Statutory Sick Pay and Protection for Workers

Chi Onwurah Excerpts

Wednesday 18th March 2020 Commons Chamber

[Margaret Greenwood]

The hon. Lady makes a really excellent point, and I thank her for it. Many workers on low pay are unlikely to have savings to fall back on either. In a recent YouGov survey, 48% of workers said that they would not be able to cover their rent or mortgage and other living expenses if they had to take two weeks off work at the current statutory sick pay rates. The European Committee of Social Rights found in January 2018 that statutory sick pay and social protections for the unemployed, sick and self-employed people in the UK were “manifestly inadequate”.

A worker in the UK on the national minimum wage who has to self-isolate will receive less than a third of what they would in Germany and less than half of what they would in Sweden or the Netherlands. The level of statutory sick pay is also set lower than the national living wage, which the Government said in the Budget that they want to increase. Will the Government therefore raise statutory sick pay to at least the level of the real living wage so that people are not pushed into poverty by doing the right thing?

The Government’s approach has been to say that people on low income who are not eligible for statutory sick pay can claim universal credit or new-style ESA. That is not the answer. Universal credit acts as a vehicle for cuts and the level of support is simply too low.

The four-year benefits freeze will only come to an end in April, and, as a result, families living in poverty have been left £560 a year worse off on average, so will the Government raise the level of social security payments in order to build resilience in people facing the virus? The five-week wait for the payment of universal credit means that there will remain a risk that people will go on working when unwell. The Government say that people can request an advance, but advances are loans that have to be paid back, often on top of other debts built up during that period, so will the Government commit to ending the five-week wait, and will they change their loan into a non-repayable advance?

The truth is that people often have to rely on food banks to survive as well as on advances during the first five weeks, and often after that, as deductions are made from the universal credit when it finally does arrive. However, there are reports that panic buying by the public is leading to food banks running short. People using food banks cannot afford to stock up and so are disadvantaged still further.

The Government should be taking measures to protect people in poverty in the current situation. Will the Government immediately suspend deductions from social security for anyone who becomes ill or is forced to self-isolate, and consider suspending them for all other claimants? Will the Government suspend work search requirements for anyone directly affected by the virus, and will the Government suspend all sanctions?

In the Budget, the Chancellor also suggested that some people who become ill but do not qualify for statutory sick pay could claim new-style ESA. That is £73.10 a week, even lower than statutory sick pay. Someone who is ill as a result of the coronavirus or for any other reason should not also be pushed into poverty and left worrying about how they will cope financially, so will the Government raise the level of new-style ESA payments? Even to get that, someone has to have built a contribution record over the past two years, which people in insecure work in particular may find difficult to do.

The Government announced that they were temporarily suspending face-to-face assessments for sickness and disability benefits. That is welcome as far as it goes, and Opposition Members have been highlighting the major problems with how assessments are carried out for a long time, but the Government have said that this approach would be replaced by telephone or paper-based assessments. That could risk increasing pressure on GPs at a time when they are already overrun, so can the Government tell us clearly how assessments will be carried out during the outbreak?

Media reporting of the virus highlighted that the most at risk had underlying health conditions, so what is the Government’s response to Mind’s call for all reassessments to be suspended to give people security of income at this time? What action will the Secretary of State take to protect people who care for a loved one who was already ill or disabled before the crisis began? Neither person may be directly affected by the virus, but attending a jobcentre could leave the carer at greater risk of contracting the virus.

The truth is that social security changes aimed solely at people who are self-isolating or ill will not be enough. Other people will be affected by the crisis. The Government have said that they will suspend the minimum income floor in universal credit for self-employed people directly affected. Will they also suspend the minimum income floor for all workers, given that many will be affected as a result of the crisis and the impact on the economy?

The demands on the DWP will be considerable, and its own staff may be forced to self-isolate or take time off because of illness as a result of the outbreak. What will the Government do to ensure that the service can continue? We are calling on them to do all that they can to introduce a form of robust, generous and comprehensive income protection for those whose hours may be cut or who may be asked to take unpaid leave because of the impact of the crisis. In some cases that will be because of a fall in the number of customers, but if schools have to close at some point, there will also be parents who are not ill and do not have to self-isolate, but who are unable to go on working, at least full-time. The Danish Government have just announced a scheme that would involve their paying 75% of people’s wages in those circumstances, and businesses paying the remaining 25%. A similar scheme successfully limited redundancies in Germany during the financial crisis.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

My hon. Friend is making some excellent comments. I understand that a major international fast food chain has told its employees that if a branch has to close because of infection, business being quiet or Government action, the employees will receive only statutory sick pay, and those on zero-hours contracts will get nothing. Does my hon. Friend agree that that will make it harder for employees to do the right thing, and that it constitutes exploitative behaviour on the part of the employers which must be condemned and stopped?

--- Later in debate ---

[Justin Tomlinson]

I absolutely understand the point that the hon. Member makes. These are extraordinary times, and collectively we are all trying to identify the right levels of support as quickly as possible. In pure cash terms, the fiscal support that we have already provided at this stage of the curve is almost the highest around the world, but this is not complete. As events progress, we have to do more and we can expect more announcements. I understand that in an ideal world we could announce everything straight away, but we have to make sure that it is right, we have to react as things come forward, and we have to communicate as quickly and clearly as possible. We do understand that.

[Chi Onwurah]

Will the Minister give way?

[Justin Tomlinson]

Let me make a little progress, because I think I am about to cover some of the things being asked about. I promise that I will take more interventions.

Extraordinary times call for extraordinary measures, which is why we have extended statutory sick pay to those who are self-isolating in line with the latest Government health guidance. The guidance is available online on gov.uk and ensures that eligible individuals, whether they are sick or self-isolating, will be entitled to statutory sick pay if they are unable to work because they are following Government advice.

The upcoming emergency Bill will mean that for people affected by coronavirus, statutory sick pay will be payable from day one, instead of day four, and currently it will be backdated to 13 March. We removed those waiting days to get support to people as quickly as possible. These are crucial measures to ensure that employees do not attend work when they should stay at home to help to keep themselves and others safe. The circumstances are exceptional and we urge employers to do the right thing, use their discretion and respect the medical need to self-isolate.

Statutory sick pay is a legal minimum, and employers can offer more. Where possible, employers should support their employees to work from home to help to slow the spread of the virus. If employers do feel the need to require evidence, people who are advised to self-isolate for coronavirus will soon be able to obtain an alternative to the fit note by contacting NHS 111 rather than visiting a doctor. We are all aware of the need to protect GP surgeries so that they can concentrate on key areas of work.

Accordingly, the Government will ensure that businesses are supported to deal with the temporary economic impact of the outbreak of coronavirus. Small and medium-sized enterprises are at the heart of our economy, symbolising the hard work and enterprising spirit of our nation. To support such employers with the increased costs of sick pay, the emergency Bill will provide that employers with fewer than 250 employees can reclaim up to two weeks’ statutory sick pay for sickness absences related to coronavirus. That includes those who are required to self-isolate in line with Government guidance. The measure could provide more than £2 billion of support for up to 2 million businesses, and will be crucial to ensure that our economy keeps running.

The measure on statutory sick pay is in addition to others to support businesses that were outlined by the Chancellor yesterday: £330 billion of Government-backed and guaranteed loans; additional cash grants of up to £25,000 for businesses in the retail, hospitality and leisure sectors with a rateable value of less than £51,000; and cash grants of £10,000 to 700,000 of our smaller businesses. The Government will do whatever it takes to support our economy.

Of course, not everyone is eligible for statutory sick pay, which is paid by employers. Gig workers and those on zero-hours contracts may be entitled to sick pay, and should check with their employer, but millions of hard-working people who are self-employed or in the gig economy will need our help, too. That is why we are making it easier to access benefits during this period.

The shadow Secretary of State talked about disability benefits and the announcement that we made earlier this week. The first decision was to remove face-to-face assessments, because we recognise that a significant proportion of those who could be claiming disability benefits are vulnerable. We want to avoid them needing to travel unnecessarily and to sit in busy waiting rooms, so we decided to stop face-to-face assessments. However, we do not want to stop new people gaining access to the support that they are entitled to, so we are seeking to continue to do paper-based and telephone reviews, but prioritising those who are new claimants, and looking at the workforce on a daily basis.

[Justin Tomlinson]

I absolutely understand that point, and the right hon. Member and I discussed it when we first made the announcement. The absolute priority has to be new claimants who are seeking to get support through the disability benefit system, so we are looking on a daily basis at what we can do. I do not envisage that we will be able to do much beyond that, but I want to make sure that new claimants can get support. That was why, at the beginning of my speech, I paid tribute to the fantastic work of those who are working on the frontline, who—like all people—are anxious about events, but are still, when they can, coming in to make sure that the vulnerable people in society can access the support that they are entitled to.

[Chi Onwurah]

I thank the Secretary of State for giving way. He talks about statutory sick pay as part of the safety net. As such, he recognises that, as a safety net, it is a benefit of last resort, and he talks about the way in which companies can offer more. Does he therefore recognise that in this unprecedented situation, when so many people are likely to find themselves—either by choosing to self-isolate or being obliged to—in the position of claiming statutory sick pay, the level is not appropriate to drive the right behaviours or support people? It is no longer a question of last resort, but of supporting significant proportions of our population, so sick pay needs to be at a higher level.

[Justin Tomlinson]

I am not the Secretary of State—it is very kind of the hon. Member to elevate me to such a lofty position, but that does not apply. The broader point is that the Chancellor has made it very clear that we will continue, on a daily basis, to look at what additional support there can be. The Government will do what we need to do to protect the vulnerable in society and keep our economy going. Many Members will raise very important points in the debate but, as a broad principle, the safety net is wider welfare support, looking at an individual’s personal circumstances, and tailoring the level of support to them so that we can target help to the most vulnerable in society.

Those not eligible for sick pay, including the self-employed, are able to make a claim for universal credit or contributory employment and support allowance. Last week, we laid regulations to ensure that the contributory ESA is now payable from day one, removing the seven-day waiting period for people who are self-isolating on Government guidance or who are ill with coronavirus. Claims can also be made over the phone without the need for people to contact their doctor for a fit note. Those in self-isolation or sick with coronavirus who make a claim for universal credit can receive up to a month’s advance up front without physically attending a jobcentre. Everything can be done by phone or online, and that is a welcome position.