Shared Parental Leave and Pay (Bereavement) Bill

Debate between Chris Elmore and Darren Henry

Committee stage
Wednesday 20th March 2024 Public Bill Committees

[Chris Elmore (Ogmore) (Lab)]

May I say what a pleasure it is to serve under your chairmanship, Mr Paisley? That is especially true as Members from Northern Ireland spoke on Second Reading to express their hope that if the Bill became law at some point, it could also be adopted in Northern Ireland. I genuinely hope that can be the case.

Upon learning of my success in the ballot, my ambition was to champion a legislative measure that could bring about lasting change and meaningful improvements in the lives of individuals and families to make their lives a little easier. I extend my gratitude to organisations such as Gingerbread, the Fawcett Society and the Childhood Bereavement Network for their invaluable support and guidance through this process.

I also place on record my thanks to and support for the hon. Member for Broxtowe, who was instrumental in leading the work on this vital issue when he introduced his ten-minute rule Bill. The hon. Gentleman has campaigned tirelessly on behalf of his constituent, Aaron, who, I am pleased to say—although I know we are not meant make reference to this—is in the Public Gallery this morning. When Aaron tragically lost his wife Bernadette shortly after the birth of their son, Tim, he did not have access to a statutory leave right because he had moved employer in the months before Tim’s birth. The current rules put Aaron, and other parents in this tragic position, without access to leave to care for their child, safe in the knowledge that they have a job to come back to when they are ready and able to do so.

I also put on record my thanks to Simon Thorpe, who had to endure the heartache of losing his partner not long after the birth of their child. Simon has made it clear that as an employer now, he would not have been able to offer any more than five days’ compassionate leave if a member of his team found themselves in the same circumstances. Surviving partners and spouses should not be left at the mercy of whether they have an understanding employer. I hope the Bill will remedy that.

The Bill will put on the statute book a right to leave on the first day of the bereaved partner’s employment, providing them with the support and protection they need. It will introduce this entitlement and provide support and security to employed parents in the tragic circumstance of losing their partner around the same time as becoming a new parent, if they do not meet the continuity of service requirement to qualify for a statutory parental leave entitlement—in other words, if they have not been in their job for the required length of time to qualify.

The loss of a partner in a life-altering ordeal and navigating that profound grief alongside the demands of caring for a new child must undoubtedly pose an immense challenge. My heartfelt condolences go to those who find themselves in this terrible position. As the father of a three-year-old, I genuinely cannot think of anything worse than losing my wife and the mother of my son while having to raise him alone, as well as managing with the idea of whether I can keep my job.

Thankfully, only a small number of individuals find themselves in this situation, with around 180 maternal deaths within 12 months of childbirth a year. However, the most recent data published by MBRRACE, which monitors maternal deaths, stillbirths and infant deaths, highlights how maternal death during pregnancy is currently at a 20-year high. While the numbers are still mercifully low, it is important that parents in this position need not rely on the good will of their employer to take time away from work to care for their child and, indeed, to grieve.

As Members will have seen, the amendments make extensive changes to the Bill as introduced. Rather than going through which clauses will stand part of the Bill, I will therefore focus on amendments and, in doing so, detail what the Bill as revised will contain, and which parts of it will stand part of the revised Bill.

Let me begin by setting out the detail in new clause 1 which, as the Committee will have seen, makes substantive changes to chapter 3 of the Employment Rights Act 1996, which deals with paternity leave. The new clause has several purposes, all of which are integral to the Bill.

First, the new clause establishes that paternity leave will be used as the vehicle to deliver the entitlement. Having discussed that matter with the Government, I have concluded that paternity leave is a more appropriate vehicle to deliver the entitlement, a key reason being that the central feature of a shared parental leave scheme is that the mother or adoptive parent is already entitled to maternity or adoption leave or pay, and curtails that entitlement in order to create an entitlement to shared parental leave. For a bereaved partner to qualify for shared parental leave, then, the deceased parent must have had a recent history of employment. If the deceased parent did not have such a history—for example, in the case of a stay-at-home mum—there would be no shared parental leave entitlement for the surviving parent to access. By contrast, paternity leave entitlements are independent of whatever entitlement the other parent has, so the choice of this mechanism brings more parents, such as surviving partners of deceased stay-at-home mums, into the scope of the entitlement.

Secondly, the entitlement establishes that the surviving partner of a parent who has opted to take adoption leave is in the scope of the entitlement. That allows the surviving parents of adopted children and of children born through surrogacy arrangements to be included, meaning that we can offer the entitlement to a wider range of parents, who will also benefit from it at a very challenging time for them.

Thirdly, the removal of the requirement that the regulations stipulate a continuity-of-service requirement will enable surviving parents to take leave from their first day in a new job, in the tragic situation in which their partner has died and they need to care for their child. That is essential to deliver the intention behind the Bill and ensure that continuity of service is no bar to taking this kind of leave when it is needed.

Fourthly, the new clause removes the requirement that regulations must provide that a parent who has taken shared parental leave cannot then take paternity leave. This gives the Secretary of State the power to provide that a parent who took shared parental leave before the death of their partner can still take paternity leave.

Fifthly, the new clause allows provision to be made for situations in which the child also dies. It gives the regulation the flexibility in such cases to allow the employee to stay on paternity leave for a period, despite the fact that they would not be taking the leave for the required purpose of supporting the mother or caring for the child.

Finally, the new clause introduces two new powers, the first of which provides the ability to introduce, through regulations, enhanced redundancy protection to bereaved employees when they return from extended paternity leave. The second power enables regulations to be made to allow bereaved parents to have keep-in-touch days during their extended paternity leave. For the Committee’s understanding, KIT days enable employees to work for their employer for a limited number of days without their right to paternal leave and pay being affected.

As I have set out, new clause 1 forms the heart of the Bill, as it contains its most important provisions. On that basis, I propose that the Committee accepts it and adds it to the Bill. I also propose that amendment 4, which is consequential on new clause 1, is accepted.

Amendment 1 removes clause 1, as the changes made by new clause 1 will effectively replace its context. I tabled amendment 1 to indicate my intention to vote against clause 1. Amendment 1 has not been selected by the Chair, but we can achieve the same effect by voting against clause 1.

Amendment 5 amends the long title, because it needs changing to more accurately represent the amended scope of the Bill’s content as a result of the changes made by new clause 1. I propose that the Committee accepts the amendment.

I have tabled amendment 2 to indicate my intention to vote against clause 2. I am enjoying looking across at Members who seem confused by what I am saying about voting against and for different amendments. I speak as a long-serving Whip, so if I find it confusing, there is not much hope for other Members, but I do think I am following it, thanks to the Clerk’s advice. Amendment 2 has not been selected by the Chair, but we can achieve the same effect by voting against clause 2.

Currently, clause 2(1) contains a broad Henry VIII power that enables the amendment of any Act of Parliament previously passed. I am sure the Committee will agree that the removal of such a broad Henry VIII power is a good thing. Clause 2 also includes other unnecessary provisions, such as a power to make transitional and saving provisions, and a stipulation that the affirmative procedure will apply to the regulations. To clarify to the Committee, that stipulation is unnecessary because the powers of the Employment Rights Act 1996 that are being amended by the Bill are already subject to the affirmative procedure.

Clause 3 sets out the extent of the Bill, which is England, Wales and Scotland. It also gives the Secretary of State the power to commence the Bill in regulations. Those two provisions have not been amended. Amendment 3 adds a standard legal provision to clause 3, setting out that the commencement regulations must be made by statutory instrument. I propose that amendment 3 is accepted, and that clause 3, as amended, stand part of the Bill. I will wait for Members’ remarks and close as the process allows.

[Darren Henry (Broxtowe) (Con)]

It is a pleasure to serve under your chairmanship, Mr Paisley. I thank the hon. Member for Ogmore and will keep my remarks brief as I know we do not have much time.

Statutory Parental Bereavement Leave and Pay

Debate between Chris Elmore and Darren Henry

Wednesday 6th December 2023 Westminster Hall

[Darren Henry (Broxtowe) (Con)]

I beg to move,

That this House has considered fatalities in childbirth and statutory leave and pay.

It is a pleasure to serve under your chairmanship, Mr Sharma. I start by thanking those who are here to speak. This is an incredibly important topic, so I am grateful to all those who have given up their time to be here. I extend my thanks to my hon. Friend the Member for Stafford (Theo Clarke), who has launched the all-party parliamentary group for birth trauma and who does vital work in this area. My hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who sadly could not be here, does incredibly important work as part of the APPG on baby loss. I am glad to see the hon. Member for Strangford (Jim Shannon), who has spoken passionately on the topic since he was first elected.

I will focus my remarks on losing a partner during childbirth. The reason I called the debate is down to Aaron. Aaron was a constituent who came to see me at a constituency surgery in Stapleford with his three-week-old baby Tim in his arms. Tim’s mother Bernadette tragically passed away in childbirth. As I have stated previously, Bernadette would no doubt have been the most loving and dedicated mother, who also had ambitious plans for continuing a long career in the NHS. She is missed tremendously by her loved ones.

Aaron brought to my attention the fact that there are circumstances in the event of the death of a child’s parent during childbirth in which the surviving partner is not entitled to parental leave. Aaron found himself in the agonising position of losing a loved one and having to raise a new-born child alone. That situation was made worse when he realised he did not qualify for shared parental leave and pay. Aaron was fortunate in that he worked for an incredibly understanding employer, who allowed Aaron the leave and pay he required to look after Tim. Others may not be so lucky.

It must be entrenched in law that people can have time with their newborn and time to grieve without the fear of unemployment. I previously presented a ten-minute rule Bill on this topic called Shared Parental Leave and Pay (Bereavement) Bill to try to make a vital change to the law. Unfortunately, I was unlucky in the private Member’s Bill ballot, but I am delighted that, after he was successful in the ballot, my hon. Friend the Member for Ogmore (Chris Elmore) has presented a private Member’s Bill that would create that change. I am incredibly grateful to him for doing so, and I look forward to following and supporting the Bill as it progresses.

This truly is a non-partisan issue, and I have been incredibly grateful since starting my campaign on this topic to have had support from hon. Members across all major political parties. It is incredibly important to state that although this is not an issue that affects thousands of people across the country, for those it does affect the consequences are huge. Changing the law to ensure that leave and pay are available to those who find themselves in situations such as Aaron’s will ensure that no other parent is faced in the devastating position of having to raise a child while grieving and doing so in the shadow of avoidable job insecurity.

In cases such as these, the people whom shared parental leave was created to help are often the ones who are missing out. When faced with this life-altering set of circumstances, Aaron was confronted with having to cope with the challenges of being a new parent and the prospect of job insecurity, all in the midst of extraordinary grief. That is more than most of us could handle.

Parental leave in the UK is something we should be proud of. Since the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, entitlement and access to maternity leave and pay have existed. On a similar note, entitlement to paternity or shared parental leave, though more limited, is fairly straightforward to access. However, a small change can close the existing gap. Shared parental leave was established in 2015. When it was introduced, the Government stated that it had been created in order

“to move away from the current old-fashioned and inflexible arrangements and create a new more equal system, which allows both parents to keep a strong link to their workplace.”

Shared parental leave was introduced to allow parents access to their workplace and their family. Now that is precisely what is being prevented in cases such as Aaron’s. In such cases, it seems that the people shared parental leave was created to help are the ones missing out. When faced with this life-altering set of circumstances, Aaron was confronted with having to cope with the challenges of being a new parent and the prospect of new job insecurity, all while in the midst of extraordinary grief. That is more than many of us could handle.

Changing the law around shared parental leave in cases of bereavement is not contentious. It simply seeks to allow individuals the right, due to circumstances beyond their control, to take leave and be with their child.

[Chris Elmore (Ogmore) (Lab)]

Thank you, Mr Sharma, for allowing me to speak; I apologise for being late. The hon. Gentleman has said several times that this is cross-party. It is not a political issue; it is basically one of conscience. Allowing such a change does not impact thousands of people. I hope that in the course of the passage of my private Member’s Bill we can work constructively.

If he will allow me, I would say to the Minister that he and I have worked together on many issues during my time in this House. I genuinely hope we can come to a position where the Bill can be passed and bring about this change, not just for Aaron and his family but for those who will sadly follow him in those circumstances. I hope we can do that in the cross-party process, and that the Minister would agree.

[Darren Henry]

I thank the hon. Gentleman for his intervention, with which I certainly agree. As I mentioned, he has campaigned a long time for something similar to be done. I am glad he is taking this issue on board, which is truly cross-party. All major political parties signed my Shared Parental Leave and Pay (Bereavement) Bill. I thank him for his intervention and agree with him on that point.

The businesses that employ individuals in such circumstances are being negatively impacted. That is a topic I have heard raised as a concern. I believe some may have trepidation that such a change in law could cripple small businesses, which cannot afford that type of leave. To that point, I would say that an incredibly small number of people and businesses would be affected. It is not an issue that affects thousands.

Furthermore, if such leave is not allowed, those businesses could be faced with losing their valued employee—a situation that I am sure many would seek to avoid. I hope the effect that a change would have on businesses would be small in comparison with the benefit gained by the individual receiving leave and pay.

To be eligible for shared parental leave and statutory shared parental pay currently in the UK, both parents must share responsibility for the child at birth and meet work and pay criteria. Those are different depending on which parent wants to use the shared parental leave and pay. For the mother’s partner to take shared parental leave and pay, the mother must have been working for at least 26 weeks of the 66 weeks before the week the baby is due—the 26 weeks do not have to be in a row—and in addition, to have earned at least £390 in total across any 13 of the 66 weeks. The mother’s partner must have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date, and stay with the same employer until they start their shared parental leave.

Practically speaking, a surviving partner could be entitled to take shared parental leave, but they would need to meet the criteria I have just mentioned. Aaron did not. That means that under the current requirements many will not qualify for shared parental leave and pay. I am determined that we introduce a day-one right for a parent to access both leave and pay in the circumstance of losing their partner in childbirth.

As a father, I know that being a parent to a newborn is a huge undertaking at the best of times. I cannot imagine being in that position while facing the fact that your partner has died in childbirth. I desperately want to ensure that people like Aaron are never in the position of being without support. I truly hope that no one has to find themselves in the same position as Aaron, who was unable to share the beginning of Tim’s life with his loving wife. However, a change in the law would mean that those who do would not be without the law behind them.

I thank those who have come here to speak on the issue. I look forward to hearing everyone’s contributions.

Oral Answers to Questions

Debate between Chris Elmore and Darren Henry

Thursday 27th February 2020 Commons Chamber

[Chris Elmore (Ogmore) (Lab)]

4. What plans the Government have to improve veterans’ employment prospects.

[Darren Henry (Broxtowe) (Con)]

21. What steps the Office for Veterans’ Affairs is taking to support veterans to gain employment in the public sector.

[The Minister for Defence People and Veterans (Johnny Mercer)]

Veterans offer a vast range of skills and talent to employers, and we want to see more of them working throughout the economy. We are making it easier for them to join the civil service, introducing a national insurance break for their employers, and investing £5 million in Jobcentre Plus armed forces champions.