Employment Relations (Flexible Working) Bill

Baroness Blake of Leeds Excerpts

2nd reading
Friday 19th May 2023 Lords Chamber

[Baroness Blake of Leeds (Lab)]

My Lords, I start by offering sincere congratulations to my noble friend Lady Taylor of Bolton on sponsoring this very important Bill, introduced by Yasmin Qureshi in the other place. I also thank her for her very clear explanation of the provisions within the Bill, and Members across the House for their very thoughtful contributions.

The Bill has Labour’s full support, and we recognise also the cross-party support. However, we still expect much greater action from the Government to enhance workers’ rights. As we have heard, the Bill will help many across the country to balance work with caring for loved ones, and the circumstances and the needs are various, as we have also heard. We know there are many statistics around this subject. I have seen estimates that at least 2.2 million employees are unable even to make requests for flexible leave. Indeed, some statistics suggest that only 11% can do so. So Labour welcomes the provisions in the Bill, which will begin to create the environment for a fairer and more equitable discussion between employers and employees about flexible working, with a very strong belief that this should be universally available.

The Bill also represents an important step towards ensuring that legislation reflects where we are as a society. We have heard a great deal about the need to take the lessons learned from Covid very seriously indeed. Remote working is one area, but there is also hybrid working, the ability for people to go to the workplace and work from home at the hours they choose, where that is possible. Surely this presents the best of both worlds for so many people, acknowledging that workers still need greater protections, and that flexible working should be an employment right, not a “nice to have” or a job perk. We need this Bill to be a very welcome starting point, not the endpoint. I was very struck by my noble friend Lady Taylor’s reflections on the needs of those such as the MS Society, and her very poignant explanation of the challenges that are faced by so many people.

As I have mentioned, in responding to this Private Member’s Bill and considering how we move forward, I have to say that it is a great disappointment that the Government have not taken the chances to bring forward comprehensive legislation in the form of an employment Bill, as was promised in the 2019 manifesto and the subsequent Queen’s Speech. I ask the Minister to reassure us of his full support for the provisions within this Bill going forward and a commitment to continuing the steps that need to be taken.

We on these Benches are of course proud to commit to strengthening rights at work. Labour’s A New Deal for Working People will ensure the right to secure flexible working for all workers, as default, from day one, with employers required to accommodate that as far as is reasonable. From my own experience, talking to employers for many years around this issue, I know that matters have been heightened by Covid and the response—but this issue goes back many years. I was very struck by the employers’ comments that, when people are seeking employment, often one of their first questions now is whether the company, or the employer, will offer flexible working conditions. This is across many sectors. It is not limited to the high-end providers.

To their credit, many employers now understand that being responsive on flexible working leads to a happier workplace and a more stable workforce. It contributes to the building of loyalty to the employer and of course is a significant factor to consider when we are looking at the very vexed issue of staff retention. We have heard that we are in a climate where too many employers are struggling to recruit and retain staff, and this must be an important consideration.

Both men and women seek flexibility in their parental duties. I welcome this and I see it in members of my own family: both parents want to share the care of their children. We also have to acknowledge that many of these thoughts are driven by the prohibitive costs of childcare, which mean that too many parents are seriously struggling to balance and juggle the needs of caring for their children with returning to the workplace.

As we have heard, too many requests are still declined. We know from the evidence that too many people do not make requests for flexible working due to the fear of the consequences. Many people are sensitive about their personal circumstances and find it difficult to be open and transparent when they are afraid of the punitive consequences of disclosing their particular needs. If three in 10 requests are declined, we also know that too few jobs are advertised with flexible working as an option; I understand it is as low as one in four. If we are serious about closing the gender and disability pay gap, and recognising the challenges to the workforce whether due to personal health needs or caring responsibilities, surely this area is crying out for change.

I confirm our support for the Bill. I also note that the Government referenced flexible working in the Spring Budget, including that they

“will work with employers to demonstrate the benefits of offering flexible working, including through initiatives such as employer pledges and offering flexible working in job adverts”.

We welcome those statements. However, can the Minister confirm how the Government plan to evidence the impact of the commitments made in the Budget, in particular those on encouraging employers to include flexible working in job adverts, widening access to flexible working and improving the quality of flexible working?

It goes without saying that I am delighted that the Bill has made such good progress and I very much look forward to the Minister’s comments giving us the reassurance that we all need and deserve to make sure that this welcome first step is adopted, with a commitment to doing far more in future.