and it can be difficult to
juggle work and bringing up children.
Fortunately not all IT companies have been as short-sighted as
Walker's employer. "We always encourage maternity leavers to come
back," says Maria Bristol, HR manager of Strategix, an e-business
and supply chain management company.
"Strategix has always had a flexible policy and we encourage staff
to talk through what they want with their line managers."
Bristol believes that the company has benefited by retaining
skills, saving on development costs and maintaining continuity with
successful client relationships.
"I think this legislation is the start of something bigger," says
Bristol, "work lives are changing and this will encourage people to
think more about how they organise their lives."
Melanie Harrison, QA consultant for Strategix, took a year out
before returning to a part-time position. She negotiated her new
working hours while on maternity leave. "It means I can keep my
career going and keep my skills up-to-date," she says. "Otherwise I
would have looked at taking five years out."
Harrison plans to go back to work full-time eventually but
meanwhile her hours will vary depending on the age of her
daughter.
It is important for companies to recognise that people's lives are
made up of several phases and it is in both the employee's and
employer's interest to try and accommodate these.
Sue Fundry joined IBM when she was 25 and children were definitely
not on her agenda. She now has two children, aged seven and 10, and
is a Websphere MQ distributed development manager.
Her choice not to return to full-time work for several years has
not affected her career progression. "When I first came back I
ended up in project management as I had previously shown an
interest in this area," she says. "I ended up working part-time for
seven years and had lots of different roles in this time."
The Government taskforce anticipates that 80% of requests for
flexible working will be resolved between employer and employee
with only 1% going to tribunal. The legislation has disappointed
some pressure groups - it is limited in that it only applies to
parents with children under six and it is only the right to ask -
but it is definitely a step in the right direction.
Sarah Walker and Peter Richardson are not their real names
Sex discrimination challenges opened door to flexible
working
Two recent employment tribunals emphasise how much
the Government is pushing the right of parents to be considered for
flexible working.
1. Mechanic Neil Walkingshaw was refused shorter working
hours that would have helped him take care of his son Sean. He
argued that his employer had shown greater flexibility to female
staff. When his wife's maternity leave ended and she returned to
work he was forced to leave the garage. The Equal Opportunities
Commission took up his case and the tribunal found he had been
discriminated against because of his sex
2. Michelle Chew, a former police constable also won a sex
discrimination battle. Chew took Avon and Somerset police force to
court after it refused her request not to work night shifts so that
she could take care of her two young children.
The new rules
1. Parents who have children aged under six, or a disabled
child under 18, and who have worked for the employer for six months
or more qualify
2. They must make a request for flexible working hours in
writing
3. They must explain how they would like to change their
working pattern and how it can be achieved
4. The employer must give the request serious consideration
and hold a meeting with the employee within four weeks
5. The employer must put a decision in writing within a
further two weeks
6. If the request is rejected it must be backed up with
clear business reasons
7. If the employee and employer disagree and internal
procedures fail to resolve the issue the employee can take the case
to an employment tribunal.