Employment (Allocation of Tips)

Debate between Baroness Winterton of Doncaster and Dean Russell

Tuesday 14th May 2024 Commons Chamber

[Dean Russell]

My hon. Friend makes an incredibly important point, which gets to the heart of this: the fairness here is to not just the workers, but the businesses. Most businesses do the right thing and pay a decent salary. The Minister can correct me on this, but I believe that legislation taken through a while ago means that tips cannot form part of a salary. So businesses should be paying a decent wage. When some organisations do the wrong thing, what they are doing is anti-competitive; they are making profit off the backs of their workers by keeping their tips, and the businesses doing the right thing in giving 100% of the tips to the staff are less competitive. My approach is therefore far fairer to the majority of businesses that do the right thing, and to the workers. It is also far fairer to the customers, who thought that the money was going to the staff and did not realise that a percentage of it, or in some instances all of it, was being taken from them.

My Bill will ensure fairness—that is the key word we should all take from the Bill and from today’s debate. It will ensure that all tips, 100% of them, are paid to staff. Agency staff will be included in that; when I originally talked about this Bill, some had a concern about a two-tier system for workers. The Bill will also ensure that a policy is in place—a code of practice—so that businesses ensure that their staff know where they stand. Businesses will be able to be clear with everyone who works for them how the tipping practice will work; I will not go through the full list, as the Minister did an excellent job of listing it earlier.

This measure has been a journey. I mentioned my work on the Bill with my hon. Friend the Member for Ynys Môn, but, as with all journeys, I began this trek much earlier. In many ways, this began with the fantastic work done by my right hon. Friend the Member for Bromsgrove (Sir Sajid Javid) when he was a Secretary of State. He put in place the work enabling the Government to look at how we could make sure tipping was fair, so this measure is built on the shoulders of giants. I will not list them now, but many Members have been involved in making sure my Bill came to fruition. Many organisations were also involved, and I thank UKHospitality, especially Kate Nicholls, who has done a fantastic job; and the Night Time Industries Association, which has done brilliant work. Conservative Members do not often talk positively about unions, but the GMB has done fantastic work, and I should give another mention to ACAS. Lots of businesses, employers and employees have also really pushed for this to come to fruition.

I want to thank some current and former members of the Government, particularly my hon. Friend the Member for Sutton and Cheam (Paul Scully), who was incredibly supportive when I originally tried to bring my legislation in as a presentation Bill. At the time, we were going to make it part of the Employment Bill. Unfortunately, that did not happen, but many of the policies that were going to be included did happen through various other routes. I thank my hon. Friend the Member for Loughborough (Jane Hunt), who was a fantastic supporter and an able Minister.

Of course, I also thank the Minister before us today and his team. He has been excellent in making sure that this is pushed forward and, through him, I would like to thank his team. Some of them were my team in my short time as a Minister, so I know the passion they had about making sure that we got this right. During my brief time as a Minister, I had to hand over this precious baby of mine, the tips Bill, to a colleague to make sure we could keep it moving forward through the House. That was when I was able to speak to my hon. Friend the Member for Ynys Môn, who has an incredibly important hospitality industry in her constituency. I could not think of someone more able and more energetic to make sure that we got the Bill through. Through her work and our work with Lord Robathan, we made sure that it got through and received Royal Assent. Many Members will not know that on the day it was given, I was fortunate enough to meet the King that morning in Parliament—I am sure that is a rare story and one for a pub quiz sometime in the future.

The other person I would like to give a huge thanks to is the lady who rarely gets a mention in here but who is behind so many of these incredibly important Bills: my hon. Friend the Member for Castle Point (Rebecca Harris). She does an incredible job in giving us guidance on how to navigate the complex system of getting a Bill through Parliament and in giving us confidence that it is possible. She has made sure that many Bills have got through and gone on this incredibly important journey, including many others in which I have had involvement in different ways, such as those on flexible working, maternity care, leave and so on.

My Bill will help about 2 million hospitality workers across the UK. That is an incredible number. When I have spoken about this to people around the House or to my constituents, I have found that so many more people will talk about its importance: customers who want to make sure that money for which they have worked hard and which they are giving as a thank you gets to the people they are giving it to; and colleagues who have family members who work as waiters or waitresses, or who work in bars, as this will make sure that they get the money that has been gifted to them. Many colleagues have spoken to me about their experiences of working in hospitality while at university or when they were younger. That has shown me how the hospitality sector plays an important role in our society: it provides a type of apprenticeship to many of us before our careers. We learn a lot about our culture, society and community, as well as about people, through hospitality. That is why I have been so passionate about saving our night-time economy, including music venues, in Watford and across the UK. Music venues have been at the heart of our society and I fear they may be damaged in the future, but I hope the Bill may play a small part in helping them.

The Bill is also about fairness. It is impossible to legislate for fairness in society—it is a gut feel—but fairness is at the heart of what it is to be British. We believe in fairness in all parts of our society. At its heart, the legislation goes back to the fact that when someone gives money as a gift to someone else, they expect them to get it. That is what this Bill will ensure, and I am grateful to the Government for that.

I want to raise a couple of related points with the Minister to ensure they are covered as the legislation moves forward. We need to ensure there is a communications strategy before October so that workers know their rights, how to access them and what is covered. Businesses also need to know that the legislation will not be a burden. During the early stages of the Bill, I was mindful that it must not be a burden and more red tape for businesses. The majority of businesses get that and understand it. Those that were doing the wrong thing will, no doubt, kick up a fuss. Over the coming weeks and months, we will probably hear about businesses trying to get around the regulations by forming new practices. I hope the Government will clamp down on those, and name and shame the businesses involved; I will certainly be happy to do that to ensure that fairness is the heart of the regulations.

The Government have a role to play in supporting the hospitality sector as a whole as best they can. Businesses in the sector are important parts of our communities; they are in the heart of every village, town and city. Hospitality is often the reason people visit an area, it is often the first port of call for a job and a career, and it plays an important role in entertainment and culture. No other industry has such an important and broad role, so I want to ensure it is fair. I thank the Government, the Minister and colleagues across the House who have been incredibly supportive, especially my hon. Friend the Member for Ynys Môn. Finally, may I say a huge thank you to my constituents in Watford? If they had not put me here, the Bill may not have been making progress today.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the spokesperson for the Scottish National party.

Business of the House

Debate between Baroness Winterton of Doncaster and Dean Russell

Thursday 25th January 2024 Commons Chamber

[Dean Russell (Watford) (Con)]

May I, too, send my condolences to the family of Sir Graham Bright, who was incredibly kind to me when I was a candidate and gave great support and advice over many years?

I have been robustly raising the concerns of residents of Kytes Drive in Watford regarding a planning application, including bringing a petition to Parliament about the long-term use of the site, to ensure that it would be suitable and used only for people who were veterans, those with disabilities and older people. I am pleased to say that, by ensuring that the chief executive of Anchor heard residents’ concerns, I have had a small long-term win: Anchor has agreed to pursue a local authority lettings agreement prioritising the housing needs of people with disabilities, veterans and other vulnerable people.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Ahem.

[Dean Russell]

Although I appreciate that my right hon. Friend may not be able to comment on planning specifically, can she advise me on how I can best encourage the council to take up that offer?

Hunting Trophies (Import Prohibition) Bill

Debate between Baroness Winterton of Doncaster and Dean Russell

Report stage
Friday 17th March 2023 Commons Chamber

[Dean Russell (Watford) (Con)]

I will be brief, because I know many hon. Members would have loved to speak in the debate today. I pay tribute to my hon. Friend the Member for Crawley (Henry Smith) for this Bill and to my hon. Friends the Members for North Herefordshire (Sir Bill Wiggin) and for Christchurch (Sir Christopher Chope) for doing something that has enabled this important Bill to safeguard animals to go through. We have seen an outpouring of support for the Bill across the nation, from hon. Members, the Government and the general public. I pay tribute to them all and thank them. I am sure that, like me, many hon. Members have cancelled constituency events to be here to support the Bill; I support it wholeheartedly and I thank the House for supporting it too.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.

Employment Relations (Flexible Working) Bill

Debate between Baroness Winterton of Doncaster and Dean Russell

3rd reading
Friday 24th February 2023 Commons Chamber

[Dean Russell (Watford) (Con)]

I rise in support of the Bill and I pay tribute to the hon. Member for Bolton South East (Yasmin Qureshi) for her incredible work to ensure that it reached this stage. I also thank the Minister and his team for their work to ensure that it happened.

I am slightly biased, because I was a Minister for a short period and worked on the Bill with the hon. Lady. Its importance goes beyond politics and party lines, so I am pleased that hon. Members have come together to ensure that it goes through to the next stage. I hope that, when it reaches the House of Lords, the Lords realise how important it is to this place and to society. During the pandemic, and in the lead-up to it, society changed and flexible working became much more important to us, because the technology had finally caught up with where society wanted to be.

The challenge is that we live in a fast-paced, 24/7 world where it is easy to be switched on all the time. Sadly, some workplaces expect us to be switched on 24/7, which can be challenging for families, parents and everyone. It also means, however, that we can be switched on to work from home, when it is beneficial to be at home or to be flexible in the hours that we work, and so fulfil our duties as family members, parents, siblings and carers while delivering on the job at hand. Flexible working is often seen through the lens of workers, and that is absolutely right, but it is important that businesses know that it is also beneficial to them. Some employers already have lots of flexible working opportunities, and they do that not only for the right reasons, but because it is good for them, as it is good for employees, for productivity and for morale.

I want to raise several points about the Bill. First, it introduces a requirement for employers to consult with the employee before rejecting their flexible working request, which facilitates a more open and constructive dialogue between employers and employees. That is important, because to have that conversation in the first place enables action to be taken, but if the request cannot be achieved, the Bill would ensure there is an understanding of why, which ultimately may enable a future request. That is important because it opens employers’ eyes to the importance of flexible working to the employee.

Secondly, the Bill allows an employee to make two statutory requests in any 12-month period. That is important, because at the moment it is just one, and the problem is the stress on the individual. It is quite a moment when someone needs to go in and ask for time to be flexible within the workplace. For many, even asking makes them worry and fear that they will then be judged and that ask will be seen as negative. The Bill makes a level playing field by ensuring that both employee and employer are aware of why the flexible working request is important and what the benefits are, and ultimately what difference it will make to the employee.

Thirdly, the Bill reduces the decision period within which an employer is required to administer the statutory request from three months to two months, reducing undue delay for the employee, who is balancing multiple commitments. I have had a family member have to go into hospital, which all of a sudden throws everything out. It throws up the challenges of picking up one’s child from school and the worry about one’s family member—it picks up so many different issues that can affect someone within the workplace. It can affect what they are thinking about and where they can physically be at certain times. Making that request and knowing that one can get a response within two months rather than three makes a big difference. That could perhaps be even shorter, but I appreciate that for many employers, making a change within two months can be challenging in and of itself.

Fourthly, this important Bill removes the requirement that the employee must explain the statutory request, the effect the change would have on the employer and how that might be dealt with. That is crucial, because previously the employee had to explain to the employer how the request for time and flexible working practice would impact on the business. The challenge for employees is that they might not know the full context. They might not be able to make that argument. Someone working as a cleaner in a business might not know why the request has an impact on the wider business, but that does not mean the request is not still crucial or that it will have an impact on their ability to do their job.

Fifthly, it was pleasing to see in Committee that the amendment tabled on the entitlement to make flexible working applications from day one was accepted by the Government. That took a lot of time and effort to get right, because for some businesses the concern was that if they are doing it on day one, how can the person be judged on doing their job when they are not physically in work, and how can the impact of the request be judged? The amendment would enable any employee on day one to go in and say, “I’ve got a need to be flexible, but I can still offer something positive to the business and make sure that I am delivering.” This is about productivity and flexible working in the best possible way, but it is ultimately about ensuring fairness at the heart of workers’ rights and within businesses.

With the Employment (Allocation of Tips) Bill that I have been working on with my hon. Friend the Member for Ynys Môn (Virginia Crosbie), the key thing is workers’ rights, but it is also about fairness. In the workplace, we often go to work to make a life. We work to live or we live to work. Many of us in this place often live to work and we all love what we do 24/7, which is why we do what we do; it is about community and civic service. However, many people go to work to get a wage in order to go home and look after their family, and flexible working is a key part of that. When we are looking at this Bill, we have to make sure we are delivering on that part.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. We shall now observe the national one-minute silence to mark the one-year anniversary of the full-scale Russian invasion of Ukraine.

Copyright (Rights and Remuneration of Musicians, etc.) Bill

Debate between Baroness Winterton of Doncaster and Dean Russell

Friday 3rd December 2021 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Gentleman for that point of order. I assure him that I am listening carefully and will let the House know if anything is disorderly. Obviously lots of others want to speak, so the hon. Member for Watford (Dean Russell) might not want to give his entire life story. It is quite important that his speech be relevant to the Bill, which is about the remuneration of musicians.

[Dean Russell]

I thank the hon. Member for Swansea West (Geraint Davies) for making sure that I stay on track, as it were.

The reason I am saying all this is that I am trying to give an illustration of how people get into the music business. Some people may not necessarily be No. 1 pop stars on Radio 1 or at the forefront of everyone’s mind when we think about rock and roll or music streaming, but there is a huge weight of people who are fans—individuals or groups who are more at the edges. I have heard statements such as the following from the BPI:

“This Bill would bind British music in red tape, reduce income for the most entrepreneurial artists, stifle investment and innovation by record labels, and disproportionately harm the independent sector.”

That is why I am saying these things.

It is not just about streaming in the broad sense or the famous artists we have all heard of, including our fantastic colleague the hon. Member for Perth and North Perthshire. It is about the long tail of artists and the people who want to be able to access art—music is art. It is about a wide range of speakers, artists and voices. It is also about diversity and making sure that up-and-coming new artists can be heard in the next five or 10 years and that we have the right infrastructure in place in the UK to enable that and support them. My concern about the Bill is that, noble as its goals are, it risks having an inadvertent impact that may not deliver on that aim. That is why I tell these stories; I assure hon. Members that it is not about trying to speak for the sake of speaking.