Workplace flexibility is destined to increase. The Government recently accepted key recommendations from a published review on the right to request flexible working. For many companies the adoption of flexible working arrangements for staff is the norm. For many more it is going to become a reality they will have to deal with increasingly over the coming years.

The statutory right to request flexible working first came into operation in April 2003. Qualifying employees could request flexible working to care for any child under 6 (or any disabled child under 18), subject to satisfying certain criteria. In April 2007 the right was then extended to qualifying employees caring for adults. The new rights were not well received by many employers, who feared an avalanche of requests which would be disruptive to business but difficult to refuse. However, anecdotally, it seems the practical experience of employers has not been as bad as they feared.

Nevertheless, flexible working rights are now likely to extend to a considerably wider sector of the working population. Following a review undertaken by the human resources director of Sainsbury’s, the Government has accepted the principle of extending the rights to cover the care of children up to the age of 16; and that the change should be made in one go (rather than being phased in over time).  Research indicates that around a further 4.5 million parents would become eligible under the extended rights.

Many question how companies (particularly small companies) will cope with the changes to these rights in practice (particularly with the recent extension to maternity rights) but flexible working rights are here to stay, and the Government’s approach is very much in line with other ‘family friendly’ policies.

Although extended flexible working rights will increase the number of potentially eligible staff, the reality is that companies already need to make sure that they have compliant policies in place which deal with requests for flexible working fairly and within the statutory limits. Employers do not have to agree to flexible working in every case. However, by failing to take the request seriously or to consider it properly and consistently an employer can easily drop into the deep financial black hole of a discrimination claim. Aside from the potential risks of a legal claim, a badly handled request leads to resentment and unrest at work which is certainly not good for the business.

Companies should also consider their policy on dealing with requests from those who do not qualify under the statutory regime. The wider the range of employees who become eligible for the statutory right, the more difficult it can be to turn down others who do not strictly satisfy the criteria without creating any number of practical personnel difficulties within the business.