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Flexible working protocol

  • Statement of commitment to the Flexible Working Best Practice Protocol

    Why flexible working is important

    As signatories to the Diversity & Inclusion Charter, we recognise that the ability to work flexibly is becoming increasingly important for lawyers. To ensure the long term retention of both male and female lawyers, legal practices need to understand and incorporate flexible working into the fabric and culture of the business.

    Therefore we support the following statements:

    • Flexible working does not mean less commitment but promotes highly motivated, loyal and effective lawyers who model good work/life balance
    • Flexible working does not mean lower performance or productivity, rather efficient lawyers who maximise their working hours to benefit both employer and client
    • Producing high quality outputs to meet client deadlines and expectations is more important than where, how and when work is undertaken
    • We want flexible working to become a genuinely acceptable option for top lawyers that does not diminish their career development progress in the medium and long term
    • We want to empower lawyers to maximise their full potential
    • We want lawyers to maximise their professional potential regardless of personal constraints, including caring responsibilities or disabilities

    Benefits for protocol partners

    • Demonstrate leadership and drive change
    • Support supplier diversity with simple practical action
    • Help with assessing supplier commitment and performance
    • Access to case studies, tools and resources
    • Annual impact reports from the Law Society

    Definition of Flexible Working

    'Flexible working means any variation to the current timing, hours or location of a role. It enables working patterns to be shaped to meet both the needs of the business and of the individual. Flexible working can entail compressed hours, job sharing, flexible start or finish times, working remotely or from home, zero hours contracts and over-time.'

    The business case

    • Retaining your key talent long term: Retention of key legal talent ensures that your firm retains well-trained and experienced lawyers with important knowledge and experience of both firm and clients. Flexible working recognises the current generational shift towards better work/life balance for both genders. It also recognises caring or physical constraints upon individuals. As well as observation of religious practices that may require flexibility. In the long term, improved retention creates a stronger and more diverse talent pool from which to select the best partners.
    • Improving efficiency and return on investment: As well as offering improved return on investment on recruitment and training, flexible working promotes efficiencies through retaining critical organisational knowledge including experience, networks and clients. Those working flexibly report much higher rates of efficiency and performance, driven by clearer boundaries and increased commitment.
    • Environmental and productivity impact: By enabling professionals to work flexibly (including from home) reduces or eliminates commuting time, bringing both environmental, as well as productivity advantages.
    • Enhances reputation: Flexible working enhances a law firm's reputation, increasing its ability to recruit and retain the people it wants, as well as ensuring improved performance and progress within diversity measures currently employed to select legal practices.
    • Motivation and productivity: Both are linked to good work/life balance. Producing a higher quality of work, those currently working flexibly report increased efficiency and performance driven by improved morale and loyalty.

    Equipping partners to manage flexible working

    Whilst currently most legal practices have flexible working policies, there still exists widespread belief that to ask for or even discuss flexible working equates to signalling a diminishment in commitment.

    • Ensuring that partners and associates within each practice area have a clear understanding of which forms of flexible working are relevant and feasible.
    • Encouraging reflection and greater awareness of those managing flexible working of their own views and perceptions, particularly past experience and own domestic arrangements.
    • Ensuring that partners are equipped to manage flexible working arrangements by:
      • clearly communicating the business case for flexible working
      • providing training or access to information on how to successfully manage flexible working
    • Deal with individual concerns and performance issues promptly - this is important for both the individual and the team and the future success of flexible working.
    • Hold regular reviews of how the arrangement is working for all concerned, review and re-set goals accordingly. Link goals to career development targets and progress.
    • Ensure that communications are effective - hold regular team meetings to map progress and tackle any potential problems at an early stage.
    • Ensure that a positive culture is fostered with give and take on both sides.
    • Understanding that saying no to flexible working is OK if there are performance concerns or issues, or if there would be a genuinely negatively impact on client needs and expectations that cannot be overcome.