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Enhanced Access to Flexible Working: Employment Relations (Flexible Working) Act 2023 Receives Royal Assent
The Employment Relations (Flexible Working) Act 2023, aimed at providing employees with improved access to flexible working options, has successfully navigated through parliament and been granted Royal Assent.
With this new legislation in place, employees now have the right to make up to two flexible working requests within a 12-month period, as opposed to the previous limit of one. Employers are now obliged to respond to these requests within a reasonable two-month timeframe from the date of submission. The bill completed its third reading in parliament on Friday 14 July.
Notably, the Act eliminates the need for employees to elaborate on how granting a flexible working request may impact their role or how potential challenges would be managed. Instead, managers are required to engage in consultations with the staff member before making a decision.
Regarding the day-one right to request flexible working, it was previously under consideration, but the final bill does not explicitly include it. As it stands, employees are still required to have completed 26 weeks of service with their employer before being eligible to make a flexible working request. However, the government plans to address the day-one request right through separate, secondary legislation, though the specifics of this are yet to be presented.
There is no specific requirement for employers to offer a right of appeal but it is recommended in the ACAS Code of Practice. There is also no minimum requirement of the quality of the consultation process.
A study conducted by the CIPD in May revealed that 14% of employers had already begun enabling a right to request flexible working from the first day of employment, even before the legislation came into effect. This showcases the growing significance of flexible work arrangements in modern workplaces.
Furthermore, the research highlighted that approximately 4 million workers had changed careers due to a lack of flexibility in their job, underlining the importance of providing employees with more options to achieve a work-life balance. With the Employment Relations (Flexible Working) Act 2023 now in place, it is expected that this situation will see a positive shift, benefiting both employees and employers alike.
Taylor Law Sponsor Cleveland Police Federation Bravery Awards
Taylor Law were proud to sponsor, attend and present an award at the Cleveland Police Federation Bravery Awards.
Congratulations to all the Winners!
Two officers whose courage and quick actions on a routine patrol saved a mans life have won Cleveland Police Federation Bravery Awards.
I September last year, PC Steven Robinson and PC Beth Gardiner were on patrol in Ward Jackson Park, Hartlepool, when they saw a man slumped on the pavement.
PC Robinson said “We though maybe he’s had a good night out and a few to many drinks. But when we got a bit closer we thought there was something more sinister”
The officers realised that the man had tried to hang himself. They ran out of their van and got the man free, administered first aid and called an ambulance. When ambulance staff arrived they took control of the situation and thankfully the man survived.
PC Gradiner said “We weren’t expecting the situation so we just did what we could and cut him down. Thankfully he came back around pretty quickly, but it was really daunting and scary”
PC Robinson continued “All officers have got a certain level of training in first aid. But I’d like to think that even as a member of the public, I’d have stopped and tried to do something. It is part of our job, though – were not just there to fight crime. We are there to help people and ultimately that’s what we did that night”
Cleveland Police Federation Chair Stephen Williams-Reader said “What absolutely superb life saving work from Steven and Beth.
“It takes a huge level of bravery to go towards incidents like this and step forward to try and save someones life”
“I applaud these officers quick actions in identifying the man was in trouble and providing first aid until the ambulance arrived. They undoubtedly saved his life. They are total heroes, we are very proud of them”.
Taylor Law Sponsors TIBS FC Under 16 Girls
Taylor Law have followed up there sponsorship of boys football team Riverside U10’s by supporting TIBS FC under 16 girls and helping them to secure rain jackets, which have been much appreciated and needed throughout the last month.
We wish Riverside and TIBS FC all the best for the remainder of the season
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Putting legal representation in place as soon as possible is important to protect your rights.
We have solicitors who can step in immediately to represent you and deal with investigators and police on your behalf. We provide a first-rate legal service and have an excellent track record of success.
We have criminal defence solicitors in Middlesbrough, Leeds and London. For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
Bus driver with Asperger’s Syndrome wins £30,000 payout
Taylor Law’s Chris Bennett successfully represented a bus driver with Asperger’s Syndrome who was called an ‘illiterate imbecile’ and ‘sp****’ by work colleagues and won a £30,000 payout.
Thomas Holland, who had always wanted to be a bus driver, was forced to quit his job when facing continued harassment and discrimination from staff, a tribunal heard.
Colleagues insulted Mr Holland for having Asperger’s, with the firm’s transport manager also referring to him as ‘Mr Bean’ in the workplace.
Read More Here
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At Taylor Law we have an excellent reputation for successful outcomes for our clients in employment matters. If you would like to discuss how we can help you with your employment issue, we would be happy to hear from you. Time is often crucial in dealing with an employment problem, and it is therefore advisable to seek legal advice as soon as you can.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
Using a Mobile Phone Whilst Driving – What the Law Says
On 25 March 2022, the law on people using their mobile phones while driving in Great Britain became stricter.
Since 2003, it’s been an offence to use a hand-held mobile phone or similar hand-held device while driving in Great Britain.
The offence (under Regulation 110 of the Road Vehicles (Construction & Use) Regulations 1986) is specified as using a hand-held device for ‘interactive communication’: principally phone-calls and messages or accessing the internet. Using the device does not need to lead to an accident for the offence to be committed. The offence carries a minimum penalty of a £200 fine and six penalty points. This means an offender would lose their licence after two offences or, for new drivers who have held a licence for less than two years, a single offence would lead to their licence being revoked.
Why has the Government changed the law?
The law is being updated to keep up with technology.
Since 2003, mobile devices have become capable of performing many more tasks beyond ‘interactive communication’. They are used to play music and games, take photos or videos, or scroll through articles. The Government said, the “array of functions that mobile phones can now perform has outgrown the wording of the offence and its parameters”.
What led to the change?
The perceived need for a law change has been highlighted by recent court cases, particularly that of DPP Vs Barreto in 2019. In that case, a driver who was filming a nearby road accident while at the wheel was found not guilty because they were not using a hand-held mobile phone for ‘interactive communication’. The judge said they were therefore out of the scope of this offence.
Following this, the Government consulted on changes to the law. According to the consultation, “the Government considers that all use of a hand-held mobile phone while driving is reckless and dangerous, and not just when being used for the purposes of a call or other interactive communication.”
Department for Transport statistics illustrate the danger. In 2020, 17 people were killed, 114 people were seriously injured, and 385 were slightly injured in road traffic accidents in Great Britain where the driver was using a mobile phone.
Just over 80% of the 423 respondents to the consultation agreed with the Government’s proposal to expand the offence to cover uses beyond ‘interactive communication’.
On 1 February 2022, the Government laid a Statutory Instrument (SI), under the ‘made negative’ procedure, titled The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 which will enact the proposed changes.
What will the new law mean?
The new law will amend the 1986 Regulations and will mean the offence is triggered whenever a driver holds and uses a device, regardless of why they are holding it.
The SI’s explanatory notes state the offence “will cover any device which is capable of interactive communication even if that functionality is not enabled at the time.” This would include a device being in flight mode.
In the text of the SI, the meaning of ‘using’ a phone will be expanded to cover the following:
- illuminating the screen
- checking the time
- checking notifications
- unlocking the device
- making, receiving, or rejecting a telephone or internet based call
- sending, receiving or uploading oral or written content
- sending, receiving or uploading a photo or video
- utilising camera, video, or sound recording
- drafting any text
- accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages
- accessing an app
- accessing the internet
Will there be exemptions?
As well as an existing exemption which allows a driver to use a phone in emergencies, the new law creates one new exemption. According to the SI’s explanatory notes, drivers will be permitted to hold and use a device while driving to make a contactless payment at a payment terminal for goods or services. The vehicle would have to be stationary, and the item being paid for must be provided at the same time or after the contactless payment is made. Such a transaction might include paying for a car park or drive-through coffee using a phone.
The explanatory notes also say that using a mobile phone for navigation will continue to be legal, as long as it is kept in a cradle and not in the driver’s hand. They also say the Government will update both the Gov.uk guidance on Using a phone or a sat nav when driving and the Highway Code, to reduce misunderstandings about the new law, particularly on the difference between hand-held and hands-free use
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At Taylor Law our employment team have in-depth experience of advising on settlement agreements as well as confidentiality clauses and restrictive covenants. We will explain the terms of any document to you clearly and answer any questions you may have.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
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