While Sir Alan Sugar may have challenged the principle that employers cannot ask whether a job applicant plans to have children, most businesses are coming to terms with the reality of discrimination and flexible working legislation.

Flexible working, which includes working part-time, from home and job-sharing, was introduced in 2003 to enable employees to care for children under six, or a disabled child under 18. From April 2007 the law extended this right to carers of adults.

Both women and men have the right to request flexible working provided they: have 26 weeks’ continuous service, have not made an application within the previous 12 months and are making the application in order to care for a child or adult in accordance with statutory rules. Under the law, employers must seriously consider any applications but - they don’t have to agree if there is a good business reason not to. If an employer unreasonably refuses a flexible working request, an employee can seek redress in the employment tribunal.

The Benefits of Flexible Working

A recent study by Cambridge University revealed that flexible working is seen as the “mummy track” because individuals carry the stigma of being considered less committed to the job and less career-focused. According to the study, a lack of flexible working means that 6.5 million people are not fully using their skills and experience.

Many organisations, however, are beginning to turn the principle of flexible working to their advantage, voluntarily adopting their own schemes, broader in scope than the statutory rules. A significant number of these employers believe that flexible working practices have numerous benefits, resulting in increased productivity, a positive effect on staff morale and motivation and much better rate of staff retention.

The boundaries of this right will be pushed further in time, especially as people with children aged between six and 17, and grandparents are currently excluded from the remit of the legislation. Indeed last week, following the recommendations of an independent review, Business Secretary John Hutton announced that the right to request flexible working is to be extended to about 4.5 million parents of children aged up to 16. A recent Government survey found that over 90 per cent of requests for flexible working were approved by employers last year.

Employers’ first concern will always be to ensure that their business functions smoothly, however, it could be short-sighted to lose the skills and sizeable experience of a proportion of their workforce in which they have invested. By facilitating flexible working, employers can stay the right side of the law and reap the rewards.

Jennifer Leeder is an Employment Solicitor at Howes Percival LLP.