Employment Relations (Flexible Working) Bill

Baroness Taylor of Bolton Excerpts

2nd reading
Friday 19th May 2023 Lords Chamber

Moved by

[Baroness Taylor of Bolton]

That the Bill be now read a second time.

[Baroness Taylor of Bolton (Lab)]

My Lords, this is a modest but quite significant Bill that will take us a step closer to introducing the important changes that are necessary, I believe, for people to have the right to request flexible working. I thank my honourable friend Yasmin Qureshi, who is the Member of Parliament for Bolton South East—the Bolton connection will not be missed by some people there. I am very glad that she was fortunate enough to have the opportunity to introduce this piece of legislation.

Last month marked the 20th anniversary of the original legislation on flexible working—2003 does not seem that long ago in some respects. Some progress has been made but, when the legislation was first introduced, it was rather narrow in its effects. It was limited to parents, guardians and people who had care of young or disabled children. The legislation has evolved since then, and I think that most people acknowledge that there is a parental need for flexible working arrangements across a wide group of people.

It is right that, 20 years on, we consider where we should be now and the kind of approach that we should be taking. The right to ask for flexible working should be an entitlement for all employees, regardless of their personal characteristics. There was an interesting briefing from the MS Society, for example, which showed how flexible working can help quite a few sufferers from MS, and I am sure that that is the case for those with other illnesses as well.

The current situation regarding entitlement is that, since 2014, all employees with 26 weeks’ continuous service have been able to make one statutory application per year to change their working hours, work pattern and work location. I hope that the Minister might deal with that point about 26 weeks; many people think that this entitlement should start from day one of employment. I know that Ministers have said things on other occasions, so perhaps the Minister can repeat some assurances that the Government will be moving in this direction in the future.

At the moment, when anyone submits a request for flexible working, they must explain to the employer how the change would affect them and how it might be dealt with. That is quite a surprising and burdensome stipulation. Employers must properly consider any requests that they receive. The progress that we have been making in our thinking about this leads us to need further changes to this legislation. I am glad that the Minister in the other place acknowledged general support for this legislation. The departmental officials have been very helpful in terms of briefing and making sure that the legislation is in order.

There are four measures in the Bill. The first will introduce a duty on employers to consult their employees before rejecting any flexible working request. This measure will give both parties the opportunity to explore alternatives that might be applied before the door is closed and before a pre-emptive decision has been made. There are employers who adopt this kind of approach already, but it is not universal. It is certainly best practice, but it is better that we make a change here so we can ensure that employers do not have a knee-jerk reaction to any request of this kind.

The second provision allows not just one but two requests in any 12-month period. I think this will make quite a difference to a lot of people because caring responsibilities can change very quickly, illnesses can develop very quickly, and other factors might come into a person’s life that mean that flexible working becomes a very desirable feature. The legislative framework needs to be sufficiently flexible to allow these realities to be taken into account and amending the Bill in this way will ensure that the right is more responsive to an individual’s needs and we can therefore avoid negative outcomes, such as when an individual feels that if they cannot have flexible working then they may have to finish working altogether.

The third measure is about getting a decision within two months. At the moment, a decision is required within three months. Two months may not seem a significant change, but I think it is. People’s circumstances can change very quickly and, if you have caring responsibilities suddenly thrust upon you, to have a quick decision about your employment situation might be very significant indeed. I think it will really help many people.

Perhaps the most important aspect of the Bill is the final measure, which will remove the requirement for employees to have to anticipate what the consequences of the change will be. It will not always be the situation that the employee has the information necessary to provide that, and this measure changes the balance there. It is quite an important situation to remedy because people who have difficulty making written submissions, or difficulty knowing how the totality of a business works, could easily be at a disadvantage in the present situation.

This modest package of measures will help secure more flexible working, will meet the needs of individuals and businesses, and will create a situation where there is more constructive dialogue between employee and employer. This matters, and it could make a great difference. A recent ONS study showed that, if a person had flexible working opportunities, it really made a difference to whether they were able to stay in the labour market. The measures will also help employers who want to retain staff and retain skills. This is a situation where, generally, everybody will be helped, and I hope that those who are interested in this will give the Bill their support. I beg to move.

--- Later in debate ---

[Baroness Taylor of Bolton (Lab)]

My Lords, with the leave of the House, I thank all noble Lords who have spoken in this debate. I also thank 10 women colleagues on the Front Bench, who are showing such support for this piece of legislation. I just hope somebody is able to take a photograph of this rather unusual occurrence.

It has been a very interesting debate, and probably longer than many Private Members’ Bill debates, which shows the level of interest. I particularly thank the noble Lord, Lord Holmes, for saying that this Bill is simple, straightforward, clear and concise. If only all legislation could meet those criteria, we would all be in a much better place.

My noble friend Lord Browne suggested that we should legislate only when it was necessary, and when there was a real and significant problem. The examples given today show that the Bill is necessary, and that there are significant issues that need to be addressed. It may be modest, but it will make a big difference for a lot of people, and will help the employment situation, as well as individuals with their work/life balance.

Mention has been made today of Covid and how it has changed our approach to working relationships, with work from home or flexible working. There are lessons to be learned there. As my noble friend Lord Browne pointed out, a lot of this change has been organic and now we are having legislation which is actually almost catching up with the mood of people in the workplace who want greater flexibility.

We have had a very constructive debate. As the noble Lord, Lord Davies, and others have made clear, this is not the last word on these issues. It is a small part of what is needed; it is an important part, but other things, such as consideration of advertising and the commitment that the Minister has given about day-one entitlements, are things we will come back to and will want to address in the future. I thank all Members for their contributions; I thank the Minister for his commitment to support this, and all those who have been involved, including his Bill team who, as I said earlier, have been extremely helpful. It is not the last word on these issues, but is a step forward. I therefore invite all Members to support this piece of legislation.

Bill read a second time and committed to a Committee of the Whole House.

Employment Relations (Flexible Working) Bill

Baroness Taylor of Bolton Excerpts

Order of Commitment discharged
Tuesday 13th June 2023 Lords Chamber

Moved by

[Baroness Taylor of Bolton]

That the order of commitment be discharged.

[Baroness Taylor of Bolton (Lab)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.

Employment Relations (Flexible Working) Bill

Baroness Taylor of Bolton Excerpts

3rd reading
Friday 14th July 2023 Lords Chamber

Moved by

[Baroness Taylor of Bolton]

That the Bill do now pass.

[Baroness Taylor of Bolton (Lab)]

My Lords, I thank all those who have been involved in the progress of this Bill and in getting us to this stage. Most of all, I thank my honourable friend the Member for Bolton South East, Yasmin Qureshi. At Second Reading, one Member of this House described the Bill as being put forward by the “Bolton mafia”. We not only plead guilty but are very flattered by that description—we will wear it well. I also thank Ministers in the department, who have been extremely helpful on the progress of this Bill in both Houses, and the civil servants behind them, who have prepared assiduously detailed briefings. We are all very grateful for the help that we have had.

This is a very modest Bill—most Private Members’ Bills that succeed must have a certain degree of modesty—but that does not mean it is insignificant. It will make significant changes that will be of real benefit to quite a few people. We spoke at Second Reading of the changes that have taken place in work patterns. This Bill allows all employees to have more rights in respect of their need for flexible working. Flexible working has increased a lot in recent years, but just yesterday the British Chambers of Commerce pointed out in its press release that there are significant disparities in who can get it and which sectors have been responsive so far. The BCC and trade unions have welcomed this Bill, and many pressure groups that have followed the progress of this issue have made positive contributions.

The Bill will help make flexible working more available to more people and allow people in a broader range of circumstances to be able to contribute fully to our economy; it must benefit everyone. It is a small but significant measure, and I am very pleased and grateful for all the support the House has given to its passage.

[The Minister of State, Department for Business and Trade (The Earl of Minto) (Con)]

My Lords, I thank the noble Baroness, Lady Taylor, for bringing the Employment Relations (Flexible Working) Bill through the House. The Government have been pleased to support the Bill throughout all its stages, in line with our 2019 manifesto, which committed to promote flexible working. I am pleased to continue that support today at Third Reading and am very grateful for the cross-party support that the Bill has received.

The successful passage of this Bill will introduce changes to the existing right to request flexible working, which will be made alongside the Government’s commitment to make the right to request flexible working available from the first day of employment. The changes represent a timely, sensible and proportionate update to the right to request flexible working and reflect what many employers already do. They will particularly support those who need to balance their work and personal lives and may as a result find it harder to participate in the labour market. From older workers to new parents and those with disabilities or long-term health conditions, this Bill will be an important step in supporting their ability to remain and progress in work.

I am very pleased to support the Employment Relations (Flexible Working) Bill. It is a meaningful step in the right direction to help employers and employees agree work arrangements that fit with life. I thank the noble Baroness, Lady Taylor, for her sponsorship of the Bill as it has moved through this House, and the honourable Member Yasmin Qureshi and my honourable friend Kevin Hollinrake for their sponsorship in the other place and hard work in putting this Bill forward.