Law firms are at risk of breaching discrimination laws because their clients do not appreciate that solicitors are entitled to flexible working arrangements – even if they have equal rights policies in place themselves, a leading employment solicitor has warned.

Makbool Javaid, an employment law partner at City firm DLA Piper Rudnick Gray Cary, spoke out following a new report from the Equal Opportunities Commission (EOC) on the pitfalls of part-time working.


The report found that more than half of part-timers felt their employers failed to capitalise on their qualifications, skills and previous experience. Working part-time can ‘scar’ employees’ income, earning potential and promotion prospects for life, as they are 40% less likely to receive training than their full-time colleagues. The problem particularly affects women, who earn an average 40% less per hour than male full-time workers.


There are 40,000 female solicitors in England and Wales, who now account for 40% of the profession, according to the most recent Law Society figures. Law Society research has found that fewer than half of women solicitors in private practice are satisfied with their work/life balance and say it has made them consider leaving the law.


Society chief executive Janet Paraskeva called on firms to do more to facilitate flexible arrangements. ‘The solicitors’ profession continues to attract more women than men,’ she added. ‘This trend is going some way towards ensuring that the profession accurately reflects the society it serves.’


But Mr Javaid said law firms had a particular culture that hindered flexible working as it focused on billable hours and keeping on top of developments in a case or project – although he argued that this was partly down to clients who expected solicitors to be constantly at their beck and call. ‘There is definitely an element of hypocrisy on the part of clients, who will have people at their end working on a flexible basis, but who are not so understanding when it comes to law firms,’ he explained. He said that as a result, solicitors who had arranged to work part-time were in fact practising full-time without getting paid for it.

Mr Javaid urged firms to put flexible working arrangements in place and then discuss the matter with their clients. ‘Once you have established a relationship with your clients, you should have a conversation about your team and how it works,’ he advised. ‘If you are up-front about the situation and reassure them that the systems are in place to ensure that matters operate in a seamless way, the client will probably be understanding and accommodating.’