How more widespread flexible working could improve equality

The pandemic has altered perceptions of flexible working for the better. As we move forward, it could be the key to unlocking true gender equality in the workplace.

HR Zone have published an article written by SA Law's employment partner, Beth Leng, on how widespread flexible working could improve equality in the workplace.

As of April this year, 26 of the UK’s largest insurance and long-term savings companies had signed up to ABI’s UK flexible working campaign, a move that was welcomed by industry leaders and equality groups alike. ABI’s Making Flexible Work Charter requires signatories to commit to:

  1. Making the majority of newly advertised jobs open to flexible working.
  2. Publishing their flexible working policies to both candidates and employees.
  3. Putting policies and guidance in place for those wanting to work flexibly.

Moving beyond the right to request

The right to request flexible working has been on the statute books for almost 20 years. Originally it only applied to parents and carers but in 2014 it was extended to all employees with at least 26 weeks’ continuous service, regardless of their parental or caring responsibilities.

Part of the challenge is that the legislation has only ever given employees the right to request flexible working. Such requests must be considered reasonably and within a reasonable time period. There are broad and wide-ranging grounds for employers to refuse such requests, however, under eight permitted grounds. This has led many to label the legislation ‘toothless’, leaving those whose requests are rejected with tenuous claims for indirect sex discrimination.

Help is at hand, however: the government’s flexible working taskforce has recommended that flexible working should be the new default position for all workers. The law is only part of the problem – the campaign for hearts and minds has a long way to go, even after the pandemic.

Benefit or risk?

For employees on the ground, those who have embraced the existing opportunities provided by their employers to work flexibly have regularly found themselves at the top of redundancy/at risk lists, subject to questionable PIPs or side lined for further advancement, precisely because of those working arrangements. Managers under pressure have struggled to juggle client demands with teams of employees working reduced hours, in job shares or under other flexible arrangements. Time and time again, the feedback is ‘it just doesn’t work for a business like ours’.

Moreover, the point at which employees request flexible working is commonly used by employers as a platform to discuss exits and/or settlement agreements – for example, when a flexible working request is made by an employee returning from maternity or shared parental leave. Employers are scared to commit to arrangements that may not work and may be difficult to unravel at a later date.

Ultimately, those who work flexibly report feeling that they have far less job security than others who want to/are able to commit to full time office-based working.

Making it work

There is a lot employers can do now to support their staff and benefit their organisations beyond simply offering flexible working.

  • Lead from the top
  • Tracking careers
  • Monitoring
  • Training
  • Honesty

Read Beth's full article on HR Zone here.


If you would like more information or advice relating to this article or an Employment law matter, please do not hesitate to contact Beth Leng on 01727 798046.

Read the latest Employment Views & Insights
They seek to understand their clients and advise accordingly to achieve the outcomes that they require for their business needs.
Chambers and Partners
SA Law Work Life red mug and glasses
SA Law Work Life red mug and glasses
Views & Insights
The Impact of Failure to Follow the Correct Procedure When Making Redundancies

Stephanie Clarke explains the legal consequences employers face if they fail to follow the correct redundancy procedures.

Read More
Photo of a red arrow SA Law
Views & Insights
Google: Parent Firm Alphabet Announces Worldwide Redundancies

Chris Cook comments on the recent redundancies made by Alphabet, a parent firm of Google.

Read More
Education Open Book SA Law
Views & Insights
Workers Who Breach Proposed Anti-Strike Law En Masse 'Unlikely' to Face Sackings

Gita Patel discusses the implications of the Government's proposed plans on anti-strike legislation.

Read More
Phone Box with Man in a Bowler Hat
As there is so much expertise on offer from SA Law they can provide a legal expert on all areas so that it can be handled under one roof.
Legal 500
SA Law Red arrow neon light image
Views & Insights
Which Way to go With Work From Home

In a recently published article, James Cresswell discusses flexible working and what it includes after James Dyson criticises the Government’s plans to…

Read More
SA Law Employment Laptop
Views & Insights
Staff Monitoring: Ensure you Consult Before Imposing a System

It’s becoming more common that employers want to avoid a ‘Big Brother’ management style when it comes to monitoring staff, so what’s the best way to do…

Read More
Education Open Book SA Law
Views & Insights
Changes to Employment Law

What do they mean for your business?

Read More
SA Law - Lightbulbs image with fillament
Views & Insights
Rolling Blackouts: What Does HR Need to Know?

What does HR need to know?

Read More
They are knowledgeable, with a commercial mindset, but also down to earth and friendly so it is easy to be very honest with them.
Chambers and Partners

© SA LAW 2023

Every care is taken in the preparation of our articles. However, no responsibility can be accepted to any person who acts on the basis of information contained in them alone. You are recommended to obtain specific advice in respect of individual cases.