Labour has demanded that the Government brings forward its promised Employment Bill to enshrine the right to work flexibly in law post-COVID-19.

Commenting after the Chancellor shared the view that working people should return to the office full-time, Angela Rayner MP, Labour’s Deputy Leader and Shadow Secretary of State for the Future of Work, said:

"The British people want to be able to work flexibly after COVID-19 and the Chancellor seems to be the only person who doesn’t recognise the benefits that flexible working can deliver to workers and employers alike.

“The Chancellor should check the manifesto that he was elected on in 2019 which committed the Government to making flexible working the default. The Chancellor and his colleagues should bring forward the Government’s promised Employment Bill so we can enshrine the right to flexible working in law.

“Labour will give all workers the right to flexible working so everyone can enjoy the benefits of flexible working and make their own minds up about what works for them so that work fits around our lives instead of dictating our lives.”

Earlier this year, Pam Loch, employment lawyer with Loch Associates, told International Workplace what we could expect from the Employment Bill when it becomes law, which included:

The future for flexible working
The Government had been planning to address flexible working pre-COVID pandemic. At present, employees must have 26 weeks’ service to make a statutory flexible working request. The Government has been considering removing the 26-week requirement and making it a day-one right. It is also now considering making flexible working the default position post-COVID-19.

The Right to Disconnect
Aligned to flexible working, the ‘Right to Disconnect’ has recently been pushed by trade union Prospect. The union is campaigning for this to be part of the Employment Bill to help employees switch off and protect mental health. Prospect wants employers to be legally required to negotiate with staff and agree rules on when staff cannot be contacted for work purposes.

Redundancy protection
The Government is contemplating extending the current protection in relation to redundancies in respect of employees on maternity leave to those taking adoption leave and shared parental leave (but not paternity leave). This would mean those employees would have the right to be offered a suitable alternative vacancy in a redundancy situation ahead of others. There is also the potential for extended protection from being selected for redundancy for employees who announce they are pregnant and for six months after they return from maternity leave.

Neonatal leave
Following a consultation in 2019 the Government intends to create a new right for parents to take an additional week’s leave for every week their baby is in neonatal care, up to a maximum of 12 weeks. It is likely that the leave will have to be taken in a continuous block of one or more weeks. It would be subject to qualifying conditions and to staff with a minimum qualifying period of 26 weeks’ service, who earn above the minimum pay threshold.

Carer’s leave
Another new right that could be created by the Employment Bill is designed to support employees with caring responsibilities. They would be able to take one week’s unpaid leave each year.

Zero-hours contracts
It’s anticipated that a new right may be created for workers to have the right to request a more predictable and stable contract after 26 weeks’ service. This is aimed to address the uncertainty faced by workers engaged under contracts with variable and unpredictable hours, such as zero-hour employees.

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