Shared Parental Leave and Pay (Bereavement) Bill

Darren Henry Excerpts

2nd reading
Friday 26th January 2024 Commons Chamber

[Darren Henry (Broxtowe) (Con)]

I should like to begin by giving my heartfelt thanks to the hon. Member for Ogmore (Chris Elmore) for securing a Second Reading for the Bill. I have been campaigning to make this change in law since the issue was first brought to my attention by a constituent in February 2022, so I was delighted to find out that the hon. Member had introduced a Bill to do that.

As has been evident in previous debates, including on my ten-minute rule Bill on this topic, in which we received support from Members from every major political party, this is a measure that parties can get behind. This is truly a cross-party Bill; there is support for this issue right across the House. It is not divisive or controversial—it simply seeks to allow individuals who have lost their partners in childbirth the right to have time to spend with their new-born child, without the need to have been previously employed for the 26-week requirement.

I have told Aaron’s story in the House on various occasions, but will continue to do so until the change is enacted in law. In February 2022, Aaron, who is in the Public Gallery today, came to my constituency surgery in Stapleford in Broxtowe. In his arms was Tim, his three-week-old son. Tim’s mother Bernadette had tragically passed away during childbirth. Aaron, however, had not been employed by his company for the 26 weeks required by law to access shared parental leave and pay. I have since that meeting felt that it was my purpose in this House, as well as representing my constituency, to right this wrong.

In our modern society, people should not be forced to choose between their families and their jobs. Providing the security that allows a parent to take time off with their new-born child, knowing they will return to their job, is essential. That is no less important for the sole surviving parent than it would be for the birthing partner. As a father, I cannot imagine being in the same situation as Aaron. We must do more to ensure that as much support as possible is in place for parents who find themselves in that incredibly difficult position.

Aaron was lucky, because his company was kind enough to allow him the time he needed, but others may not be in that position. Instead of sitting back quietly, however, Aaron was determined to make a change so that others did not find themselves unable to take leave. He has campaigned alongside me for this change in law for two years, and I thank him for the bravery and determination he continues to show.

This Bill is fairly unique in that it gives something we cannot often grant as Members of Parliament: time. Specifically, it gives time to spend with a newborn following tragic circumstances. It is time that, if missed, cannot be regained. Research shows that babies undergo huge growth, brain development and neuron pruning in the first two years of their lives. The brain development of infants, including their social, emotional and cognitive development, often depends on a loving bond or attachment relationship with a primary caregiver, usually a parent. Researchers also found increasing evidence in fields such as neurobiology and development psychology studies, that a lack of consistency in parental presence, such as if the remaining parent is unable to take leave from work, can lead to long-term mental health problems, and to reduced overall potential and happiness.

The evidence is clear that individuals who have lost their partner in childbirth being able to take leave is a necessity for themselves and their child. We have a duty to ensure that that right is written in law and not left up to the good will of individual companies. The negative impact on businesses that employ individuals in these circumstances has been raised as a concern in this area. Some may have trepidation that such a change in law would cripple small businesses that cannot afford this type of leave. To that point, I say that an incredibly small quantity of people and businesses would be affected; this is not an issue that affects thousands. Furthermore, if such leave is not allowed, businesses could face losing a valued employee—a situation that many would seek to avoid. I hope that the effect a change would have on businesses would be small in comparison to the benefit that would be gained by the individual receiving leave.

I am incredibly grateful that, thanks to the hon. Member for Ogmore (Chris Elmore), we have the parliamentary time for today’s vital debate. I also thank the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who has been incredibly helpful in bringing the Bill to this stage. However, I must briefly put on the record my disappointment that this Bill will not include pay.

The Bill goes some way to ensuring that support is in place for the small amount of people who find themselves in this situation, but it could go further. It is my hope that we do get to a stage where leave and pay are granted to those who find themselves in situations such as Aaron’s, and it is regrettable that pay is not included today. Leave, whether that be maternity leave, paternity leave or shared parental leave, was created to allow a new parent to spend essential time with their new-born child. In cases such as this, it seems that the people for whom these types of leave were created to help are often the ones missing out.

When faced with a life-altering set of circumstances, Aaron was affronted by having to cope with the challenges of being a new parent, the prospect of a new job, insecurity, and all while in the midst of extraordinary grief. That is more than many of us could handle. This Bill is not controversial; it simply seeks to allow individuals the right, under circumstances beyond their control, to take leave to be with their child. As I have mentioned previously, it is also not a Bill that will affect the vast amount of our population. It affects a small number in our society who need the help of this Government and their employers. If an individual falls through this gap, they could find themselves faced with the choice of losing their job or losing spending time with their new-born child—not a choice anybody should have to make.

To summarise, we have a gap in our law. It does not affect a huge amount of people in the UK, but those that it does affect feel the impact. The Bill will ensure that individuals who lose their partners in childbirth have the assurance that they will have leave, no matter how long they have been employed by their company, to take that crucial time to be with their child. The alternative may be companies losing valued employees and new fathers becoming unemployed during one of the hardest moments of their lives. We have the opportunity to change that today.

I will wind up my remarks today by thanking all those who have got us to this point: the hon. Member for Ogmore, the officials, the Under-Secretary of State for Business and Trade, my parliamentary team, Lillie Grant and Joshua Stefan, all those who have contributed today, and lastly, and most importantly, Aaron. Thank you.

--- Later in debate ---

[James Daly (Bury North) (Con)]

I suspect the population of the United Kingdom are not gripped by Parliament TV at the moment, but I wish they were, because debates such as this show the humanity of Members of the House. This whole discussion is based on humanity, and it says a lot about the hon. Member for Ogmore (Chris Elmore) that he has taken on a Bill that my hon. Friend the Member for Broxtowe (Darren Henry) has worked on to bring about positive change. When I became a Member of Parliament, I thought how difficult it was to change the lives of thousands of people in one go, but if we can change the life of one person in a positive way, even if it is in very tragic circumstances, it is a worthwhile thing for us to do, so I am pleased to take part in this debate.

I refer to my entry in the Register of Members’ Financial Interests. I am a practising solicitor and partner in a firm of solicitors. People have different views on whether that is a good or a bad thing, but I would like to think that I work hard as an MP. When we talk about employment rights, even in the most tragic of circumstances, I sometimes feel that the views of small employers, the backbone of our economy, are not represented, and I will give a few thoughts on that today. As my hon. Friend the Member for Broxtowe has rightly said, some of the commentary on the Bill has been about how employers would react to such circumstances. When I come down here to be a Member of Parliament, including on a Friday, I am very lucky that I have a wife who runs a business, looks after two children, looks after a dog, looks after a family, and does literally everything in respect of that. She has the pressures of life on her, and she maintains a business in challenging circumstances; we employ approximately 20 people. She is my template when I think what she would make of the Bill. We are a business that does not make vast fortunes of money; we rely on treasured and important employees being able to create incomes so that we can pay wages. None the less, I do not believe, unless my hon. Friend has been told something different, that a small business, even in the most challenging circumstances, would seek to terminate the employment of somebody who has gone through such a bereavement. We must have faith not only in the words that we say in this place, but in the humanity of the people we represent. Faced with these circumstances, the small businesses that I know up and down the country would, I think, rise to the challenge, and support in exactly the way that my hon. Friend has described.

It is sometimes difficult to talk in this Chamber about things of which we have no personal experience, but as Aaron is in the Public Gallery today, I can say that both he and Tim can be very proud and pleased that good will come from tragic circumstances.

On the wider issue, both parties share a commitment to shared parental leave and employment rights. I would like to say that it is not a political issue, but it is important to note that we have seen developments under this Government, such as carers’ leave and flexible working, to try to respond to the challenges, many of which came from covid. Those developments ensure that the nuances of people’s everyday lives are recognised and that they are supported, because they have much to contribute to our economy. In the circumstances we have heard about today, it is not anyone’s fault that a person is put in that position, but we cannot, through prejudice, hinder people who have so much to offer and so much to support local businesses with.

With regard to bereavement, the pandemic brought that very much to the fore for many of us. I have two children, Alexander and Teddy—we all take the opportunity to mention our children’s names. I cannot imagine—no, it is too much to think about. I lost my dad during the pandemic. My dad, who was a very rumbustious, lively man, was a big part of my life. When he passed away, sadly the covid regulations were in place, so we were perhaps unable to come to terms with his death, or to celebrate his life and speak to his friends and wider family in the way we would have liked.

Bereavement, in its widest sense, affects people in different ways in the workplace, and I think there is an ongoing debate. My friend the hon. Member for Ogmore said that this is a starting point for the debate, and the issue of how bereavement impacts people is very important. My hon. Friend the Member for Congleton (Fiona Bruce) also made a valid point on that subject.

[Darren Henry]

Does my hon. Friend agree that what is proposed would actually benefit the employers who provide that, because they would retain the employee in the workforce in the long term, rather than losing them, which would have a negative impact on their business?

[James Daly]

I completely agree. The great challenge in the modern economy is productivity. I cannot express how difficult it is to recruit good staff who are productive—it is genuinely incredibly difficult. That takes me back to the point that employers will do just about anything to retain productive staff, which is what we want to see.

I was here last Friday, when the House was debating a different subject, and the question often asked is why we should legislate on such matters. It is important that this House, and through it our democratic will, guides employers on what we feel are matters of importance and priority, and this is another example of a Bill that does that. Making employers aware that this is an issue that our democratically elected Parliament feels is important is incredibly important.

[Darren Henry]

Does my hon. Friend agree that businesses also need to consider leave and pay if they are to retain good staff?

[James Daly]

That is absolutely correct. Obviously there are bad employers, but the colleagues I know who run their own businesses, who value their employees, would certainly not resile from their responsibilities to those employees. I appreciate the point about legislation, but we must have faith that employers will rise to the challenge. I think very few employers—I am sure there are some bad examples—would resile from that challenge.

Before us we have a Bill that states Parliament’s clear view that a grave injustice must be remedied. It is an honest Bill that says it is the start of a journey, a discussion not only about how we can build on the Bill, but how flexible working and other employment legislation can develop and respond to the modern economy. I have severe concerns about flexible working from home. My local authority tells me that a lot of people are no longer working in the town centre, which is having a hugely detrimental impact on the high street. The Bill is part of sensible and pragmatic employment legislation, and part of an ongoing response to the modern economy and modern needs that understands the nuances and differences in people’s lives.

Any Bill that touches a person’s life in a positive way should be fought for, and this is a good Bill. I encourage the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), to think about the points our hon. Friend the Member for Congleton (Fiona Bruce) made about bereavement counselling. There is in my constituency a wonderful charity that deals with the consequences for parents of suicide and supports parents and carers in those circumstances. In this ongoing debate, we need to think about how the state can invest in services that give people the best chance to come to terms with horrific events. We are a good Parliament, ours is a good country, and this debate shows that. It shows humanity and reflects our belief that employers will rise to the challenge the Bill sets. I think Aaron and Tim will forever be proud of what has happened here today.

Shared Parental Leave and Pay (Bereavement) Bill: Instruction

Darren Henry Excerpts

Instruction
Tuesday 5th March 2024 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I will just say a few words about the motion; I am sure the Minister would be disappointed if I did not.

I pay tribute to my hon. Friend the Member for Ogmore (Chris Elmore) for his work on this issue. I am pleased to see the hon. Member for Broxtowe (Darren Henry) here too, because they have both been working on this issue with the Minister, and it is very pleasing that we have got to this stage. I commend my hon. Friend on his success in achieving Government support. This important Bill will help those in the awful and unimaginable situation of losing a partner when a child is expected. The Minister is right to try to equalise the provisions across all circumstances. We look forward to the Bill hopefully being amended in Committee to take on board the intentions set out today. We welcome the motion, and we wish it all the best.

[Darren Henry (Broxtowe) (Con)]

When Aaron came to my constituency surgery with his three-week-old son, Tim, in his arms—his wife sadly died in childbirth—he had been working for a company for less than six months so he was not entitled to shared parental leave. Does the shadow Minister agree that this will affect the very small number of people a year in that situation? It will not be a significant burden on businesses and the Government, but for the people it affects it will be hugely impactful.

[Justin Madders]

The hon. Gentleman is absolutely right. We have discussed that with the Minister in other debates. The Bill will thankfully affect a very small number of people, but the hon. Gentleman is absolutely right that for them it will be an incredibly important advance. On that note, I wish the Bill the best of success in its passage through Parliament.

Shared Parental Leave and Pay (Bereavement) Bill

Darren Henry Excerpts

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.

[The Chair]

We have until 11.25 am.

[Darren Henry]

As the hon. Member knows, I am delighted that the Bill has got to this stage. For years now, I have pushed to make this vital change in law, following a local surgery in Broxtowe with my constituent, Aaron.

I agree with the amendments put forward, and I am grateful for the work undertaken by the hon. Member to achieve this level of support. It is important that he is taking the Bill through the House to stop individuals finding themselves in this position in future. I am particularly glad to see that cases of adoption are included. However, I am disappointed that pay is not included. I have previously placed on record my thoughts on the matter so I will not do so at length today, but I hope that pay will be added to the legislation in future to benefit all those who find themselves in a situation such as the one Aaron did.

[Tracey Crouch (Chatham and Aylesford) (Con)]

I congratulate both colleagues—the hon. Member for Ogmore and my hon. Friend the Member for Broxtowe—on bringing forward this vital piece of legislation. It is interesting that there is a public perception about what we do in this place, and this Bill is exactly what people do not see. It has come about from a surgery appointment that showed a clear gap in shared parental leave. I congratulate both Members on the important work that they have done on this issue. I hope that those of us who are introducing the Bill never have to go through those tragic circumstances, but if we do, we should be comfortable and confident that we and our constituents will benefit from it.

Paternity Leave (Bereavement) Bill

Darren Henry Excerpts

3rd reading
Friday 26th April 2024 Commons Chamber

[Darren Henry (Broxtowe) (Con)]

I could not be more delighted that the Bill has finally reached this stage today. I of course put on record my most sincere thanks to the hon. Member for Ogmore (Chris Elmore). I was delighted when he was selected in the private Member’s Bill ballot and agreed to take forward this Bill. He has worked incredibly hard to get it to this point, and I am grateful for his and his team’s work toward getting this Bill to become law.

I have recalled Aaron’s story on many occasions now, and as today may be the last chance I have to do so, I will recall it again. In 2022, my constituent Aaron came to my local surgery in Stapleford with his new son Tim in his arms. Aaron had tragically lost his wife Bernadette in childbirth and found that he did not qualify for leave, as he had not been employed by his company for the required period of time. I was determined to change this, so that no one else would find themselves in the same position. Aaron’s company made good but was not compelled by law.

Aaron has been here at every stage of this Bill’s progression through the House. He is once again in the Gallery today. Aaron is testament to the power that constituents can have if they raise an injustice that they come across within our laws. Changes such as this come from individuals such as Aaron and his relentless fight to ensure that no one finds themselves in the same situation. As has often been said by the hon. Member for Ogmore and I and others, this change will not affect many people, but to those it does affect, the impact will be huge. The Bill will ensure that individuals who lose their partner during childbirth have a day one right to leave. Allowing an individual not to have to worry about their employment during what is an incredibly difficult time can have a huge impact on someone.

As the hon. Member for Ogmore mentioned, the cross-party support for the Bill shows the non-political nature of this measure. I was delighted when presenting a ten-minute rule Bill on this topic to receive overwhelming support from across the House, including from the hon. Member for Strangford (Jim Shannon), my hon. Friends the Members for Bassetlaw (Brendan Clarke-Smith) and for Gedling (Tom Randall) and many others who are not in their place today.

I put on record my thanks to those Members who have been with me, pushing for this change. My hon. Friend the Minister, who has responsibility for enterprise, markets and small businesses, met with Aaron and I two years ago regarding this issue. He has consistently offered support and advice, and I know he has worked with the hon. Member for Ogmore on getting the Bill here today. I hope that the Bill does not have to be used by many, but it will have a huge impact on those who do use it during a stage of life when support is most needed. That is something that everyone supporting the Bill should be incredibly proud of, most of all Aaron.