Employment Relations (Flexible Working) Bill

Yasmin Qureshi Excerpts

3rd reading
Friday 24th February 2023 Commons Chamber

[Yasmin Qureshi (Bolton South East) (Lab)]

I beg to move, That the Bill be now read the Third time.

I am delighted that we are here today to take a further step towards introducing important changes to the right to request flexible working. The changes will help to set the right conditions for employees and employers to realise the benefits of flexible working.

Throughout the passage of the Bill, I have spoken of the importance of flexible working in helping to remove some of the invisible restrictions that hold people back in the workplace. These can include the need to live in high-cost accommodation in city centres or the need to maintain working arrangements that are hard to combine with caring responsibilities. Offering flexibility to balance work and home life can be key to ensuring participation and progression in the labour market and to opening up employment and promotion opportunities for everyone, regardless of their age, gender, disability or location.

The Bill is for the mothers who have to leave their jobs because those jobs do not support flexible working. The Bill is for those with chronic long-term conditions, the disabled and the most vulnerable in our society, who desperately need the flexibility so that they can continue to work while managing their health conditions and the toll that it can take on their mental health. The Bill is for working families—those with young children—who are working hard and trying to make ends meet in a cost of living crisis.

Throughout the Bill’s passage, Members from across the House have been keen to point out the business benefits associated with the take-up of flexible working arrangements. By removing these invisible restrictions, flexible working fosters a more diverse workforce, and evidence shows that this leads to improved financial returns for businesses. Furthermore, workers who have more flexibility are more motivated at work and are more likely to stay with their employer. Of course, there is a strong and unmet demand for more flexible jobs; research conducted by behavioural insight teams shows that offering flexible working can attract up to 30% more applicants for job vacancies.

The successful passage of this Bill would introduce changes to the existing right to request flexible working. That right was first introduced in 2003 for employed parents, and carers of children under the age of six and of disabled children under the age of 18. The legislation has since been amended several times, more recently as part of the Children and Families Act 2014; that was when the right was extended to all employees with 26 weeks of continuous service.

The right allows employees to request changes to their work arrangements and requires employers to properly consider those requests, although—and this is important—they do not have necessarily to agree to them. I recognise that not all organisations will be able to accommodate all forms of flexible working, so this Bill makes some changes to the legislation while retaining the fundamental approach of balancing the needs of both parties. It focuses on setting the right conditions so that employees and employers can have an open-minded conversation about what flexible working arrangements might be possible in any given context.

The Bill contains four measures. The first is to introduce a duty on employers to consult with their employees before rejecting their flexible working request. Put simply, the measure will prevent employers from defaulting to “no” without first engaging with the employee when responding to individual requests.

[James Daly (Bury North) (Con)]

As the hon. Lady has just said, the word “consult” will be in the legislation; as a fellow lawyer, she will recognise that the matter will be litigated at great length before the employment tribunal. Will she go into more detail about what “consult” specifically means and about the requirements on the employer? Will it simply be a conversation or a formal meeting? What does “consult” mean if employers are to act in line with statutory requirements?

[Yasmin Qureshi]

I think that in this context “consultation” means having a proper discussion with employees.

For many employers, what I have been discussing will already be a standard practice but the measure is an important step to ensure that we have consistency across the board. More positively, it will give both parties the opportunity to explore whether alternative workable options may be available before the conversation is closed and a final decision is reached.

The second measure will allow employees to make a second statutory flexible working request within any 12-month period. We all appreciate that a lot can happen in a year. Someone could unexpectedly become a carer or be diagnosed with a long-term health condition, meaning that their working arrangements are no long sustainable. The legislative framework needs to be sufficiently flexible to account for those realities. Amending it in this way will ensure that the right is more responsive to an individual’s needs and helps to avoid negative outcomes. The worst case scenario is when the individual feels that the only option is to drop out of work.

The third measure will reduce from three months to two months the statutory time frame in which employers are required to respond to a request. That is partly about encouraging responsiveness and partly about bringing the legislation up to date. In the event that an individual’s circumstances change unexpectedly, they will be likely to need a quick response so that they can adapt to the changes as efficiently and effectively as possible. More broadly, it is a fact that technology, processes and our understanding of flexible working have all advanced over the last decade and the legislation should be updated to reflect those changes.

The fourth measure will remove the requirement for employees to explain what effect the change applied for would have on the employer and how that effect might be dealt with. It seeks to make sure that the legislation does not unfairly favour those with more experience or who can better articulate themselves in written submissions.

I am pleased that, alongside the Bill, the Government have stayed true to their commitment to me and made the right to request flexible working apply from day one of employment. I am therefore grateful to Government Ministers for the position that they have taken on the Bill. As a package, these measures will help to secure more flexible working where it meets the needs of individuals and business, and will encourage a more constructive dialogue about different ways of working. The changes will also speed up the administrative process and, ultimately, provide more employees with better access to a diverse range of working arrangements.

I thank the organisations that have been a great support in the last few months, including those that have written to me and met me. To name a few, they are: Working Families, the MS Society, the TUC, Pregnant Then Screwed and Zurich Insurance. I especially thank the team in the Department for Business, Energy and Industrial Strategy—the Department for Business and Trade, as we now call it—who have been tremendous in their support throughout the process. All three Ministers whom I have had the pleasure to deal with about the Bill have also been very supportive.

This is a policy area in which both the Labour party and the Conservative party have made commitments. We agree that more can and should be done to help people and businesses to find work arrangements that allow them to participate and prosper in the labour market. I hope, therefore, that hon. Members on both sides of the House will share my desire to ensure that the Bill succeeds.

--- Later in debate ---

[Yasmin Qureshi]

With the leave of the House, I am truly grateful to all parliamentary colleagues who have come to the House today and who were here on Second Reading, and particularly those who agreed to sit on the Public Bill Committee. I genuinely felt humbled when I saw them all turn up in Committee, because they did not have to do so. There was no three-line Whip, so they chose to be there. I am truly grateful to all of them for attending.

Before I conclude, I would like to tell the House a little story. I have been a Member since 2010, and every year I used to put my name forward for the ballot. Last year, when we were sent the notice, I thought, “I’ve never been successful in the previous 11 years, so why should I even bother?” It just so happened—I do not know why—that on that particular day I kept coming across my hon. Friend the Member for Easington (Grahame Morris), and every time he saw me, he asked, “Have you put your name in the ballot box?”, and I said no. After the third reminder, I went and put my name in, and I was successful. I suppose that is a lesson for all Back Benchers: it is possible for them to get their own Bill.

As a Front Bencher, I have been involved in Public Bills, but this is the first time I have dealt with my own Bill. It was not only a pleasure but a steep learning curve as I discovered how to take the Bill through. Of course, it is the first time I have had the chance to work directly with Ministers and civil servants in the Department. I thank the Ministers I have been working with: the hon. Members for Sutton and Cheam (Paul Scully), for Loughborough (Jane Hunt), for Watford (Dean Russell) and for Thirsk and Malton (Kevin Hollinrake). I also pay enormous tribute to the hon. Member for Castle Point (Rebecca Harris), the lovely Whip, who has been instrumental in guiding and helping me, so I thank her for that.

I thank all hon. Members for their contributions, including the hon. Member for Watford, who was one of the Ministers, and the hon. Members for Orpington (Gareth Bacon), for Newcastle-under-Lyme (Aaron Bell), for Bury North (James Daly), for Stoke-on-Trent Central (Jo Gideon), for Buckingham (Greg Smith) and for Aylesbury (Rob Butler). I also thank my hon. Friend the Member for Luton South (Rachel Hopkins) for responding on behalf of the Labour party, and the Minister for signalling the Government’s support for the Bill.

I am glad that Members on both sides of the House agree with the Bill. It is an important piece of legislation that will have an impact on millions of people. I commend it to the House. I am glad to say that the noble Baroness Taylor has agreed to sponsor it in the House of Lords. I wish it a speedy journey.

Question put and agreed to.

Bill accordingly read the Third time and passed.

[Mr Deputy Speaker (Mr Nigel Evans)]

Congratulations, Yasmin Qureshi.