Employment and Trade Union Rights (Dismissal and Re-engagement) Bill

Debate between Ben Everitt and Barry Gardiner

2nd reading
Friday 22nd October 2021 Commons Chamber

[Barry Gardiner]

I am grateful to the hon. Gentleman for that. It is important that we clarify that on both sides of the House. There are other ways of addressing—

[Ben Everitt (Milton Keynes North) (Con)]

Will the hon. Gentleman give way?

[Barry Gardiner]

If the hon. Gentleman will forgive me, I am conscious that there is a statement in half an hour and at the rate my speech is going—

[Ben Everitt]

Will the hon. Gentleman give way?

[Barry Gardiner]

Very quickly, then.

[Ben Everitt]

The hon. Gentleman is too kind. I wonder whether he would agree with me on something, in the spirit of the agreement with which we are reaching out across the Chamber now. He mentions competition between employers to do the right thing. Does he agree that the best way to make employers compete to keep staff and to treat them well is by growing the jobs market and the economy? Does he not also agree that the economy is now growing at the fastest rate in the G7 and employment is up to pre-pandemic levels?

[Barry Gardiner]

Across the House, I think we can all agree that we want to grow our economy—there is no question about that. We want to grow jobs and the economy, but let us make sure that when we do grow those jobs, they are good, secure and well-paid jobs.

There are other ways of addressing this problem, one of which has been pioneered by a group of metro Mayors: using the procurement power of local authorities by scoring companies that seek contracts from local government on social as well as economic grounds. Councils are able to press local employers to engage with their good employment charters and to eschew bad practice. My good friends—some are former colleagues—my hon. Friend the Member for Barnsley Central (Dan Jarvis), Tracy Brabin, Andy Burnham, Dan Norris and Jamie Driscoll, have been particularly effective in using this form of community engagement and procurement power, and many other local authorities have followed suit. Mark Drakeford, in Wales, has shown just how effective this can be through his economic action plan, “Prosperity for All”, which has enabled the Welsh Government to develop a new and strengthened relationship with business and to drive inclusive growth and responsible business behaviours. I was delighted to talk to him recently about the success of that sort of engagement, but he was equally keen to say to me that it could never be a substitute for clear and effective legislation.

So turning to the proposed legislation, it is important to be clear about what my Bill does not do. I repeat that my Bill does not ban fire and rehire. It may surprise colleagues to know that there was a common view among the employers’ organisations I spoke with—the CBI, the Institute of Directors and the chambers of commerce—which was held equally right across the trade union movement, that banning fire and rehire outright could have perverse consequences and should not be attempted. It is essential that where a company is facing a collapse the law does not prevent what may be the only way of preserving those jobs and continuing the enterprise. Anything else would be a perverse outcome. I used to run my own business in the City. I entirely accept that businesses need to change and to adapt. In a competitive business environment, they have to restructure from time to time. My Bill will not stop that restructuring, it will not stop managers being able to manage the business and it will not burden business with new and additional bureaucracy.