Covid-19: Maternity and Parental Leave

Dan Carden Excerpts

Monday 5th October 2020 Westminster Hall

[Dan Carden (Liverpool, Walton) (Lab)]

It is a delight to respond to the debate on behalf of the Opposition, and to see you back in the Chair in Westminster Hall, Madam Deputy Speaker. As others have done, I start by thanking Jessie Zammit and her husband James for starting this e-petition, and the 226,000 people who signed it. I pay particular tribute to my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) who, as others pointed out, took this issue forward and delivered a really important report. Beyond today, I hope the Government will take far more seriously the issues in the report and give us a much better indication of additional support for parents and families, as we head into what will, no doubt, be an even harder winter with coronavirus.

I briefly thank all Members, particularly those from the Opposition, for their contributions. We heard excellent contributions from my hon. Friends the Members for Lewisham West and Penge (Ellie Reeves), for Newcastle upon Tyne North, for Luton North (Sarah Owen), for York Central (Rachael Maskell) and for Ellesmere Port and Neston (Justin Madders).

Even before the pandemic struck, the system of support did not work as it should. There are too many inconsistencies in the support provided to employed and self-employed parents—or biological and adoptive parents, as we heard—causing some to miss out on vital support that is incredibly important at that time in their lives. The existing flaws have been exacerbated by covid-19, leaving many families in hardship and struggling. The Government’s response to the petition and subsequent report acknowledges that we are living through unprecedented times, but it does little more than express satisfaction with maternity and paternity support as it was before. The number of signatories to the petition speaks to the importance of parents’ and children’s wellbeing at this time, and to a real frustration with the inadequacy of the current provisions and the Government’s failure to provide sufficient additional support in the light of the pandemic.

The Petitions Committee’s report explains why the Government’s claim to provide among the most generous maternity support in the world is quite simply untrue, and why it is challenged by UNICEF, as has been mentioned. The report calls on the Government to capture data on the uptake of parental leave, as well as pay, so that any future review of parental leave arrangements can consider the extent to which parents from all groups are able to use their entitlements, and whether to extend leave or provide hardship grants in the light of that evidence. The Minister should take on board that important call. The UK has seen rapid growth in self-employment in recent decades, so it is of great concern that significant disparities exist between employed and self-employed women. Self-employed women already face additional challenges and reduced incomes after having children. If both parents are self-employed, only the mother can claim an allowance and there is no paternity or shared leave for fathers, which means that caring responsibilities fall to the mother. The entitlements available to self-employed women compound rather than address that inequality. Unlike statutory maternity pay, maternity allowance is treated as unearned income and deducted from universal credit, sometimes leaving women up to £5,000 worse off. Can the Minister give any justification for that unfair discrepancy? I call on him to set out how the Government will address it.

That is just one of the many inequalities in entitlement brought about by an inconsistent welfare system, combined with an increase in precarious work. The Government have pursued an agenda of creating a deregulated gig economy, rolling back workers’ rights and fostering insecurity in work, which has left us in the worst possible position as we now face the devastation wreaked on the economy by coronavirus.

Following the announcement by the Prime Minister and the chief medical officer in March that pregnant women are clinically vulnerable, employers that were unable to make the necessary adjustments to ensure workplace safety were required to send them home on full pay, but many pregnant women were unlawfully put on statutory sick pay, which affected their maternity pay and other entitlements. Labour has previously called on the Government to discount covid-related spells on SSP for the period when earnings are used to calculate statutory maternity pay to ensure that pregnant women do not have their maternity pay cut as a result of being on SSP. It is unacceptable that the Government have refused to do that, and I ask the Minister to reconsider.

In fact, the Minister said that the women affected should simply bring an employment tribunal claim against their employer, despite knowing that that is not a realistic option, given the small window of opportunity for doing so and the huge and growing backlog in employment tribunal cases. Citizens Advice says that its advisers are seeing worrying cases of pregnant women who feel that they have been selected for redundancy because they need more stringent health and safety measures, and demand for the organisation’s discrimination advice page has increased fourfold.

I echo the report’s recommendation that the Government should consider extending to six months the period in which pregnant women and new parents can bring claims before the employment tribunal. Last week, the Ministry of Justice published new figures blaming the 31% rise in outstanding employment tribunal cases on an increase in unemployment because of covid-19. It also warned the Government that the decision to end the job retention scheme and replace it with a job support scheme will lead to a further spike at the end of October.

Given that one in four people are already living under regional lockdowns, and that a second national lockdown is a very real possibility, the issues highlighted by the petition, the report and this debate will not go away. It is not acceptable for the Government simply to restate that the support available is generous and sufficient. The evidence submitted to the Petitions Committee inquiry shows that that is not the case. Substantive ministerial action is needed and I call on the Minister to set out what steps the Government intend to take, considering the problems facing pregnant women and new parents that hon. Members have detailed today. It is simply unfair that too many have lost their leave during this period of lockdown, so the Government should look to what action can be taken. The issues raised here will not simply be dealt with in this debate; they require action from the Government.