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Can I work flexibly?

1 October 2007

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Question: I am a 3 year PQE (male) corporate associate at a ‘silver circle’ firm, and would like to start working four days a week so that I can work at a charity for the homeless the other day. What is the best way to ask to work flexibly? And what if they turn me down? Who would have me? Everyone who works flexibly seems to be a woman with children.

Answer: From a legal point of view, there is nothing your firm can realistically do to stop you working flexibly, if you are feeling in a combative mood, as you could claim sex discrimination if they refuse your request. The firm could reasonably argue that your request does not fit with the needs of the business, and there, they may have a point.

In a transactional discipline, such as corporate, it is often difficult to juggle the needs of the client and the needs of the employee, and it may cause difficulty and resentment in other members of the team who feel they are always filling in for you. So, firms are often reluctant to take on part-timers except in well-trodden areas (eg PSL) and some non-transactional disciplines, where working flexibly is easier.

Without wishing to be unduly gloomy, think also about where you want your career to go. As admirable as your wish may be, it is likely to kybosh – probably permanently – your chances of partnership.

Working part-time where it’s not deemed to be strictly ‘necessary’ betokens a lack of commitment to your career which will weigh against you. Perhaps think of a way you can meet your need to do some good with assuring your livelihood (work for the charity every other Saturday, perhaps, or after hours?).

Mark Brandon, recruitment consultant, First Counsel


Answer: Given the transactional nature of a corporate role, it unlikely that this is will be a realistic possibility. From time to time you do hear of corporate associates working on a 'part-time' (i.e. a four day week) basis but this is generally in smaller firms and even then, in most cases, they never really have their 'day off' and are invariably on their phone or Blackberry working.

So, while you can ask and while your firm may make a genuine effort to make this happen for you, you may find that you are not able to make the level of commitment to your charity work that you would like to.

If you are serious about undertaking a part-time role, it may be worth you considering a professional support (PSL) position. While there is generally a corresponding pay cut involved in taking on such a role, there is much more scope for your role to be genuinely part-time.

Kristi Edwards is a consultant at Hughes-Castell


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Readers' comments (3)

  • HR manager, Silver Circle firm | 16-Oct-2007 5:50 pm

    Flexible working

    If you have the statutory right to request flexible working then the firm must consider your request (they don’t have to acceded to it). If you don't have that right then the firm can disregard your request.
    I am surprised that the firm does not have a policy outlining their approach (we do) to such matters and some would argue that having a talented lawyer working at the firm 4/5ths of the time is better then 0/5ths of the time.
    However, the key thing to consider is the impact on your clients and your colleagues of you not being full time. You would have considered any impact on your career and would not have made the choice you made without serious consideration.
    The firm, if it takes its employee relations seriously, should consider a well made case that has answered the questions of impact on clients and colleagues and as long as you are willing to be flexible too when the client / deal needs then there is little to be lost by having a grown up conversation.
    If they refuse then you can always move to a firm with a more enlightened approach, such as ours.

    (HR manager, Silver Circle firm)

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  • Tina Dobbs, The Council of the Borough of Broxbourne | 30-Nov-2007 1:26 pm

    Lawyers working part-time

    Part time work should not be difficult to manage either for an employer or employee. I have done it for many years both for BLP (formerly Berwin Leighton) and now for the Local Authority. The secret, for an employee, is not to have two days off together nor be off on a Monday or Friday. That way client’s and colleagues don’t miss you and no-one is inconvenienced – which is the perception when it comes to part-time working. I don’t think job share is the answer because there will always be one party who thinks they are doing more than the other etc. Both employer and employee should be flexible and swap days around on occasion when necessary. As long as the employee is talented, organised and works smart on the days in the office then it should be a win win situation. I suspect many an employer pays a lot of money to full time employees for hours spent chatting by the coffee machine and smoking outside the building – at the same time it is impossible to expect employees to be productive for what is often in excess of 10 hours a day, 5 days a week for 48 weeks of the year. Not everyone wants to be a Partner but nor do they want to have to take a part-time job in Tesco’s!

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  • Monique Bachner | 3-Dec-2007 5:01 pm

    Flexible working

    Yes it is possible. I work part-time in the corporate department of a Magic Circle firm (A&O).
    Flexibility is the key - both by the firm, your colleagues and you. Equally important are support from junior lawyers and staff (who you will probably still need to supervise to keep things moving even when you are out of the office) and good technology to allow access to current matters if urgent items arise. Yes I do spend time on my days off on Blackberry and occasionally also logging in or attending conference calls, but this flexibility allows me to spend more time on other interests whilst also meeting client and firm needs. I am working on "proper" corporate deals, which means I also do not always take my fixed days off, especially if a transaction is at a critical stage. On the other hand as we assess my working time over an annual period, I also take extra days of annual leave to make up for days lost. I do not feel I am losing out and am happy with how it works.
    Lawyers working fixed hours (e.g. 9 to 5) tend to have a pay cut beyond the pro-rata, however those working flexibly like this tend to get straight pro rata (if you work 80% you get 80% of the full-time salary).
    P.S. I also know a Senior Associate in a top US law firm in London who worked 50% over the year (in blocks or transactions) and both parties were happy.

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