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Flexible working in law; a tale of two experiences Christina Simpson Christina Simpson, Senior Solicitor, Associate at Capsticks LLP Flexible working wasn’t really something that occurred to me during the early days of my career but fast forward ten years or so and as I started to think about my future both at work and home, the issue came into sharper focus. At that point, I actually decided to make a sideways career move out of private practice; one of the main reasons being because I wasn’t convinced that I really could “do it all” - or at least do it all justice – whilst working in what felt, at the time, like a very traditional and inflexible sector. After stepping into a hybrid in house/HR role and then having my daughter, I needed to work more flexibly and wondered how to approach the issue with my manager. And, like many before me I suspect, I was really worried about how he would react. Would he think I wasn’t committed to the organisation? That I just wanted a day to lie around watching television (I wish!)? But actually, I needn’t have worried; after an open conversation with him, ultimately, we came to an agreement about my working hours that suited both me and my team. And when the time came that I missed working in private practice and decided I wanted to move back into it, again, I was nervous. I’d seen the benefit of flexible working and I knew that it worked, but I wasn’t sure I’d find a firm that was genuinely committed to it. Again, I needn’t have worried. I can honestly say that the question of me working reduced, non-standard hours was never an issue for Capsticks. Having spoken to colleagues and friends including Nicola though, I think perhaps I am one of the lucky minority of lawyers who haven’t encountered resistance on the way to flexible working. Nicola Butterworth, Associate at Capsticks LLP Things have come a long way from when I first started practicing law. Putting it in perspective, at that time, everyone 20 | LegalWomen
time-recorded in manuscript, dictated correspondence and used bulky paper files. Real flexibility across the legal sector occurred when it became possible to access a firm’s intranet remotely and more so, when we were issued with blackberries and, eventually, laptops. Yet there was still a culture and an expectation of presenteeism in the office. I had my first child shortly after qualifying. Following 18 weeks maternity leave I returned to work full-time. After a few years, a second child followed. By then I was mainly providing employment support on corporate transactions. Clocking off at 5.00pm wasn’t an option when there was a deal to be done. So, if a baby-sitter wasn’t available, my young children joined me in the office. Hardly representative of flexible-working. By the time my third child arrived I decided to request to work part-time. There was no opportunity for an informal discussion about my proposal. My email to one of the partners was met with an escalation to HR and provision of the firm’s flexibleworking policy and a pro-forma request to complete. As an employment lawyer I had advised numerous times on flexibleworking queries. I knew the business grounds on which the firm could reject my request. I went through these and considered how they might apply. I drafted solutions upfront. Setting out the benefits for the firm? More tricky. There was a dearth of studies on the business benefits of flexible working at that time. I submitted my request and attended a formal meeting. My request was rejected. Client service would be affected. Despite working in a large team no-one could cover my work. We reached a compromise, I could leave early once a week. My eldest is now an adult. My other children attend boardingschool. Finally, I can work the hours that were requested of me so early on in my career and I can be physically present in the office. Yet, ironically, having joined Capsticks last year, I now work for a firm which truly embraces agile working. The benefits for the firm in doing so came to the fore in March, when our physical offices were closed speedily. Our temporary transition to home-working in response to the pandemic was seamless. Everyone already worked part-time in the office and at home, and all of our files are virtual. For staff who bore the brunt of home-schooling alongside home-working, or became socially
