Source · Select Committees · Business and Trade Committee
Recommendation 29
29
Deferred
Paragraph: 160
Careful review needed for employment regulations if Retained EU Law Bill receives Royal Assent
Conclusion
If the Retained EU Law (Revocation and Reform) Bill receives Royal Assent, a substantial body of regulations contained within EU retained law and covering employment standards and rights will cease to apply in the UK unless specifically preserved in some form. Great care will need to be taken in reviewing these regulations and determining how they should each be treated, to ensure that there is clarity and consistency in UK labour law.
Government Response Summary
The government welcomes acknowledgement of its support for the Employment Relations (Flexible Working) Bill and intends to make the right to request flexible working apply from the first day of employment, but this response is unrelated to the committee's conclusion about the Retained EU Law Bill and the need for careful review of EU retained employment law.
Paragraph Reference:
160
Government Response
Deferred
HM Government
Deferred
The Government welcomes the Committee’s acknowledgement of our support for the Employment Relations (Flexible Working) Bill. We recognise the benefits flexible working can bring and we are committed to supporting individuals and businesses to find flexible work arrangements that work for both sides. That is why, alongside the Bill, we also intend, through regulations, to make the right to request flexible working apply from the first day of employment. The right to request flexible working is not a “right to decline”. Under the current legislation an employer is obliged to accept a flexible working request unless there are good business reasons for rejecting it. There are many types of flexibility that can help employees manage their lives and flexibility is not simply the ability to work from home. Not all types of flexible working are available in all jobs—for example, working from home is not an option for most nurses. It is right that employer can turn down particular flexible working arrangements where they are impractical. The Government welcomes the fact that the Committee has taken the opportunity to encourage employers to specify, when advertising job vacancies, that a role may be suitable for flexible working. Research conducted by the Behavioural Insights Team has shown that offering flexible working can attract up to 30% more applicants to job vacancies13 In 2019, we consulted on whether employers should be required to do this. 13 Behavioural Insights Team Research https://www.bi.team/blogs/bits-biggest-trial-so-far-encourages-more- flexible-jobs-and-applications/ Post-pandemic economic growth: UK labour markets: Government Response 23 response from those employers we were most looking to influence—those not culturally ready would simply default to “no”. The Government will therefore continue to encourage employers to advertise jobs flexibly on a voluntary basis, where this reflects a genuine offer of flexibility. The Government will continue to promote this business case in collaboration with stakeholders on the Flexible Working Taskforce. The Civil Service leads by example in this area by encouraging flexible working and offering a range of flexible working options as part of the total reward package.