Employment Relations (Flexible Working) Bill

Louie French Excerpts

3rd reading
Friday 24th February 2023 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to follow my hon. Friend the Member for Orpington (Gareth Bacon), who represents the constituency where I went to school. I congratulate the hon. Member for Bolton South East (Yasmin Qureshi) on introducing the Bill and on successfully getting it through Committee and back to the Floor of the House. May I also congratulate the hon. Member for Preston (Sir Mark Hendrick) on his Co-operatives, Mutuals and Friendly Societies Bill, which we passed a few moments ago? On a day on which we are showing solidarity with Ukraine, it is good that in the best traditions of this House we are working together to pass legislation that will make a difference to our constituents across the country.

I do not intend to go into too much detail on the Employment Relations (Flexible Working) Bill, because I would be repeating what other hon. Members have already said. It would introduce a requirement for employers to consult before rejecting a flexible working request; allow an employee to make a second statutory request within any 12-month period; reduce the decision period; and remove the requirement, which is currently a bit of a burden, for the employee to explain the effect that the change would have on the employer. Those are all sensible, proportionate changes. I am conscious of the need not to burden businesses unnecessarily, and I know that the Minister addressed in Committee the fact that there will be small administrative costs to business as a result, but I think that these proportionate changes reflect the reality of the modern workplace.

A lot of changes have come about as a result of covid. My hon. Friend the Member for Warrington South (Andy Carter), who is not here today—I am sure he is in his constituency—was right to note on Second Reading that a lot of us were able to work well during covid because we have laptops and we do a job in which we can use them. Even in this place, which can sometimes be a pretty inflexible workplace, we showed a great deal of flexibility.

Many of our constituents do not have that flexibility. They have jobs that require them to be in the office or on the job at a particular time, but they also have complicated lives—they may be single parents or have caring responsibilities for their own parents or elderly relatives—and we really need to make life better for them. That is what the Bill will achieve, so again I congratulate the hon. Member for Bolton South East.

[Mr Louie French (Old Bexley and Sidcup) (Con)]

Does my hon. Friend agree that amid fierce competition for labour, employers that can offer flexible working are more likely to hang on to existing staff and attract new staff?

[Aaron Bell]

My hon. Friend is absolutely right. I will address why the day one right, which was introduced in Committee, is so important. We all want a dynamic labour market. Although we believe in free markets, they are not about benefit for the employer; they are about benefit for both sides. As my hon. Friend the Member for Orpington said, employees have the right to seek the best price for their labour, professional development and circumstances that work for them. My hon. Friend the Member for Old Bexley and Sidcup (Mr French) is absolutely right: employers need to recognise that, and those that do will see their businesses grow and thrive.

The lack of flexible working imposes barriers on everyone, but especially on women, the disabled, carers and older people. On that last point, I was contacted last month by a constituent in Chesterton asking what job opportunities with flexible working arrangements were available in the area. That person was 82—an 82-year-old inquiring about what we can do to support people like them back into the workforce in some way. In my view, it would be beneficial to do anything we can to help people after retirement age—or those who have just retired but may not be at retirement age—back into the workforce should they so wish.

I know that my right hon. Friend Chancellor of the Exchequer has been keen to boost economic activity in that area. A number of people have dropped out of the workforce since the covid pandemic. Getting those people back into the workforce—even on a part-time or flexible basis—would be of great benefit to the country, because they have stores of knowledge, experience and wisdom that can be added to the productivity of our businesses and public sector. That is why the Bill is so important.

I thank the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend for Thirsk and Malton (Kevin Hollinrake), for overseeing the Bill and for engaging with it in Committee in December. If I may, as it is germane to the Bill, I thank him for meeting me and businesses from my constituency in a Committee Room on Monday. We had four exceptional firms from Newcastle-under-Lyme: Incap UK, Langley Alloys, Mondrem and GivEnergy.

It is worth noting that one of the people who came down to meet us is the chairman of one of those companies and is in his 70s. That goes to illustrate the point that I just made about the importance of retaining the wisdom that is out there among people who have run businesses in the past. We do not want that wisdom on the golf course; we would like some of it back in our boardrooms, informing our businesses about how they can grow, particularly our manufacturing businesses. We have a great deal of manufacturing in Newcastle-under-Lyme, as the Minister heard on Monday.

I pay tribute to the Minister for what he is doing. I worked in the private sector—as did he, setting up businesses—before coming to this place, and I think it is important that we have an understanding of business and of how it can benefit from the legislation introduced by the hon. Member for Bolton South East. We also spoke about the planning system, about apprenticeships and, most of all, about the need for productivity.

We have a productivity puzzle in this country. The question of why we have not been able to get as much growth as we might is all wrapped up not just in the way that our public sector works—indeed, Mondrem is working on making our public sector and councils more productive in the planning sector—but in how we can improve private sector productivity. Flexible working is a big part of that, for exactly the reasons that my hon. Friend the Member for Old Bexley and Sidcup set out in his intervention.

In the Children and Families Act 2014 the coalition Government introduced the right for all workers with 26 weeks’ service to request flexible working, as we discussed earlier. The provision was reviewed by this Government in September ’21, and 80% of employees were aware of it in their workplaces. I am sure that the true figure is higher and that it is available in more workplaces, because 96% of employers reported that it was, so there is clearly still work to do on awareness, and the Bill—as well as the associated coverage in the press—will help with that. Eighty-three per cent. of flexible-working requests were granted.

The Bill, as amended, provides for the day one right to make a request. That is absolutely correct. To refer again to the speech by my hon. Friend the Member for Orpington, we want a dynamic labour market, and employees must be free to move around to seek better opportunities, professional development or simply a higher salary. Someone who has a flexible working arrangement that works for them should not feel tied to that employer because they feel that they would not be able to get that arrangement on day one with another employer. Obviously, they could discuss at a job interview whether such an arrangement might be possible.

We do not want to put people in a position where they feel tied to an employer that has given them a flexible working arrangement because they might not be able to port that arrangement over, from day one, to a new employer. That could put people off, including women who are bringing up children, people who are looking after their elderly parents, and all the other cases that we have mentioned, such as people with disabilities who need adaptations. That would put people off moving between jobs when doing so is frequently a way to advance in one’s career, make a better life for one’s family and get oneself a more fulfilling job and life. It is a Conservative principle to support both sides of that negotiation, and we do that not by tying people to an arrangement—essentially a closed-shop arrangement— but by giving them the flexibility to duplicate what they have with their current employer from day one with a new employer.

I am conscious that I have been speaking for a while and that a number of Members wish to speak, so let me conclude by saying that this very positive Bill builds on the work of the coalition Government and private Members’ Bills that did not make it this far. I congratulate the hon. Member for Bolton South East, and I thank the Minister for his engagement. I look forward to the Bill passing its Third Reading shortly.