Insights

Flexible Working Bill passes third reading in House of Lords

21/07/2023

On Friday 14 July, the Employment Relations (Flexible Working) Bill passed its third reading in the House of Lords, meaning that once given Royal Assent, it will be enacted in Law.

The Bill, once enacted, will amend section 80F of the Employment Rights Act 1996 so that all employees will have the right to request flexible working, supposedly from their first day of employment (though it remains to be seen whether the Government will make this a ‘day one right’).

Further:

Workers will get two opportunities each year to request flexible working, instead of the current one;
Employers will have to respond to the request within two months, unless otherwise agreed;
The burden will be on the Employer to demonstrate why the flexible working request will not work, rather than the employee having to prove it will
The Employer will have to consult workers before making a decision on the flexible working request and, must explain the reason(s) why if they decline the request

Lottie Mallin-Martin, Employment barrister at Guildhall Chambers, says ‘The amends introduced by the Flexible Working Bill should benefit all employees in the workplace, but they will be especially important to some working parents, carers, and disabled people. While the amends are intended to promote constructive discussion about flexible working arrangements, the Bill is silent as to the grounds on which an employer can reasonably reject a request, or an employee can appeal an adverse decision.

ACAS is currently consulting on the draft Code of Practice on handling requests for flexible working. It’s anticipated that the outcome will be a clear explanation of the law, alongside good practice advice on handling requests in a reasonable manner. To take part in the ACAS consultation, visit their website: https://www.acas.org.uk/about-us/acas-consultations/code-of-practice-flexible-working-requests-2023. ELA will also be forming a working group to take part in this consultation.’

Share

Guildhall Chambers nominated for 6 awards at the Legal 500 Bar Awards 2023

18/07/2023

Nigel Farage: De-banked or De-bunked?

24/07/2023

Authors

Lottie Mallin-Martin

Call: 2019

Related Practice Areas

Employment & Discrimination

Sign up

To be kept up-to-date with our latest news and future events, please complete the short form.

Register

Follow

Popular Insights

Release after half or two-thirds of a sentence? Examples from a year in the criminal courts

09/08/2023

Recoverability of VAT on Costs

06/12/2022

The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648

22/12/2022

For help or advice please call 0117 930 9000 or complete the form below.

A member of the clerking team will help you resolve your request.

Name(Required)

First Last

Email(Required)

How can we help?(Required)

CAPTCHA

Phone

This field is for validation purposes and should be left unchanged.

Frequently asked questions

If you have any queries about the services offered by Guildhall Chambers you are invited to contact the clerks at:

[email protected] or [email protected]. If you would prefer to telephone then please call 0117 930 9000 (the telephone number for the London office is 020 3709 9100).

The following are invited to contact the clerks (as above) for our barristers’ services:

Solicitors;
Licensed Access clients, who may hold a licence issued by the Bar Standards Board, or be a members of a professional body which has been recognised by the Bar Standards Board; and
Members of the public who wish to instruct a barrister under the Public Access scheme.

We will provide you with a quote as soon as possible and, unless you are informed otherwise, within 14 days. If your matter is urgent please specify this when contacting chambers, and we will work to expedite your query. Guildhall Chambers are used to receiving and responding to work on an urgent basis.

Our barristers act both in advising clients and in representing clients in court. Barristers from Guildhall Chambers appear at all levels of the civil and criminal courts, including the Magistrates’ Court, the Crown Court, the County Court, the High Court, the Court of Appeal and the Supreme Court.

Our barristers act in criminal work for the Crown Prosecution Service (hereafter ‘CPS’) and other prosecuting agencies, as well as for Defendants, at all stages in the criminal justice process.

In civil work, our barristers act for both Claimants and Defendants at all levels of the civil justice system.

We also act for public bodies (particularly in Court of Protection work). Some of our members are members of the Attorney General’s Panel Scheme, which means that they can be instructed to act for the government.

Members of chambers also act for clients in cases heard in the Land Tribunal and in the Employment Tribunal.

If you have any questions about whether a barrister from Guildhall Chambers is able to represent you or has experience in representing clients in a particular area of law, or in a particular tribunal or court, then please do not hesitate to contact the clerks.

Public Access (also known as Direct Access)

If you are a member of the public, the Bar Standards Board’s Public Access Guidance for Law Clients is available here.

This guidance will help you to understand how the Public Access scheme works and explains how you can use it to instruct barristers directly.

Please note not all of our barristers act on a public access basis. Please check with the clerks and on the Public Access page on our website to see which barristers are able to act on a direct / public access basis.

We have barristers who are able to provide services on a public access basis including in the following areas:

What are the levels of fees to be charged for Public Access work?

Guildhall Chambers provides further information on the likely level of fees to be charged for specific areas of work if the barrister is instructed on a Public access basis. We provide this information in relation to work on a Public Access basis for:

Summary only motoring offences;
Employment tribunal work (in relation to unfair and wrongful dismissal cases);
Inheritance Act advices (where the value of the estate is less than £300,000);
Winding-up petitions

Please click on the relevant area to find out more information about the likely level of fees for the services of our barristers in these areas. This information is also available in hard copy format.

Please note that all of the above indicative fee information is still dependent upon the usual factors which may increase (or in some circumstances decrease) the likely cost of the barrister’s services.

Please read this information when considering the range of likely fees in these areas of Public Access work. For the most accurate information on the potential fees involved in your case, please contact the clerks.

If I instruct a barrister on a Direct Access basis, will there be any additional costs to pay or just the barrister’s fee?

It is also important to note that in relation to direct access work there may be costs, fees and/or charges which you will have to pay in addition to the fees which are payable to the barrister. In order to find out more about what (if any) additional costs arise, it is sensible to discuss this with the clerks (or the barrister who you instruct) at the outset.

Examples of additional charges which may be payable in addition to the direct access barrister’s fee include:

Court fees. Whether a court fee is payable (and how much that court fee will be) will depend on the circumstances of your case albeit in many (but not all) cases the value of the remedy which you are seeking will be a key factor;
There may occasionally be charges for photocopying and/or bundle preparation;

Barristers in the following teams most often charge on the following basis for the following areas of work (in each instance please contact the clerks to check that this system of charging will be applicable for your case):

Administrative and Public Law work is most often charged (or calculated) on the basis of an hourly rate.
Court of Protection work is most often charged (or calculated) on the basis of an hourly rate.
Clinical negligence and personal injury work is most often charged (or calculated) on the basis of an hourly rate.
Commercial work is most often charged (or calculated) on the basis of an hourly rate.
Costs and litigation funding work is most often charged (or calculated) on the basis of an hourly rate.
Criminal work on a private basis (where the client is not eligible for legal aid) is normally charged (or calculated) on the basis of an hourly rate fixed fee.
Employment and discrimination work is most often charged (or calculated) on the basis of an hourly rate for advisory work. Representation in court is most often charged on the basis of a fixed fee.
Insolvency work is most often charged (or calculated) on the basis of an hourly rate.
International and offshore work is most often charged (or calculated) on the basis of an hourly rate.
Property and estates work is most often charged (or calculated) on the basis of an hourly rate.
Regulatory and disciplinary work is most often charged (or calculated) on the basis of an hourly rate.
Sport law work is most often charged (or calculated) on the basis of an hourly rate.

Please note that this is guidance for the approach which is taken in most cases in the relevant area of work. It does not preclude the barrister from charging fees on an hourly rate or a fixed fee basis (as appropriate) where the circumstances of the case, the work which the barrister is required to undertake, and the nature of the instructions best suit that model.

All fees are charged exclusive of VAT (where applicable).

Please contact the clerks in the first instance for information about fees and fee quotes because they will be able to provide you with the clearest information about what the services from barristers at Guildhall Chambers may cost. The clerks will also be able to provide you with information about what may cause any fee quote or estimates to vary. The clerks can only provide you with a quote based on the information which you provide to them, so please endeavour to provide a written summary of the important aspects of your case.

All quotes will be provided within a reasonable time, and in any event the clerks will aim to provide a quote within 14 days. If you require work urgently, please inform the clerks about this when seeking a quote.

We will always aim to set out quotes clearly, but if you receive your quote and there is something that you do not understand, please do not hesitate to contact the clerks. There is also an enquiry form on our website which allows you to provide the clerks with information for the purposes of generating a quote for your case.

Barristers in chambers can charge on an hourly rate basis or on the basis of a fixed fee. However, unless a fixed fee is set when a barrister initially receives instructions to undertake work on your behalf, then the barrister will work on an hourly rate basis.

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Our barristers will also accept instructions under conditional fee arrangements (colloquially known as ‘no win, no fee’ arrangements) however the barrister is not obliged to agree to work on this basis and will have to enter into a written agreement to that effect in order to do so. Please contact the clerks in order to discuss whether this is an arrangement which you would like to explore in the circumstances of your case.

If you have any queries about whether you have legal insurance available to you to cover your costs and/or provide funding in relation to your legal costs then please read the guidance provided by Legal Choices at https://www.legalchoices.org.uk/legal-choices/money-talks/after-the-event-insurance/.

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Some barrister will work without requiring a fee from their client (this is referred to as “pro bono” work). However, barristers are not required to act on this basis. If this is something which you are interested in for the purposes of your case, then please contact the clerks. Please note that pro bono work is normally provided through the Pro Bono ‘Advocate’ Scheme. For more information on that scheme please follow this link https://weareadvocate.org.uk/ or call 020 7092 3960.

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Barristers at Guildhall Chambers do provide their services to clients who are funded by the Legal Aid Agency. If you are unsure whether you are eligible for legal aid then please see the legal aid eligibility calculator at https://www.gov.uk/check-legal-aid.

Please note that barristers cannot do legal aid work unless they have been instructed by a solicitor. However, just because your case is eligible for legal aid funding does not mean that you cannot choose to proceed under Public Access scheme.

Timescales for a case may vary depending on factors such as the availability of the barrister, the type and the complexity of the case, the approach of the other side and court waiting times. Whilst all barristers will aim to complete any written and/or advisory services required on a case within 28 days this will not be possible in all cases. If there is a particular deadline then this must be raised and agreed with the barrister when any instructions are given to the barrister.

Please note that due to the impact of the COVID-19 pandemic many cases (both civil and criminal) have been delayed and there are significant backlogs in the system. Whilst this will not usually alter the timescales for the services which barristers at Guildhall Chambers will provide, it may mean that timescales given in relation to the progress of your case through the courts will be affected.

Whether the fees are to be charged on an hourly rate or a fixed fee basis there will be certain factors which may increase the level of work involved, and therefore the fees which are likely to be charged (or the number of hours involved). Those factors include:

The seniority of barrister required for your case. The more experienced the barrister (which is normally calculated on the number of years since they were called to the bar) the higher the likely level of fees to be charged.
The number of papers involved in the case and/or the complexity of the factual issues involved.
The time in which you require the work to be turned around and/or the services to be provided. More urgent work will often involve a higher level of fee (for example if this involves the barrister working over a weekend or prioritising your case over other work).
The amount of time that your case will require the barrister to be in court.
The amount of travel time required for the barrister to get to and from court. Travel time is usually charged at half the barrister’s hourly rate.
The complexity of the legal issues involved.
The significance of the case more generally, for example if the case has wider ramifications for the client generally and/or public or legal significance.

If you are concerned about the level of fees which may be involved in your case please inform the clerks at the earliest opportunity who will be able to discuss with the barrister how costs can be managed on the case.

Please not that fee indications are (unless expressly agreed otherwise) not “caps”, and if a barrister is required to do work on the case, then they will charge accordingly. We will always aim to inform you if the fees on the case are likely to exceed the fee quotes or estimates previously provided.

The best way to manage the level of the fees is to discuss the circumstances of your case (including any issues regarding fees) with the clerks when initially seeking to instruct a barrister.

Barristers at Guildhall Chambers are regulated by the Bar Standards Board (hereafter ‘BSB’). You can contact the BSB at 289-293 High Holborn, London, WC1V 7HZ or by telephone on 020 7611 1444. Please follow this link to the BSB website:
https://www.barstandardsboard.org.uk.

If you are interested in seeing: (i) whether a barrister has a current practising certificate or (ii) whether a barrister has any disciplinary findings (which are published on the BSB website) then you can search the Barristers’ Register on the Bar Standards Board website here.

What is the complaints procedure at Guildhall Chambers, and do I have any further rights of redress if I am unhappy with how my complaint has been handled?

If you have any complaint about the services provided by a barrister at Guildhall Chambers, then please read our complaints procedure here or download a pdf copy here

.

Guildhall Chambers have premises in both London and Bristol. Please find the addresses for our offices below:

Bristol offices:

5-8 Broad Street
Bristol
BS1 2HG

23 Broad Street
Bristol
BS1 2HG

London office:

Central Court
Southampton Buildings
London
WC2A 1AL

It is advisable to contact the Bristol offices in the first instance, because Guildhall Chambers do not have a permanent staff presence at the London office (although calls will be forwarded from the London office). This does not inhibit barristers from Guildhall Chambers from representing London clients or in appearing very frequently in the courts in London.

Cookie	Duration	Description
_GRECAPTCHA	5 months 27 days	Google Recaptcha service sets this cookie to identify bots to protect the website against malicious spam attacks.
cookielawinfo-checkbox-advertisement	1 year	Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Advertisement" category.
cookielawinfo-checkbox-analytics	1 year	Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Analytics" category.
cookielawinfo-checkbox-functional	1 year	The GDPR Cookie Consent plugin sets the cookie to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary	1 year	Set by the GDPR Cookie Consent plugin, this cookie records the user consent for the cookies in the "Necessary" category.
cookielawinfo-checkbox-others	1 year	Set by the GDPR Cookie Consent plugin, this cookie stores user consent for cookies in the category "Others".
cookielawinfo-checkbox-performance	1 year	Set by the GDPR Cookie Consent plugin, this cookie stores the user consent for cookies in the category "Performance".
CookieLawInfoConsent	1 year	CookieYes sets this cookie to record the default button state of the corresponding category and the status of CCPA. It works only in coordination with the primary cookie.

Cookie	Duration	Description
VISITOR_INFO1_LIVE	5 months 27 days	YouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface.
YSC	session	Youtube sets this cookie to track the views of embedded videos on Youtube pages.
yt-remote-connected-devices	never	YouTube sets this cookie to store the user's video preferences using embedded YouTube videos.
yt-remote-device-id	never	YouTube sets this cookie to store the user's video preferences using embedded YouTube videos.
yt.innertube::nextId	never	YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requests	never	YouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.

Cookie	Duration	Description
_ga	1 year 1 month 4 days	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.
CONSENT	2 years	YouTube sets this cookie via embedded YouTube videos and registers anonymous statistical data.

Flexible Working Bill passes third reading in House of Lords

Authors

Lottie Mallin-Martin

Related Practice Areas

Popular Insights

For help or advice please call 0117 930 9000 or complete the form below.

Frequently asked questions

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Guildhall Chambers

Expertise

Insights

Careers

Search

Flexible Working Bill passes third reading in House of Lords

Authors

Lottie Mallin-Martin

Related Practice Areas

Popular Insights

For help or advice please call 0117 930 9000 or complete the form below.

Frequently asked questions

How do I contact chambers and your clerks?

What services do barristers from Guildhall Chambers provide?

What is Public Access (Direct Access)?

How are fees calculated for different areas of work?

How do quotes and fees at Guildhall Chambers work?

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Do you have timescales for the services which you provide?

What will increase the level of fees to be paid on a case?

Who regulates the barristers at Guildhall Chambers?

What is the complaints procedure at Guildhall Chambers?

Where is Guildhall Chambers based?

Guildhall Chambers

Expertise

Insights

Careers

Search