UK: Children and Families Bill

On 4 February 2013 the Government published the  Children and Families Bill which will introduce the new shared parental leave regime and the extension of the right to request flexible working to all employees. 

The Bill includes powers to make regulations (not yet available) providing for the new "shared parental leave" which will be an alternative to maternity leave, expected from 2015.  Details of the proposals are set out in our blog and discussed in this article published in Employment Law Journal in January 2013, before the Bill was published.

The Bill does contain some new detail: it sets out proposed new rights for qualifying employees and agency workers, including fathers and partners of mothers, to unpaid time off for up to two ante-natal appointments. Those adopting can take paid time off for up to five adoption meetings for one person.  The maximum time off for each appointment is six and a half hours.  

The Bill also contains more detail on the proposal to extend the right to request flexible work to all employees with at least 26 weeks’ service from 2014.  It envisages maintaining the current list of grounds upon which an employer can refuse a request to work flexibly, but replacing the current statutory process with an obligation on employers to consider requests in a reasonable manner, within a reasonable period of time.   A final decision on a request should be given within three months unless further time is agreed.  A statutory Code of Practice and best practice guidance will be issued to assist employers; an Acas consultation on the Code is expected in 2013.