Flexible working protocol: checklists

Checklists for introducing, developing and managing flexible working

• Understand the current and future flexible working needs within the firm.
• Understanding current culture towards flexible working within your firm, including:
• long hours culture
• consider the impact of presenteeism with your firm, ie the belief that real work is only done in the office
• presence (or not) of role models working flexibly - either formally or informally.
• Understand and differentiate between real and perceived (cultural) obstacles.
• Encourage a view that flexible working means working differently - not less.
• Encourage a view that flexible working brings more commitment - not less.
• Ensure the policy responds to the identified needs.
• Ensure that the process of applying to work flexibly is not unduly burdensome and off-putting to both individuals and line managers.
• Ensure consistency of application of policies and decisions.
• Understand and assess the feasibility and impact of working flexibly in different practice areas, eg transactional and non-transactional.
• Ensure that senior role models who are working flexibly serve to communicate that flexible working is acceptable at all levels.
• Understand the perceived and actual impact of flexible working upon career progression, to ensure that flexible working is a genuinely acceptable choice, not one that equates to stepping off the career ladder.
• Ensure greater transparency of current flexible working practices - both formal and informal.
• Ensure that partners have a good understanding of flexible working and how to manage this effectively.
• Encourage individuals to realistically assess the impact of working flexibly upon their clients, colleagues and line manager.
• Harness and maximise the use of technology to facilitate effective remote working.
• Consider how work is assigned and managed to ensure an even spread of workload according to capability and capacity.
• Ensure that evaluating performance measures not only billable hours or hours in the office but the quality of outputs and productivity (factoring in non-chargeable activities too).
• Ensure that client deadlines and expectations are correctly understood and managed.
• Provide greater clarity about flexible working and career progression within your firm.

Checklist to empower partners to manage flexible working

• Understand the current and future flexible working needs within the firm.
• Understanding the current organisational culture:
• Who are the role models? Although the firm may have good flexible work policies, there may few senior or successful lawyers working flexibly, the absence of role models may be a powerful deterrent.
• The long hours and 'presenteeism' can significantly inhibit flexible working.
• Currently many associates are reluctant to ask for flexible working as they believe that this is interpreted as a diminishing of commitment and may result in the professional brakes being applied.
• Many perceive that flexible working will impact income and professional development but will not result in any alteration to their workload or targets therefore remain full time.
• Consider your own perspective of flexible working:
• What has been your experience to date - how does this colour your view?
• If there is no precedence - would you consider a trial period and reviews? Providing a safety net of a trial period for both sides. Research shows that some of the most successful flexible working has been implemented in roles considered least likely to succeed.
• Assess the feasibility and impact of working flexibly in your own practice area:
• Are there any role models working flexible (either formally or informally)?
• How can this be managed to ensure seamless delivery to clients?
• What is the impact on other members of your team?
• How can work be allocated differently to ensure appropriate workloads and maximise productivity?
• Will it allow you to retain key individuals?
• What impact will this have on the success of your team/practice area?
• What will be the response of the individual to being able to work flexibly?
• Ensure that the process of applying to work flexibly is not unduly burdensome and off-putting to both individuals and line-managers, encourage open dialogue with associates considering working flexibly.
• Ensure consistency of application of policies and decisions.
• Encourage individuals to realistically assess the impact of working flexibly upon their clients, colleagues and line manager.
• How can you safely refuse a flexible working request? Importance of understanding the organisations policy and guidelines for flexible working.
• Managing flexible working. Harness and maximise the use of technology to facilitate effective remote working.
• Consider how work is assigned and managed to ensure an even spread of workload according to capability and capacity.
• Ensure that evaluating performance measures not only billable hours or hours in the office but the quality of outputs and productivity (factoring in non-chargeable activities too).
• Ensure that client deadlines and expectations are correctly understood and managed.
• Ensure that regular reviews are built into to flexible working plans.
• Have a framework of measurable results.

Checklist for individuals

• Understand and identify any obstacles to you working flexibly, including:
• Understand that flexible working requires two-way flexibility.
• Discuss any concerns about potential impact on our career development progress and your own career development goals.
• Create a good business case for you to work flexibly, by considering the potentialimpact that working flexibly may have upon:
• your ability to deliver your role
• your clients (internal and external)
• your team / colleagues
• your line manager
• present solutions that effectively minimise any impact to the above.
• Consider whether you want formal or informal flexibility.
• Consider when, where and how you would work.
• Harness and maximise the use of technology to facilitate effective remote working (where appropriate).
• Consider how your work is assigned and managed to ensure an even workload according to capability and capacity.
• Ensure that you schedule regular meetings with your line manager to review and evaluate performance and effectiveness of new working arrangements.
• Ensure that client deadlines and expectations are correctly understood and managed.