Employment Relations (Flexible Working) Bill

Sally-Ann Hart Excerpts

Friday 28th October 2022 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con)]

I congratulate the hon. Member for Bolton South East (Yasmin Qureshi) on bringing this pertinent piece of legislation to the House for consideration.

In 2003, legislation came into force that provided employed parents, and certain other carers, of children under the age of six or disabled children under the age of 18, a statutory right to request a flexible working arrangement if they had 26 weeks of continuous service. Such an arrangement could include, for example, a change to their work location, working hours and/or associated working pattern. The right was rightly extended to carers of adults in 2006 and of children under 17 a few years later in 2009.

The Children and Families Act 2014 extended the right to request flexible working to all employees with 26 weeks of continuous service. The current statutory framework is intended to help employers to secure the business benefits of flexible working; to enable employees to better reconcile their work and non-work lives; and to provide employees with access to contractual flexible working.

As a result of the covid-19 pandemic, many businesses that previously had never adopted flexible working were forced to take on new arrangements, primarily including remote working, as was the case in my private office—I am sure that other Members experienced exactly the same thing. This change required the use of new technology for work and the finding of new ways of working.

I am glad that the Government strongly support flexible working and believe that only by championing a flexible and dynamic labour market will we grow the economy while better supporting employees across the country.

In September 2021, the Government published a post-implementation review of the Flexible Working Regulations 2014. It found that 80% of employees and 96% of employers reported that flexible working was available in their workplace. Notably, it stated:

“In the vast majority of workplaces (83%), where a request had been made the request was granted.”

However, it also found that flexible working take-up has remained broadly flat since 2014, with an all-economy average of 59%, as well as highlighting differences in reported take-up and availability, spanning sectors, occupations and genders, as well as different sizes of workplace. In the same month, the Government published a consultation on proposals to encourage a better dialogue regarding flexible working opportunities; it aimed to increase the frequency of requests, as well as speeding up the administrative process involved in making them.

I welcome the amendments that the Bill will make to the Employment Rights Act 1996. Ultimately, it seeks to introduce a requirement for employers to consult an employee before they can reject a flexible working request. As a result of the pandemic, hon. Members present have first-hand experience of managing and working with staff on a remote basis. Although not without its initial challenges, particularly in relation to technology, it has proved both practical and successful. At its best, flexible working can provide employees with a better work-life balance, which in turn is to the practical benefit of employers. It also means that people born in my beautiful constituency of Hastings and Rye can live and work in the community where they were born and grew up.

There is, I think, broad support among hon. Members for this Bill and for what it entails. That support is echoed by a whole range of interest groups, organisations and individuals. We have seen that remote and flexible working has been hugely beneficial for many people; I believe that ultimately the provision of flexible working, whether or not it is welcomed, is destined to be a key part of the make-up of business and employer-employee relations in the coming years.

If we want the British economy to grow in real terms and grow in dynamism, it is imperative that changes to the workplace are properly considered, evaluated and embraced. That will be to the benefit of employees, employers, the wider public and society more generally. Positive change in the workplace cannot and should not be held back, as we are here today to recognise. It is through that lens that I consider the hon. Member’s Bill. I know from speaking to residents of Hastings and Rye that it will be welcomed by many of my constituents. For all those reasons, I give the Bill my strong support.