Strikes (Minimum Service Levels) Bill

Debate between John McDonnell and Ian Lavery

Committee stage
Monday 30th January 2023 Commons Chamber

[Ian Lavery]

I rise to speak to amendments 78, 95 and 96 in my name, which focus on the instruction of people to work that is encompassed in a work notice. Amendment 78 refers to the removal of the protection for those refusing to work on strike days, and amendments 95 and 96 would ensure that people receive a copy of the work notice and other related details.

I will focus on the legislation. This is a sackers charter that is about destroying the very fabric of the trade union movement. People say that the devil is in the detail, and it certainly is when we read this Bill. When the Minister comes to the Dispatch Box, I ask him to confirm, for everybody concerned, whether an individual who is instructed by a work notice that they must go to work on a strike day, but then refuses, will not be sacked. I have a lot of time for the Minister—in fact, I am nearly calling him an hon. Friend—

[John McDonnell]

Steady!

[Ian Lavery]

I hear my right hon. Friend say, “Steady!”, but I want the Minister to confirm that, because that simple question has been asked by many hon. Members tonight and he shook his head on every occasion. Simply, for the sake of individuals who are instructed by a work notice to cross the picket line, will they not be sacked? Never mind the situation whereby their protection under the unfair dismissal regulations will be withdrawn—what does that mean? If that is withdrawn, it means that they will be sacked. That is exactly what it means—we do not need to be employment lawyers to recognise that.

The Bill is also about attacking individual members in the workplace, particularly trade union representatives. If there is going to be a strike in a workplace, perhaps about health and safety, and the trade union representative is advocating strike action because that is what they are elected to do, but the boss—the gaffer—gives them a work notice and says, “You’re the person who’s got to cross the picket line,” how does that work? In the main, we have fair bosses and bad bosses, and bad bosses will pick out people they can get rid of as quickly as possible. A trade union rep advocating action on a health and safety issue could be dismissed, because the protection is gone for someone who refuses to cross the picket line and go into work. Even Conservative Members understand that that is not fair in any way, shape or form. How can it be? Individuals have the right, regardless of work notices, to withdraw their labour. It is a basic human right. Here we have legislation that not many people—even in this place—want; it is a knee-jerk reaction. It is what happens when the Conservative party is cornered and is 25 points behind in the polls. What can unify them? I will tell you what unifies the Tory party: attacking the trade unions. That gets them speaking. That is the true red meat of unifying Tory politics. But tonight there have not been many speakers from the Conservative Benches.

An accusation has been made that trade union members are not ordinary people, but they could not be more ordinary if they tried. They are the fire and rescue service people who run towards fires and towards those in desperate need of being rescued; as we have seen, sadly, a member of the Scottish Fire & Rescue Service has just lost their life. These are ordinary people. Nurses are ordinary people saving lives on a daily basis. Transport workers kept the country running before the pandemic, during the pandemic and after it.

The work notice is a bosses’ charter. I have spoken about the duty of care of an employer to an employee. What happens if someone, despite campaigning for action, is told by their employer that they must go to work? What will be the impact on that individual’s wellbeing? What impact will it have on mental health in the workplace when people are compelled to work? It is not short of a form of industrial slavery to compel people to go to work against their wishes.

It is not the same in Italy. It is not the same in Germany. It is not the same in France. It is different. Stop arguing the cheat, because it is completely different, and that has been highlighted by speaker after speaker, particularly with regard to the difference in collective bargaining and sectoral collective bargaining. There has not been an impact assessment or any consultation with the trade unions or those who will be involved. This is simply Government diktat. It is draconian, authoritarian legislation that is unfit for purpose. It is unfair, undemocratic, unworkable and unsafe. It is unfit for purpose. I am proud to be voting against it tonight.