Terms and Conditions of Employment

Baroness Winterton of Doncaster Excerpts

Tuesday 14th May 2024 Commons Chamber

[Kevin Hollinrake]

I do not think so. There is a financial deterrent to going down a route that is not appropriate, and to not following the code. As I say, we are striking a balance. There are situations in which, as a last resort, businesses need to do something more drastic; for example, a business might be in peril and unable to survive without making the kind of changes we are discussing, and such cases have come before tribunals. If the question is whether it is right that everybody shares a small burden—say, a reduction in salary—one person cannot hold out against that, and prevent a restructuring that is in the interests of the many, rather than the few. The provisions have been used in the past to save businesses and therefore jobs. That is what we are trying to protect, while also protecting against a rogue employer using such opportunities irresponsibly and unfairly.

The code will apply to all employers, regardless of size. We expect all employers in relevant scenarios to adhere to it. As I said, employment tribunals will have the power to apply an uplift of up to 25% of an employee’s compensation if an employer unreasonably fails to comply with a code that applies.

In accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State consulted ACAS on a draft statutory code before publishing it. Between January and April 2023, the Government publicly consulted on a draft code, enabling trade unions, employers and other interested parties to contribute their views. Careful consideration was given to those views, and as a result, changes were made to the draft code. The Government are very grateful to all respondents to the consultation for their considered and helpful responses. An updated draft code was laid before Parliament on 19 February, and a Government response to the consultation was published on the same day. The draft code was then debated in both Houses of Parliament. I am pleased to say that it was approved. The Government will introduce separate legislation to bring the code into force before summer recess.

The Government are going even further by bringing forward this order, which will increase the deterrent effect of the code by adding a protective award where there is non-compliance with the collective consultation requirements in schedule A2 to the 1992 Act. The protective award is compensation awarded by an employment tribunal when an employer does not consult with its employees before dismissing 20 or more of them within any 90-day period at a single establishment. Schedule A2 to the 1992 Act sets out the list of claims for which an employment tribunal can make a 25% adjustment to compensation if one of the parties has unreasonably failed to comply with a code of practice made using powers in section 203 of the 1992 Act. The relevant code of practice that will be impacted by this change is the code of practice on dismissal and re-engagement. The change will mean that where an employment tribunal is making a protective award, and it appears to it that the employer has unreasonably failed to comply with the code, the tribunal may increase that award by up to 25%. The change was called for by respondents to the consultation, including trade unions, and will increase the deterrent effect of the code.

There are calls to ban the practice of dismissal and re-engagement, or to restrict the practice in a manner that effectively amounts to a ban. The Government believe that we must preserve companies’ flexibility, so that they can manage their workforce in times of crisis. The UK’s flexible labour market is key to economic growth and helps business to thrive, so it is right that we have mechanisms to enable us to save as many jobs as possible. The code is a proportionate response to controversial fire and rehire practices, balancing protections for employees with business flexibility. The vast majority of employers want to do the right thing by their employees. For most employers, decisions to change terms and conditions, or to let members of the workforce go, are not taken lightly.

The UK is a great place to start and grow a business. It has a strong labour market, and its success is underpinned by the balance between labour market flexibility and worker protections. It is vital that we continue to strike the right balance, while clamping down on poor practice. The Government intend the code and the order to be in effect before the summer recess. I commend the order to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.