Trade Union Access to Workplaces

Debate between Danielle Rowley and Justin Madders

Tuesday 4th June 2019 Westminster Hall

[Justin Madders]

My hon. Friend makes an interesting point. I think there is more we can do to meet in the electronic sense, online; there can be more discussion forums that way. The old workplace messes are a thing of the past, but we can improve things in that way.

My hon. Friend the Member for Warrington South spoke about various examples around the country where employers have prevented unions such as the Bakers, Food and Allied Workers Union, Unison, GMB and the Union of Shop, Distributive and Allied Workers from accessing workplaces. We have heard about some of the largest employers in the country, including McDonald’s, Amazon and Bupa, actively seeking to prevent trade union activity through restricting access, banning visits or manipulating shift patterns to prevent opportunities for engagement. That is a shameless way to behave and is ultimately self-defeating.

In my area, trade union recognition in the construction industry has been a particularly hot issue recently. We have a lot of industrial construction, but for some reason some of those involved refuse to engage with trade unions on recognition issues, to their detriment. National agreements are important for pay, training and safety—all things we want to see in the construction industry.

[Danielle Rowley (Midlothian) (Lab)]

My hon. Friend mentions the construction industry. I have a constituent who found that she is blacklisted not only from a particular company but from the whole sector and is therefore unable to get employment in the field she is an expert in, all because of her trade union activity. Does he agree that that has to be wiped out? We cannot have people unable to get work because of trade union activity.

[Justin Madders]

I absolutely agree. We have had a number of debates on blacklisting, particularly in construction, but it applies in other areas. Whistleblowers often find that, once they have blown the whistle, they are unable to gain employment. It is a disgraceful activity that needs outlawing.

Ten Years of the Work Capability Assessment

Debate between Danielle Rowley and Justin Madders

Wednesday 24th April 2019 Westminster Hall

[Danielle Rowley (Midlothian) (Lab)]

My office team has experience of constituents challenging assessments and getting nowhere until they come to our office and we get a reconsideration straightaway, which gives the impression that they are not taken seriously. It is the exact same evidence, but they are not listened to until we get involved. Does my hon. Friend agree that that is a sad state of affairs?

[Justin Madders]

I find that disappointing, but not surprising. The fact that the appeals success rate is so high suggests that not only the initial assessment is flawed, but the mandatory reconsideration stage is not a proper appraisal of the full merits. Perhaps that takes place only when Members of Parliament get involved. A cynical view would be that the mandatory reconsideration stage is just a hurdle put in front of people to make life a little more difficult for them. I am shocked that recent figures for the appeal stage show that the DWP does not even bother to turn up to about 80% of the appeal hearings.

I want to pay tribute to my fantastic local CAB, which represents people at the appeal hearings. However, it cannot help everyone, and it is the people who are not able to get representation I worry about.

Given my constituents’ experiences, there is no doubt that the original assessments are flawed. Many decisions are overturned at tribunal, and it seems the system does not learn from its mistakes. For example, one constituent was assessed five times in eight years of being on ESA. At each assessment she was found fit for work. On each occasion she appealed and on each occasion she won that appeal. In the process she paid £150 to get medical evidence to support her appeals. How can the assessment process get it wrong five times? How can the absolute waste of public money that five separate appeals must have cost be justified when the final decision was the same every time? What does it say about the Government’s approach to people with long-term conditions? How many times does someone have to prove that they are ill and unable to work?

Last-minute cancellations have also been an issue. I have heard from constituents whose assessments have been cancelled on the day the assessment is due to take place, and in some cases the constituents were actually at the assessment centre when their appointment was cancelled. That seems to be particularly the case when the assessment is scheduled for a time after half past three. The most recent example involved a lady who was struggling when entering the assessment centre. Obviously, it is a very stressful experience. She was shaking, crying and not engaging, and then she was told that her assessment would be delayed by another 45 minutes, at which point she became so distressed that she had to leave the centre and cancel the appointment. That is a callous and uncaring way to treat someone. When one of my constituents rang up two days before her assessment to give notice that she would not be well enough to attend, she was told that it was too late for the assessment to be rescheduled and she would be recorded as a no show. It is double standards of the highest order.

In conclusion, people with long-term conditions deserve compassion, respect and support. They should not be made to feel they are on trial because they are ill.