Employment Rights Bill (Second sitting)

Debate between Chris Law and Marie Tidball

Committee stage
Tuesday 26th November 2024 Public Bill Committees

[Chris Law]

Q Following on from Mr Moxham’s comments, I wonder whether there are parts of this UK-wide Bill that give you concern for employment rights in devolved nations where devolved Governments already have responsibility for employment relations? Is it not time that employment law was devolved, as is supported by the STUC, TUC and Scottish Labour, and as already exists in Northern Ireland? That is not least because it will help to protect us from future Conservative Governments that may wish to repeal all the good legislation that is coming forward.

Dave Moxham: There is a growing consensus in favour of the devolution of employment law to Scotland, but I think we all know that the Bill cannot achieve all of that, whether this Committee was in agreement with it or not. What is of interest to us is the interface between employment law at a UK level and the responsibilities of the Scottish Government, who obviously employ the vast majority of the public sector in Scotland. In a sense, that is what I am referring to here. Through procurement and other regulations, the Scottish Government are working with us to deliver collective bargaining arrangements in Scotland, which interface and have a potential complication—if not conflict—with what is in this Bill. We would like that to be looked at.

It is important to recognise that not all employment law is reserved to Westminster. In Scotland, there are the Agricultural Wages Board and the employment tribunals already, and a range of other things are devolved. Partly with respect to Wales, which I will not try to speak for, but definitely with respect to Scotland, which I will, there may be aspects of this Bill that might need to be looked at, particularly the relative responsibilities of the two Parliaments.

[Dr Tidball]

Q Why are the changes to statutory sick pay in the Bill so significant, and what opportunities do they bring for disabled workers and those who have long-term health conditions?

Paul Nowak: Why is it so important at the moment? We have 8 million people who are reliant on statutory sick pay, which does not kick in until day three of illness. That means that you literally have people, often disabled workers but not exclusively, dragging themselves into work despite the fact that they are ill, and they are often then spreading ill health. I will give you a practical example, Dr Tidball. I was at a mental health hospital in Blackpool last year where a group of women workers had needed to take strike action, while working in an NHS mental health hospital, because they did not have access to day one sick pay. They are people who were going into an NHS setting when they were clearly unwell, because they could not afford to take time off.

We also have an issue where we have over a million very low-paid workers, mainly women, who do not get any sick pay at all because they do not meet the lower earnings threshold. I think that the Bill will be transformative, and we will get to a situation where people are not afraid to take time off if they are ill because they are worried about whether they will be able to pay the rent, mortgage or bills. I think it is absolutely essential, and a really important part of those basic day one rights that every worker should be entitled to.

Maggi Ferncombe: I concur with everything Paul said. I would only add that we end up with different workers working in the same workplace under different terms and conditions. One group of workers who cannot afford to take a day sick, because they do not get paid, potentially bring in an illness and infect other people. In the public sector, such as in health settings, they are infecting not only the workforce but the public. It will be significantly different for all of those people.

Hannah Reed: As we saw from the pandemic, it is really horrendous when people feel pressured to go into work and put themselves and their colleagues at risk. Therefore, day one rights to SSP are obviously really critical. Moving forward, we would like to see an uplift in SSP because we still have one of the lowest rates in Europe, but the Bill represents a significant step forward, as does the recognition that there will be more collective bargaining. We as trade unions will negotiate for day one rights, often at full pay and not simply at the level of statutory rights.

We are also looking forward, not just with the Bill but moving forward with the wider “Make Work Pay” measures, to working with the Government on the health and safety review. It is regrettable that there is nothing in the Bill on health and safety. We hope that the Government will continue to prioritise that, addressing not only issues about mental health in the workplace but the impact of long covid, which disadvantages some people. We recognise that not everything can be done with this Bill, but we look forward to that ongoing programme of work.

--- Later in debate ---

[Dr Tidball]

Q Jemima, you described the Bill as a “win for women”. Why do you feel the measures in the Bill are so transformative, and how will they benefit working families, women and disabled women?

Jemima Olchawski: We know that women are currently more likely to miss out on statutory sick pay because they do not earn enough to meet the threshold or have not been in their roles as long; you heard evidence earlier about the impact on people who have to try to work when they are not well enough, and the impact on incomes through people not being able to work. Women are more likely to be juggling work and care, so they are more likely to need the flexibility and protections in this Bill. That is why getting the piece around flexibility is so important, whether it is because you are caring for children, for disabled children or for elderly relatives. We also know that one in 10 women we surveyed in our research who had been experiencing the menopause had left their workplace as a result of their symptoms, and flexible work and support in the workplace is really important to enable them to continue to participate when they are at the peak of their careers and skill levels. They should be allowed to thrive and be in their prime.

We know that the majority of households in poverty have at least one adult in work, but at the moment we do not have a system that properly supports either lone parent families, which are predominantly women, or households where both parents want to work. We also know that 40% of women who are not working would work more hours, or would work paid hours, if they had access to flexible working, so these measures are also really important as a part of overall efforts to address poverty and prevent child poverty.

Joeli Brearley: Adding to what Jemima has said, particularly on flexible working, the current law is that you have a day one right to request flexible working, and that has obviously moved from having had six months in a job. A right to request is still a right to decline, and we strongly feel that it does not go far enough in changing the dial on flexible working.

I know that the RPC opinion on flexible working has said that there is no evidence that we need to change the law on this. There will never be enough official evidence because those who want flexible working tend either to ask for what they think that they can get—or, if they know that it will not be granted, they do not ask for it at all. TUC research found that a third of people who want flexible working do not ask for it, despite needing it, because they think it will be rejected, and a further third ask for what they think that they can get, rather than what they actually need to manage their personal and professional obligations.

To really change the dial on flexible working, you have got to switch this on its head, and an advertising duty would do that. It is a hugely ambitious change; it is not a slight tweak to the current legislation, which is a much easier thing to do. An advertising duty would ensure that employers design jobs as flexible from the outset. It would mean that, in a job advert, employers would have to stipulate the types of flexible working available, and the candidate they chose would have a legal right to take up employment on whatever arrangement was stipulated in that job advert. The pushback on this has been, “Well, not all jobs can be flexible.” That is of course true, so if you do not believe that a job can be done flexibly, you could stipulate that and set out the reasons why.

The duty would particularly impact the women we work with. They would not be in a situation where they are having to move job. At the moment, they need to go to a new job and then ask for the flexibility they need to fulfil their personal and professional obligations. If at that point they find out that that is not possible, they have to leave that job—and both employer and employee lose out. We are currently trying to shoehorn flexibility into a very rigid structure, and we need to really change the culture. We believe that an advertising duty is the way in which you do that.

If we are not going to be that ambitious, and an advertising duty is off the table, we really need to reduce the number of reasons that you can decline a flexible working request—we believe that it can be reduced to three. We need to make it a legal right to be able to request flexible working from the point at which a job is offered rather than the first day of employment. That makes complete sense for everybody. Finally, we need to have the ability to appeal decisions to a third body, perhaps the single enforcement body. We also want employers to have to publish their flexible working policies online so that employees can see them. It would be a game changer and would really shift the way in which our employment market works, and it certainly would be a game changer for women.

The other thing in the Bill that I would really like to talk about is parental leave—the fact that it is not remunerated and that you are moving it to the first day of employment. We know that the take-up will be very low. We did some research with the Centre for Progressive Policy that found that if you increase paternity leave to six weeks and pay it at 90% of salary, you reduce the gender pay gap by 4% and you increase labour force participation, particularly by women. We really need to keep up with our European counterparts and increase paternity leave. Two weeks at £182 a week is not good enough, and we know that one in four dads are not even taking their two weeks because they cannot afford to do so. Families are losing out as a result. It is really bad for kids if dads and second parents are not enabled to spend time with their children. It is really bad for women, and it is a big cause of the gender pay gap, so we would really like to see the parental leave review happen as quickly as possible, and paternity leave increased, ringfenced and paid properly.

Jemima Olchawski: To come back on flexible working, Fawcett has been campaigning for that advertising duty and agrees that it is really important to make these measures meaningful. It is also important to recognise that this is good for employers because it increases the pool of talent that they have access to, rather than being able to get applications only from people who meet a rigid but not relevant set of criteria. It broadens it out to everyone who genuinely can do the job, which benefits everyone and is hugely important for enabling women to succeed at work.

[Chris Law]

Q I wanted to explore something a bit more, Joeli, because my ears pricked up when you talked about non-disclosure agreements and the thousands that sign away the complete rights of women. Could you tell me a bit more about your research, and could you also tell us a bit about what lessons have been learned from Ireland? I really want to explore that.

Joeli Brearley: Sure. Non-disclosure agreements are a real problem. We do not know how many exist, or how many women who experience discrimination—I am saying women because I work with women; of course, men sign them as well—sign them, because of course they are non-disclosure agreements, so nobody can talk about them. We run a mentor programme where we pair up women who are taking legal action against an employer with somebody who has been through that process, and in 90% of the cases that we work with, they end up signing a non-disclosure agreement.