(1 day, 9 hours ago)
Lords ChamberMy Lords, this has been a wide-ranging, informative and very exciting debate. I thank all noble Lords who have contributed. I take this opportunity to congratulate the noble Lord, Lord Harlech, on his four month-old son. I begin by recognising the key role that parental leave plays in supporting families—I wish it had been available when I became a father, at a much older age, some 18 years ago. I thank the noble Lord, Lord Gascoigne, for sharing his story about the difficult time he had during the birth of his children.
This Government understand that the arrival of a child, whether through birth or adoption, is the most transformative time in a family’s life. We understand that the current parental leave system needs changing so that it better supports working families. We have committed to do this and we are taking action in a number of different ways. Through this Bill, the Government are making paternity leave and parental leave day-one rights, meaning that employees will be eligible to give notice of the intent to take leave from the first day of employment. I hope that many noble Lords will welcome this position. This brings such leave in line with maternity and adoption leave, so simplifying the system.
The Minister said that this brings paternity leave in line with maternity leave, but for maternity leave, the right to pay is also a day-one right. Does he acknowledge that the Bill does not create alignment between maternity and paternity?
The noble Baroness is absolutely right. I just said that the leave is the same as maternity leave, not the pay. This brings paternity leave in line with maternity leave and adoption leave, thereby simplifying the system. We are removing the restriction preventing paternity leave and pay being taken after shared parental leave and pay, to further support working parents in assessing the entitlements available to them. Separate from the Bill, planning work is under way for the parental leave review, which will explore how well the current system supports working families and what improvements could be made.
Amendments 127, 80, 138 and 139 seek to make changes to paternity leave and pay. Amendments 127 and 139 are in the name of the noble Baroness, Lady Penn. Amendment 127 seeks to extend statutory paternity leave and pay from two weeks to six weeks and to increase the rate of pay to the lower of 90% or national median pay—although the drafting relates specifically to pay. Amendment 139 seeks to make statutory paternity pay a day-one right for all employees by removing the current continuity of working requirements. The noble Lord, Lord Palmer, has laid two similar amendments, Amendments 80 and 138. Amendment 80 would increase the minimum length of paternity leave from two to six weeks and require regulations to introduce the ability to take paternity leave at any time in at least the first year following birth or adoption. Amendment 138 calls for the existing flat rate of statutory parental payments to be increased, by doubling the rate from £184.03 to £368.06.
I hope to reassure the noble Baroness and the noble Lord, in part by highlighting several reforms to paternity leave and pay which took effect in April last year. These changes now allow eligible parents to take their leave and pay in two non-consecutive weeks; to take their leave and pay at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks, as was previously the case; and to give shorter notice for each period of leave. I hope that the noble Lord, Lord Palmer, will therefore agree that, while well-intentioned, Amendment 80 is not necessary in relation to when paternity leave is taken, for the reasons I have just explained.
Will the noble Lord clarify whether he just said that there are no day-one rights to parental pay, including for maternity?
I will read it again. Amendment 139 would make statutory paternity pay a day-one right. Currently, no parental pay entitlements are available from day one, including maternity pay.
Does the noble Lord acknowledge that maternity allowance is available from day one, at the same rate of pay as statutory paternity pay?
The noble Baroness is absolutely right: maternity allowances are available from day one.
Parental pay entitlements require employees to meet an average earnings test. Calculating whether newly employed parents have met this threshold would present a significant challenge to their new employers who administer parental payments.
Amendments 127, 138 and 139 would introduce a cost burden to the Exchequer at a time when public finances are under pressure. When considering calls to increase the level of parental pay generally, any changes will need to take account of the economic situation, the financial impact on employers and the needs of parents, and be made in consultation with businesses and stakeholders. The Secretary of State for Work and Pensions is required by law to undertake an annual review of benefits and state pensions, including statutory payments. This is based on a review of trends in prices and earnings growth in the preceding year. Generally, as with other benefits, parental payments are increased in line with CPI. For example, statutory maternity pay, statutory paternity pay and statutory adoption pay will all increase by 1.7% in April 2025, in line with the September 2024 CPI figure.
Does the noble Lord acknowledge that, in linking the payments to CPI, what is actually happening is that we are seeing a bigger gap between statutory payments and people’s salaries, as the national minimum wage is increasing by a greater degree? The process that the noble Lord has laid out is increasing the problem that we have of payments not coming anywhere close to replacing wages.
I thank the noble Baroness for that. That is the situation as it is now. Until and unless things change, that is what is happening.
Depending on individual circumstances, additional financial support will be available to parents. For example, universal credit, child benefit and the Sure Start maternity grant may be available alongside statutory parental pay.
I turn to the issue of shared parental leave. Where fathers and partners want a longer period of leave and pay, shared parental leave and pay is already available. Shared parental leave and pay offers up to 50 weeks of leave and up to 37 weeks of pay, which can be created for parents to share from maternity entitlements that the mother does not intend to use. Parents can use the scheme to take leave together for nearly six months, or intersperse periods of leave with periods of work.
I turn to Amendment 136, again laid by the noble Lord, Lord Palmer, and supported by the noble Baroness, Lady Whitaker, which calls for individuals who are self-employed or contractors to have access to statutory adoption pay within six months of the passage of the Bill. It would also require the terms “self-employed” and “contractors” to be defined in regulations, to set out a clear description of who would qualify for statutory adoption pay under this extended eligibility.
I want to reiterate my appreciation and gratitude towards all adoptive parents, who provide loving and stable homes to children who are unable to live with their birth parents. Currently, parental leave and pay entitlements are generally not available to the self-employed. This focus on providing parental leave and pay to employees is rooted in the understanding that employees often have less flexibility and control over their working conditions than those who are self-employed. There is of course the exception of maternity allowance, which is available to self-employed mothers as an important health and safety provision. It makes sure that mothers can take time away from having to work to recover from childbirth, bond with the child and establish breastfeeding if they wish to do so. For parents who do not qualify for adoption pay—for example, those who are self-employed or contractors—statutory adoption guidance advises local authorities to consider making a payment similar to maternity allowance.
In November 2024, the Government published Keeping Children Safe, Helping Families Thrive, in which we allocated £49 million to the adoption and special guardianship support fund for this financial year. This will enable local authorities and regional adoption agencies to offer a wide range of tailored support, including psychotherapy, family therapy and creative therapies, to adoptive families. These services are available following a locally conducted assessment of the adoptive family’s needs.
Amendment 128, tabled by the noble Baroness, Lady Penn, would commit the Government to introducing regulations requiring organisations which employ more than 250 people to publish information about their parental leave and pay policies. It is true that parental leave and pay policies are not extras. They are essential policies that allow people to manage their professional and personal responsibilities and play a huge role in addressing wider social and economic issues.
The Bill contains a number of measures which will improve the support working families receive, most notably by: putting in place legislation that makes it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who come back to work for a six-month period after they return—except in specific circumstances; making flexible working the default, except where not reasonably feasible; and the requirement that large employers produce equality action plans. We feel that we are already striking the right balance between doing more to help working families and ensuring that these changes are manageable for employers to respond and adapt to. Therefore, we do not believe this is the right time to legislate to require publication of parental policies.
Amendment 76, tabled by my noble friend Lady Lister, would make it a legal requirement for the Secretary of State to begin a review of paid parental leave within six months of Royal Assent and to lay the review before Parliament within 18 months. I share the desire of all the noble Lords and Baronesses who have tabled these amendments today: I too want to see change made to the parental leave system to better support families, and I thank them for their clear dedication to improving the lives of parents and children. I recognise their concerns that the current system reinforces outdated gender roles. The responsibility for childcare remains, for many families, with the mother. For many, this will be through choice, but it is also reflective of a system that grants fathers and partners a short period of time off to be with their partner and child during this first year of life. Shared parental leave is available to qualifying fathers and partners who wish to take a longer period, but take-up remains low.
Family life has changed radically since the 1970s, when the then Labour Government passed the Employment Protection Act, which established the right to maternity leave for working mothers. We all agree that improvement needs to be made, and this Government have already begun that work by making paternity leave and parental leave day-one rights through this Bill. This removes a layer of complexity and makes the system more accessible. More needs to be done, and I recognise the fair point raised by my noble friend Lady Lister in Amendment 76 that a review needs to address the disparities in the current system.
The plan to make work pay—a manifesto commitment —committed to a review of the parental leave system within the first year of a Labour Government to ensure that it best supports working families. Planning is under way, and we hope to provide further detail soon.
Can the Minister confirm that the Government will meet that manifesto commitment to start the review within the first year, and can he give a timescale not just for when the review will start but for when it will be completed?
I can give the commitment that we will do this within the first year of the Labour Government.
We are planning and conducting the review within the first year of the Labour Government.
It would be premature to make further legislation in this space before the parental leave review has taken place. We will, however, take my noble friend’s ideas and concerns into consideration, and I look forward to updating your Lordships’ House on the review.
Before I conclude, we understand the concerns raised by—
I thank the noble Lord for that intervention, and I will speak to my officials and write to all noble Lords accordingly regarding the review.
We understand the concerns raised by micro and small businesses around proposed day-one rights to paternity leave. Those employers often work with very lean teams and tight margins, so any perceived increase in entitlement can raise questions about costs and continuity. Introducing day-one rights is about fairness and consistency. It ensures that all fathers, regardless of tenure, have the opportunity to support their families at a critical time.
I am sorry to interrupt the noble Lord again. He has just talked about the importance of a day-one right to paternity leave, giving fathers the ability to take that leave, but, as the noble Baroness, Lady O’Grady, said, unless it is paid, swathes of dads will not be able to afford to take it. If the Government recognise the importance of this, why will they not make it paid?
I thank the noble Baroness for that. As I said in my previous paragraph, we are making day-one rights such as this and consulting, and the review will look at all the issues that the noble Baroness has brought forward. Until we get the review done, I really cannot commit to anything at this stage.
For businesses, this kind of support fosters loyalty and improved retention in a competitive hiring environment. Demonstrating a commitment to family-friendly practices helps attract and keep skilled employees. We also encourage proactive workforce planning. Cross-training and flexible staffing arrangements can mitigate disruption during short absences. Many small employers already manage similar situations around holiday leave or illness, so this policy is not about adding burden but about building a workplace culture where staff feel valued from the very start. We are committed to working with small businesses to ensure that the transition is smooth, supported and sustainable.
I hope I have reassured all noble Lords of the Government’s commitment to parental leave and respectfully ask that the amendment be withdrawn.
(6 days, 9 hours ago)
Lords ChamberMy Lords, I rise to move Amendment 64 in my name. This amendment makes a simple change to the right to request flexible working. In 2023, the Employment Relations (Flexible Working) Act amended the right to request flexible working so that it applied from the first day of employment. Previously, employees needed to wait for 26 weeks as a qualifying period before making a request. That was a good move forwards, but in practice, this still means that when finding and taking a new job, an employee might need to leave a role that offers them the flexibility they need without knowing whether their new employer can accommodate their responsibilities outside work. If that request is then denied, the employee may find themselves in an impossible situation, forced to choose between their work and their responsibilities outside work. Employers might also find themselves having gone through a whole recruitment process, having waited for their new recruit to work a notice period for their previous employer, only to find that they cannot accommodate their new employee’s request and potentially having to start the recruitment process again. To me, that is a lose-lose situation, leaving both the employee and the employer worse off.
TUC research shows that two in five mothers do not feel comfortable asking for the flexible working they need during a job interview, for fear that they will face discrimination or have their offer withdrawn. Changing the law to allow flexible working requests from the job offer stage would give candidates vital protection. As I have said, the change would also benefit employers. It would create a legal framework for an open, honest conversation about working patterns before contracts are signed, ensuring that both parties can agree on arrangements that genuinely work for them. It does not change employers’ need to consider a flexible working request, nor their right, having given it proper consideration, to say that it does not fit with their business needs. Such a change would and could support fairer hiring, greater inclusion and better long-term retention.
Flexible working can unlock economic opportunities for growth. Indeed, the post-implementation review of the Flexible Working Regulations 2014, which extended the right to request flexible working to all employees, not just those with caring responsibilities, showed that flexible working can reduce vacancy costs, increase skills retention, enhance business performance and reduce staff absenteeism rates. It has the potential to bring people back into economic activity who would otherwise have left the labour market.
The noble Lord, Lord Londesborough, spoke about the importance of bringing older people back into work, along with people with disabilities and those who have been on benefits for a period of time. These are people whom the Government are spending a lot of time and effort trying to re-engage into the workforce for their own good and for the good of economic growth. This change could help do that.
On these Benches, we have emphasised the benefits of having a flexible labour market, and, in my view, that means one where people are able to move easily between employers. I think this amendment would support that, so I would be interested to know what the Minister thinks of this proposal. I beg to move.
My Lords, it is a pleasure to follow the noble Baroness, Lady Penn. I shall speak to Amendment 66 in the name of my noble friend Lord Watson, who is unable to be in his place today due to a long-standing family commitment.
Clause 9, on flexible working, will make a huge difference to working people, including those with caring responsibilities. Many of us know all too well and very personally the daily juggling-act miracle that working mums especially are expected to perform. Anything that makes their lives easier has to be welcome. Flexible working has the added benefit to business and for the wider economy of making it easier for carers to both enter the workforce and stay there. This will help close the gender pay gap, reduce child poverty and help keep mothers and babies healthier.
Amendment 66 seeks to address the concern that, to be effective, those new rights must have teeth. I know that my noble friend Lord Watson would want to acknowledge the support of Maternity Action and the National Education Union in preparing this amendment. Amendment 66 would require the Business and Trade Secretary to review and publish a statement on the adequacy of the maximum compensation which an employment tribunal can award where an employer has not followed its obligations in dealing with an employee’s flexible-working request.
Currently, employees have the right to request flexible working, but employers can refuse on a wide range of listed grounds. Clause 9 boosts employees’ rights by introducing a reasonableness requirement, meaning that employers will be permitted to refuse a statutory flexible-working request only if it is reasonable to do so on one or more of the listed grounds. This new requirement is a positive step towards making flexible working the default. The problem is about the maximum compensation which an employment tribunal can award when it upholds an employee’s complaint about how an employer has treated their flexible-working application.
Currently, the maximum compensation that an employment tribunal can award is eight weeks’ pay, capped at £719 per week, which is a total of £5,752. This low compensation cap does not reflect the devastating cost to a worker where that flexible working has been unreasonably refused. Maternity Action and trade unions have documented how unreasonable refusals effectively force employees—particularly many new mothers and other carers—out of their job, often into lower-paid and less secure work or out of work altogether.
Flexibility should be a two-way street for the employer and worker, but in the real world too often it is mothers who are paying a high price. Set against the expense of legal representation, the low level of compensation available deters mothers from pursuing a flexible-working complaint through an employment tribunal. Their only meaningful recourse may be an indirect sex-discrimination claim against their former employer for which compensation is not capped. However, such claims are often long, complicated and extremely stressful. It is much better to send a signal that the Government are serious about enforcing flexible working rights so that employers are encouraged to do the right thing in the first place.
In the Bill’s impact assessment, it is stated that an aim of the changes in Clause 9 is to allow an employment tribunal to scrutinise whether the decision to reject a flexible working request was reasonable. For that to be effective, penalties should be introduced that reflect a substantive failure to act in accordance with a new reasonableness requirement. The Government’s aim of making flexible working the default is very welcome, but I hope my noble friend the Minister will consider bringing forward an amendment on Report or provide reassurance that other routes will be taken to ensure that the new right to flexible working is one that will be enforced in practice and that workers who are unreasonably refused such arrangements get adequate compensation.
I thank my noble friend for that. I certainly will not try to better his knowledge of employment law and, indeed, compensation for penalties in employment law. What I will say is that the basic principle that this amendment is calling for is not necessary. We have the powers to do what is behind the amendment already in the Bill. Indeed, it is up to individual organisations to engage if they think that that power needs to be used more frequently or to a greater extent.
My Lords, I thank all noble Lords for their participation and support and my noble friend Lord Ashcombe in particular for his comments, which demonstrated very practically the benefits of flexible working to businesses and in running teams effectively. I also thank the noble Lord, Lord Fox.
Just to emphasise further the potential benefits of flexible working for businesses and in terms of getting people re-engaged in the workplace, research conducted by the Behavioural Insights Team has shown that offering flexible working can attract up to 30% more applicants to job vacancies, and work by the ONS revealed that older workers working flexibly would be more likely to plan to retire later. Those are just two further specific examples.
I will speak just briefly to the other amendment in this group. I heard how well put the noble Baroness’s argument on behalf of her noble friend was, but I also hear the nervousness around increasing the number of issues that go to employment tribunals and then, across this Bill, the burden that will be placed on tribunals and the delays for both employers and employees caught in that system. The Minister said that perhaps it had, in recent years, been underinvested in, and that that was something the Government would seek to address. I would therefore be interested to know from Minister whether that is something that the Government will seek to address, whether he can say what additional investment will go into the employment tribunal system to prepare for the Bill and whether he will also commit to that investment going in ahead of the commencement of the Bill, so that we have the system in place to deal with some of the changes that we have heard about. He may wish to return to that point at a later point in the debate—he is not leaping to his feet right now.
I acknowledge that, although my amendment would change the legislative framework for flexible working, it is really about changing the culture to one where you can have the conversations as early and openly as possible. However, in how we have approached flexible working in legislation, we have underpinned those changes with legislative rights, so that people have rights to come back to.
I was slightly confused by the noble Lord’s response to my amendment. He said that, in practice, it is what happens anyway, but it would not be appropriate to underpin it with legislation. I was not totally clear why not, when we underpin the rest of the system of the right to request flexible working with legislation. He also said that if someone had their job offer withdrawn because they had made a request for flexible working, that would be covered by existing discrimination legislation. I do not believe that would be the case. It would be the case if their job offer had been withdrawn because they had a protected characteristic.
Actually, I think that one of the important things about the shift in flexible working that we have seen in recent years, and the 2014 move to extend that right to request to everyone, not just mums, dads or carers, is the changing of the culture around what flexible working means. It is really important for those people with caring responsibilities and other responsibilities in their lives, but it is really important for a whole host of other reasons, and we cannot second-guess people’s individual circumstances when they request flexible working. If someone has been made a job offer and they request flexible working, I do not think that current legislation will protect them if that job offer is withdrawn on that basis.
I would be very happy to write to the noble Baroness to clarify our understanding of the way that the discrimination order would operate in that scenario. Perhaps the way that I was explaining it was not clear enough, but we think that it is the case that a lot of what she is asking for in the amendment will be covered.
I thank the noble Lord for that offer; I really appreciate it. Just to touch on the points made by my noble friend Lord Jackson, I absolutely heard his support for flexible working. In fact, one of the points I just made is that I am really keen, as noble Lords will hear from me on later amendments on paternity leave, that we shift some of the assumptions around who might need and use flexible working and other kinds of flexibility in the workplace, so that we do not assume that it is just the women or the mums. Then they might actually face less discrimination, because an employer cannot look at someone and say, “I think this person’s going to make a particular request of me and I’m a bit nervous about that: how’s that going to work?”
The whole basis of this, and the whole success behind it, will be in having the support of employers. This is an area where culture has shifted. There is further to go among some employers, but they really see the benefits of this in their workplaces, so although I have tabled an amendment to provide a legislative underpinning to things, I think it is about changing culture and having a more open conversation. With that, I beg leave to withdraw my amendment.
(3 years ago)
Lords ChamberMy Lords, it is a great pleasure to follow the noble Lord, Lord Anderson of Ipswich. It will not surprise your Lordships that my speech will focus on matters of policing.
I declare an interest as the former national president of the Police Superintendents’ Association. It is a public service of which I am still very proud and in which I spent 35 years of my life serving the public. It was an exciting time. I am saddened, to say the least, that the police service has had such a torrid time with reputational damage over the last few years, with a worrying fall in prosecutions of and convictions for rape and, in my judgment, an all-round generally poor performance in service to the public, culminating in the tragic murder of Sarah Everard by a serving police constable.
That left me wondering what the causes were. It is well known that the financial crash of 2008 led to austerity measures resulting in a reduction of police nationally from a high of 172,000 officers in 2010 to just 150,000 by 2017, a reduction of 22,000. It is not rocket science to understand that higher workloads due to increased road traffic, computer fraud, online grooming, organised crime, drug trafficking and modern slavery, together with the slashing of police budgets, could lead to only one thing: a drastic reduction in ordinary community policing, which, as we in this House all know, is the backbone of policing by consent.
As a result, local police stations were closed, police visibility was reduced, response times have become a scandal and the investigation of burglary quite often amounts to the issuing of a crime number for insurance purposes. I have even seen a recent example of a valuable motor car being stolen from a gated property in Bury, with images of the theft taking place provided on CCTV by the victim, where the police could not even be bothered to examine it because of a lack of manpower. That is a disgrace.
To be fair, the Home Office is a large, diverse department of state and the Home Secretary is responsible to Parliament for the provision of police services. The task should have been made easier by the election of police and crime commissioners, but I will leave that issue to one side as I believe that, with many PCCs representing political parties, there is a risk of drawing police into party politics. It is manifestly clear that the Home Secretary should fight the police’s corner, but unfortunately many officers feel that she has let them down. The Police Federation recently wrote an open letter expressing a lack of confidence in the Home Secretary, which shows how strained relations have become.
There is an understandable and strong belief that the police are not valued by this Government. That is perfectly clear when we see that, since 2010, workloads have increased dramatically while the police have seen a staggering real-terms pay cut of 20%. There is an independent pay review mechanism for the police, just as for Members of Parliament, yet when that review body recently announced a modest pay rise for police officers the Government announced a public sector pay freeze. It did not go unnoticed that the freeze did not apply to honourable Members in another place. Where is the fairness in that?
I will say no more about pay as the police service has closed ranks and is seeking a judicial review of the so-called independent pay machinery. This of course is a Government who illegally prorogued Parliament and openly admitted to being prepared to break international law. When Owen Paterson was found to have breached lobbying rules, the Prime Minister tried to change those rules—not to mention all the dissembling that has taken place by the PM on the protocol, which has already been mentioned. Of course, this Government do not like judicial review, as we have seen. I am tempted to join the revolutionary movement of the noble and learned Lord, Lord Judge, because clearly the changing balance is all in the Government’s favour.
Moving on, you cannot make a silk purse from a pig’s ear, and this applies to the recruitment of police officers. I am not talking about academic qualifications but about moral fibre, good judgment and probity. There has been quite a bit of publicity recently about a number of serving officers with criminal convictions. A serving officer was known to be committing indecent exposure, yet no action was taken. Serving officers have taken photographs of murder victims and there was a WhatsApp group in which Metropolitan Police officers expressed misogyny and homophobia. Wayne Couzens, the convicted killer of Sarah Everard, was nicknamed “the rapist” by colleagues while serving as a police officer.
There appears to have been an appalling fall in standards of recruitment. What has happened to the recruitment of mature ex-servicemen who already come packaged with maturity and discipline? I believe the necessity of probation training leading up to a degree qualification discourages many excellent people who simply want to be a police officer on the streets; they do not want to be an academic or in senior management.
Finally, we have seen a shocking pattern of conduct by the present Government, who should be setting standards of behaviour: breaches of the Ministerial Code, misleading the House of Commons and I dare not even mention partygate. I have concluded that it does not help to set standards when those expected to enforce the law see a Government whose conduct suggests that they clearly think they are above the law.
Does the Minister, a canny lad from the north-east, agree—I think he probably will—that the police should do better than this, and that the British people deserve a police service that is properly funded, remunerated fairly and one that they can trust, believe in and be proud of? In essence, a service that this country can—
My Lords, it might be worth noting the advisory time limit. We are only half way through the debate.
May I just finish with one final question to the Minister? The gracious Speech stated that the Government will “support the police”. In the noble Lord’s reply to the debate, will he indicate when and in what way?
(3 years, 2 months ago)
Lords ChamberI was just asking for an indication from the Minister; I am with withdrawing my amendment.
My Lords, the noble Baroness will be able to withdraw her amendment after the Question has been put.