Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the Code will prohibit employers giving notices of dismissal while a consultation period is ongoing.
Answered by Paul Scully
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the 25 per cent uplift in compensation apply in all cases where employees were dismissed or only if they were subsequently re-engaged.
Answered by Paul Scully
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022 HCWS735 on Business Update, whether the 25 per cent uplift in compensation awards for employees affected applies to (a) unfair dismissal awards and (b) protective payments for collective consultation breaches.
Answered by Paul Scully
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, what criteria are proposed for when a Tribunal can award an uplift in compensation to an employee.
Answered by Paul Scully
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether he has had discussions with his counterparts in (a) Cyprus, (b) the Bahamas and (c) Holland on the dismissal of workers on P&O vessels flagged in those jurisdictions.
Answered by Paul Scully
My Rt. Hon. Friend the Secretary of State has written to the Insolvency Service asking them to urgently undertake a thorough review into the actions of P&O Ferries. As part of this review they will review the evidence around what notifications were given to the various authorities where P&O ferry have said their vessels are flagged.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Prime Minister's oral answer on 23 March 2022, Official Report, column 325, whether he is taking legal action against P&O Ferries under the (a) Trade Union and Labour Relations (Consolidation) Act 1992 and (b) Employment Rights Act 1996.
Answered by Paul Scully
My Rt. Hon. Friend the Secretary of State for Business, Energy and Industrial Strategy has formally commissioned the Insolvency Service to urgently undertake a thorough enquiry into the circumstances surrounding the recent redundancies made by P&O Ferries.
The Secretary of State has asked them to determine whether the law has been complied with and consider prompt and appropriate action where it has not, including any scope to take legal action against the company directors.
We will not hesitate to take further action if we find evidence of wrongdoing.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, how many prosecutions for failure to give notice of proposed redundancy under section 194 of the Trade Union and Labour Relations (Consolidation) Act 1992 have been authorised by a Minister or authorised officer in each year since 2010.
Answered by Paul Scully
In England and Wales, proceedings for the offence contrary to section 194(1) Trade Union and Labour Relations (Consolidation) Act 1992 may only be instituted by or with the consent of the Secretary of State or by an officer authorised by him for that purpose. There have been two such prosecutions since 2010.
Proceedings in Scotland are a matter for the Lord Advocate through the Crown Office and Procurator Fiscal Service.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether he has received any notification of proposed redundancies from P&O Ferries under the provisions of section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992.
Answered by Paul Scully
An employer proposing to dismiss 20 or more employees at one establishment is required under section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 to notify in writing the Secretary of State for Business, Energy and Industrial Strategy. In appropriate cases, failure to notify in accordance with section 193 of the Act is a criminal offence and can result in an unlimited fine.
No advance notification of redundancy was submitted by P&O Ferries to the Secretary of State for Business, Energy and Industrial Strategy. We have asked the Insolvency Service to look at the notification requirements in relation to the redundancies announced last week and to consider if any further action is appropriate.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what correspondence (a) ministers, (b) special advisers and (c) officials in his Department have received from Alexander Temerko since 1 March 2021.
Answered by Greg Hands - Minister of State (Department for Business and Trade)
Department Ministers have received one letter from Alexander Temerko since March 2021, sent on 22 March 2021 to the former Minister of State for Energy, my Rt. Hon. Friend, the Member for Berwick-upon-Tweed.
In line with departmental Propriety Guidance, the then Minister of State for Energy recused herself from the decision for the proposed Aquind interconnector from 8 January.
As a result of this action, she was removed from the process - this means that no discussions were had, nor correspondence entered into by the Minister in respect of the Aquind Interconnector project. This correspondence was not shown to the Minister as a consequence.
There was no correspondence from Alexander Temerko to special advisors or officials during this time.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will place copies of correspondence (a) to Ministers in his Department from Alexander Temerko of 8 February 2021 and 22 March 2021 in respect of the Aquind Interconnector project, (b) from Ministers in his Department replying to Alexander Temerko and (c) from Ministers forwarding the original letters to other Ministers and officials in the Library.
Answered by Greg Hands - Minister of State (Department for Business and Trade)
This correspondence has already been released in response to a previous Freedom of Information request [reference 11805], and I will place copies of that disclosure in the Libraries of the House, alongside a copy of the response from my Rt. Hon. Friend the Secretary of State, dated 19 April 2021.
In line with departmental Propriety Guidance, the then Energy Minister (my Hon. Friend, the Member for the Berwick-upon-Tweed) recused herself from the decision for the proposed Aquind interconnector from 8 January.
As a result of this action, she was removed from the process - this means that no discussions were had, nor correspondence entered into by the Minister in respect of the Aquind Interconnector project. This correspondence was not shown to the Minister as a consequence.