Zero-hours Contracts

Brian H. Donohoe Excerpts

Wednesday 16th October 2013 Commons Chamber

[Mr Brian H. Donohoe (Central Ayrshire) (Lab)]

It is exactly that practice that happens in railway maintenance, only because certification is needed. Surely in such circumstances it should not be legal for people to be forced into a situation in which they do not get any work for weeks on end.

[Vince Cable]

I am sure the hon. Gentleman has given a totally genuine example. I am not a lawyer, but there is at present a common law defence against exclusivity. I can see the practical problems of bringing a legal case against big companies, but none the less some legal protection exists. I accept that in many cases exclusivity may be highly undesirable, and in our consultation we will try to establish what concrete action, if any, we can take about it.

--- Later in debate ---

[Vince Cable]

The hon. Gentleman is right to view the matter in that broader context. Several Members, including the hon. Member for Streatham, have already given the example of domiciliary visits in the care sector. I have encountered cases in my constituency involving people whose working conditions are very poor, who are on zero-hours contracts, whose pay is very low, and for whom there is no chance of progression. When we dig into such cases, as I did on one occasion, we may discover that the companies concerned are not profit-making companies but charities, and that the real cause of the problem is the very poor price at which they took the contract. The origin of the problem therefore lies in local government. The zero-hours contracts and, indeed, the minimum wage issues are symptoms rather than causes.

Let me list some of the matters that we will be considering in the consultation, and explain how we will approach them. It is important for us not to close down options. First, there is the issue of exclusivity. We could do nothing, and rely on existing law; we could ban it; or we could provide effective information and guidance requiring employers to justify it. A number of legal interventions are possible.

Secondly, we must consider the cases of people who are employed on zero-hours contracts for very long periods when they do not choose to be. Should we introduce a system requiring employers to offer permanent employment at some stage?

Thirdly—and probably most important—there is the issue of transparency. We can argue in favour of fairness, and we can also argue that, for the economic purposes of a flexible labour market, if rational people know what they are doing, that is a considerable improvement. The problem that we have discovered, and to which many Members have already referred, is that when people accept a job offer they are often not clear about the obligations and limitations that are involved. Should we introduce a code of conduct requiring proper transparency and information? Should it be voluntary, should it be a Leveson-style code with statutory underpinning, or should it be controlled by a stronger sanction-based body? We have a range of options, and we will view them with an open mind and act accordingly.

[Mr Donohoe]

Given that many employees have recently been denied access to tribunals, what the Secretary of State has said is surely illogical.