New flexible working on the way?
Flexible working. The Employment Relations (Flexible Working) Bill would amend current flexible working laws to: (1) remove the requirement for employees to explain in their statutory flexible working request what effect they think the change would have on their employer and how that might be dealt with; (2) allow employees to make two requests per twelve-month period rather than one; (3) require the employer to consult with the employee before rejecting their request; and (4) reduce the period within which an employer is required to make a decision on the request from three months to two (see Follow up ).
Pro advice. The Bill doesn’t include provision regarding making the right to request flexible working a day one right. However, the government has confirmed that provision will be implemented through secondary legislation.
Pro advice. Although these changes, if enacted, would make the statutory flexible working process more onerous for you, there’s no proposed change to the eight business reasons for rejecting a request.
Harassment at work. The Worker Protection (Amendment of Equality Act 2010) Bill would amend the Equality Act 2010 to: (1) introduce a new mandatory duty on employers to take all reasonable steps to prevent sexual harassment of their employees in the course of their employment; (2) provide for a compensation uplift of up to 25% on the amount awarded in sexual harassment cases where there has been a breach of the new statutory duty; and (3) make employers liable for all types of harassment, i.e. not just sexual harassment, of their employees committed by third parties, subject to the “reasonable steps” defence - and liability may arise the first time that the harassment occurs (see Follow up ).
Pro advice. The government is now backing a total of six employment-related Private Members’ Bills, which means many of the measures that had been expected to be in a new Employment Bill are now more likely to come into effect through these Bills. However, if these Bills are eventually passed, it’s unlikely the provisions will come into force before early 2024.
Employment Relations (Flexible Working) Bill
Worker Protection (Amendment of Equality Act 2010) Bill
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