Protection from Redundancy (Pregnancy and Family Leave) Bill

Debate between Dan Jarvis and Matt Rodda

3rd reading
Friday 3rd February 2023 Commons Chamber

[Dan Jarvis]

I am grateful for that intervention and I completely agree. My hon. Friend makes an important point. We have tried hard to craft this piece of legislation in a way that, as my hon. Friend says, is very much family friendly, but is also friendly to businesses and employers. We have huge productivity challenges in this country, and certainly the business owners who I talk to in Barnsley, in South Yorkshire and beyond believe in the importance of investing in their workforce. That is good for the employee, but it is also good for the employer.

We have worked hard to achieve the right balance. One of the ways in which we can demonstrate that balance is that we have support from those representing workers—the trade union movement—but also the support of the CBI. I am particularly proud of that. We have been able to find that sweet spot we always wanted: to be family friendly and support women in the workplace, but to do so in a way that is also helpful to businesses.

[Matt Rodda (Reading East) (Lab)]

My hon. Friend is making an excellent point. This is hugely important work, and I commend the work he has done and praise both the CBI and the Trades Union Congress for their support of this important Bill.

[Dan Jarvis]

I am grateful to my hon. Friend for his intervention. He is right to praise and highlight the contributions made by a range of different organisations. I am grateful to my own union, Unison, for its extraordinary support, but the CBI and the business community have also been helpful and supportive. As anyone who has embarked on a piece of legislation will know, it is necessary to consult widely, and I have had extremely useful and positive feedback from the business community as well.

From some interesting recent conversations, I know that the decision to start or grow a family has never felt more expensive for so many people, and many are now concluding that, financially, they are not in a position to start a family—at the moment, it is simply unaffordable for them. What new parents need as a minimum is job security, which this Bill seeks to provide by extending redundancy protections for both pregnant women and new parents. That means that a statutory duty will be placed on employers to prioritise soon-to-be parents and new parents in a redundancy situation by offering them—not inviting them to apply for—a suitable alternative vacancy if their job becomes at risk. As Members from both sides of the House agreed on Second Reading, that will make a big difference to tens of thousands of working families every year.

Shamefully, we do have an epidemic of discrimination against women at work. In 2016, a BEIS-commissioned Equality and Human Rights Commission survey found that three in four women experienced pregnancy and maternity discrimination. Some 54,000 women a year lose their job simply because they are pregnant—it is a scandal. We are six years on from those shocking findings, but as yet no action has been taken to tackle the industrial-scale discrimination that women face; for too long, we have collectively failed to address that issue. I am determined to try to break the cycle of intolerance, inequity and inaction, because pregnant women do not just deserve to feel safe in their roles, but have a right to be safe.

With a cost of living crisis meaning that millions are falling into poverty, we cannot wait any longer to act. Discrimination was rife pre-pandemic, but mothers are one and a half times more likely than fathers to have lost their job since lockdowns began. Charities such as Pregnant Then Screwed do incredible work to support women facing maternity discrimination, and the personal stories of the pain and hardship women face, particularly during lockdown, are deeply troubling to hear.

On Second Reading, I told one story that was so deeply unjust, it still sticks in my mind: the story of Natasha. Natasha lost her job at the height of the pandemic. She was pregnant; she was the only employee to be dismissed from her team. Amid the chaos and disruption of 2020, with a baby on the way, Natasha was unemployed without the means to pay her bills. Then, as if things could not get any worse, a few weeks later, disaster struck: a miscarriage. In the middle of one of the worst public health outbreaks we have seen, Natasha had lost her baby and lost her job.

It is hard to comprehend the heartbreak and injustice that Natasha had to endure. The sad fact is that this legislation comes too late for women such as Natasha, but if we can get this right today, it will mark a positive step towards affording pregnant women more protection in their workplace and giving working parents the increased security of returning to their job after taking parental leave. Although the Bill will go some way to strengthening employment rights, on its own it is not a silver bullet. The issues with parental leave are vast. We cannot fix everything through a single piece of legislation. There is much more to be done, not least to bolster this new legislation and to support women taking their employer to court when a business flouts the rules.

Currently, the onus is on the woman, who, remember, is on maternity leave, to take the matter to an employment tribunal—a highly stressful and costly decision that must be made within three months. However, the 2016 findings showed that fewer than 1% of women—yes, 1%—lodged a complaint with an employment tribunal. Extending the time limit to bring forward a claim to six months was supported by every single stakeholder I engaged with bar none. These women deserve proper access to justice. One of the ways in which we can provide that is by extending the time limit. Bad employers must know that there will be consequences for their discriminatory treatment.

I am looking to the Minister now to give the evidence good consideration. When do his Government plan to implement the Law Commission’s April 2020 findings and extend the time limit for all employment tribunal claims to six months? That would complement the Bill that we are introducing today.

I also wish to raise once more the issue that relates to the six-week qualifying period—this will come as no surprise to the Minister. Although these measures will not be in the Bill, they are none the less still important. Currently, there is a proposal to include within the regulations a qualifying period whereby a new parent must take six consecutive weeks of family leave to be entitled to the redundancy protections. I must again put on the record my concerns, which are echoed by stakeholders, that such a threshold could disproportionately impact a new mother who may be forced to curtail her maternity leave, for whatever reason, returning to work unprotected and vulnerable.

I know that the Pregnancy and Maternity Discrimination Advisory Board met last week to discuss the proposal. I understand that it was a constructive meeting and I am very pleased that there is an ongoing consultation on this before a final decision is taken. The Minister will be pleased to know that I do not need him to respond on that particular point today, but I would, in good faith, ask him again to give good consideration to the board’s recommendations, so that we are able to protect as many new mothers as possible with this legislation.

Madam Deputy Speaker, time is short. Colleagues will be relieved to hear that I do not intend to detain the House for much longer, as I am keen to make progress with this Bill. However, I want to take this opportunity to thank all those who have supported it. On Second Reading, we heard moving and powerful testimonies not just from colleagues speaking on behalf of their own constituents, but from hon. Members who shared their own lived experiences, including the hon. Member for Motherwell and Wishaw (Marion Fellows), and for that I am grateful. I also wish to put on record my gratitude to the Equality and Human Rights Commission, Unison, the TUC, Unite the Union, the Royal College of Midwives, the Fawcett Society, the Chartered Institute of Personnel and Development, the CBI, Working Families and Mumsnet. I thank them all for their invaluable support to the process over the past year.

I also, again, want to thank the Minister and his team for their excellent work and the brilliant support. Similarly, the Clerks in the House have worked at their usual extremely high standard. I also thank the shadow Minister who has engaged patiently and closely and in the best traditions of the constructive support that we get from our own Front Bench, and I am very grateful to him. I thank also my own very small team, Alex Foy and Richard Mitchell, for their excellent work in getting us to this point.

We are here today to make a change for 54,000 women and new parents besides across Scotland, England and Wales. We are here to help protect people such as Natasha and the families who will benefit from the changes the Bill will bring. We have a rare and precious opportunity to make that happen. I very much hope that we do not miss that chance today and that the Bill goes forward.