We are hiring new staff, do we need to offer home working?

In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton..

. Do I have to offer flexible working to my staff under the new regulations? Q: I took over our family firm from my father when he retired nearly 30 years ago. We are what you might call an 'old-fashioned' firm and we are proud of it, and successful.

We treat our staff well and in return they are conscientious. We are, however, at the point where we need to take on new staff due to the retirement of others, and also expansion. I do not hold with the 'modern' idea of home working though, and I am concerned about the new employment legislation for flexible working.

Do I have to offer it? A: The short answer is 'No'. Whilst the new legislation which is expected to come into force this April will grant workers the right to request flexible working from 'day one' in the job, crucially there is no guarantee that such a request will be granted, and clearly not all roles are suitable for home working. However, when you advertise your jobs it would be helpful to potential candidates, and advisable for you, to specify what is expected in the way of flexibility and work patterns from the outset.

Being transparent is key because ACAS will be publishing an updated statutory code of practice for dealing with flexible working requests, which will be taken into account by employment tribunals. If you do not .