Employment Relations (Flexible Working) Bill

Lord Davies of Brixton Excerpts

2nd reading
Friday 19th May 2023 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, I also strongly support this Bill and very much thank my noble friend Lady Taylor of Bolton for bringing it to this House. At the risk of sounding a slightly discordant note, I think it is a shame that a series of measures affecting employment law has been brought bit by bit through the legislative process, when the Government gave a commitment to employment law. It was expected to be in this Session’s Queen’s Speech, but it disappeared. Perhaps the Minister would be able to say something about whether we are actually going to get this overall employment law. I would welcome even more what I hope will sooner or later be a Labour Government’s employment law, when we can address all these issues.

Flexible working is popular among workers—figures suggest 80% of workers support the opportunity to have flexible working—and employers doubtless see the benefits as well in establishing a more diverse workforce, with the inherent flexibility of employment. It is concerning that, according to figures from the TUC, three in 10 requests for flexible working under the existing arrangements are rejected, but it is to be hoped that the requirement to consult will improve those figures. Perhaps the Minister could just say a little bit about what determines consultation. It is in the Bill, but ACAS has clear guidance about what consultation consists of, and I hope that the requirement will be enforceable and not just a token.

The one thing that I have a concern about—and it was discussed in the Common’s Committee when it considered the Bill—is the issue of making it plain when you are seeking and applying for jobs what the opportunities for flexible working are. There was a suggestion that job advertisements would have to include something about flexible working. That proposal was opposed by the Government, and the issue was not pushed, and I am certainly not intending to delay the progress of the Bill on those grounds in this House.

However, it is important to understand that it is a very brave applicant for a job who raises the issue of flexible working at an interview—you just do not do it. Really, there is an obligation on employers to indicate clearly to new hires what their policy on flexible working is, whether it is in the Bill or a question of good practice. Perhaps the department could say something specifically to encourage more openness about what opportunities there are for flexible working. It is a key element of the issue dealt with by this legislation, and the absence of any legislative requirement is a gap. Perhaps the Minister could say something about how the Government see that issue.

Finally, it is worth emphasising that the two key factors that would encourage more people to return to work are flexible working hours and working from home—both of which arise in and will be facilitated by the Bill.

So, the Bill is very much to be welcomed, and I thank my noble friend for it. I thank the Government for their support, but we need a more comprehensive approach on labour law. I look forward to that, in one means or another, over the next couple of years.