Employment Rights Bill

Alec Shelbrooke Excerpts

2nd reading
Monday 21st October 2024 Commons Chamber

[Angela Rayner]

I have already given way to the right hon. Member, and there are so many other Members who want to speak.

This Government know that the current system does not support working families. We said that we would make flexible working the default, and the Bill will do just that. Flexible working makes workers happier, and we know that businesses that offer it benefit from bigger, better and more diverse recruitment pools. At the same time, we recognise that not all workplaces can accommodate all flexible working requests, so businesses will be able to negotiate or reject unworkable requests as long as that rejection is reasonable.

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

Who would decide whether a rejection is reasonable or unreasonable?

[Angela Rayner]

There will be statutory guidance, but of course, it would depend on the various different circumstances. We saw during the covid pandemic that people were able to be incredibly flexible in their work. It is with that mindset that I ask employees and employers to look at how they deliver services, because far too much talent goes out of our economy because of inflexibility. Employers should think about how much talent they can retain in their business by keeping people in work; many of the good employers already know that, and offer way more flexibility than we are suggesting in our Bill.

The current parental leave system is also outdated, which is not right. Under the Bill, fathers and partners will be able to give notice of their intention to take paternity leave and unpaid parental leave from their first day in a new job. New mums also lack the protection they deserve. We know that the Conservative party’s solution is to go back to the dark ages and scrap maternity pay altogether; if the Conservatives had their way, as a single mum, I would have been left with nothing. It was a Labour Government who introduced the maternity allowance as the number of mothers in the workforce grew, and while the Conservative party—out of step with modern Britain—cannot wait to get rid of it, I say that we will never, ever stop defending it.

--- Later in debate ---

[Sir Alec Shelbrooke (Wetherby and Easingwold) (Con)]

I will speak to the amendment, especially about the Bill being rushed through without full consultation.

On 13 May 2014, I tabled a ten-minute rule Bill on the Prohibition of Unpaid Internships, as Members will see in volume 580 of Hansard, column 593. On 14 November 2016, I tabled a private Member’s Bill, the National Minimum Wage (Workplace Internships)—volume 616 of Hansard, column 1156. On 27 October 2017, Lord Holmes of Richmond tabled the Unpaid Work Experience (Prohibition). And on 5 February 2020, I co-sponsored the Unpaid Work Experience (Prohibition) Bill introduced by Alex Cunningham, the former Member for Stockton North, now retired.

Despite unpaid internships being mentioned in the Government’s policy documents on work, they are not in the Bill. The Government have said that they will tighten up the ban, but there is no ban on unpaid internships—they exist, as they did in the last Parliament, not least with many a Member on the opposite side of the House. If there were such a ban, it would not have to be mentioned in policy documents.

A ban should have been brought in alongside the Bill. There will be a lot of hubris on the Government Benches about bringing forward a landmark employment Bill, with Labour Members saying the Conservatives did nothing, despite all the evidence laid out by my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) in his excellent opening speech. [Interruption.] It is all very well burying one’s head in the sand, but every one of the Bills I brought forward got kicked into the long grass, not least my private Member’s Bill, when the only Labour Member present was the shadow Minister. If Labour MPs had turned up, we might have been able to get a closure motion, but they decided not to. That has been the story throughout. If the Deputy Prime Minister does want the Bill to go through, she needs to fight off whatever it was that stopped it each time; I always started out with the commitment that it would happen, and then somehow people were convinced not to do it. I say that in a constructive way to the Deputy Prime Minister, who I know very well.

An intern should be defined as a worker. We were talking about an amendment to the National Minimum Wage Act 1998 that says that work experience is important, but after 20 days or four weeks in work, an intern should be treated as an employee. Work should always pay, and if someone is contributing after that period of time, they are adding something to the business.

[Bradley Thomas (Bromsgrove) (Con)]

Does my right hon. Friend agree that the fundamental approach behind the Bill should be one of pragmatism rather than tribal ideology?

[Sir Alec Shelbrooke]

I am grateful to my hon. Friend; pragmatism is important when we talk about business. In that spirit, there is a pragmatic reason why the Bill should not be given its Second Reading today—perhaps at some point it should, but I fear it has been rushed through to meet the spin about the first 100 days.

I would wager that few Labour Members today had plans to talk about unpaid internships, which is a very important issue. I could talk for a very long time about unpaid internships, as I have for hours in this Chamber previously. To ensure equal opportunities for young people, the issue of internships is vital, but it is one that is sadly lacking from the Bill. That speaks to the amendment tabled by my hon. Friend the Member for Thirsk and Malton: the Bill has to some extent been rushed.