Protection from Redundancy (Pregnancy and Family Leave) Bill

Gareth Bacon Excerpts

3rd reading
Friday 3rd February 2023 Commons Chamber

[Gareth Bacon (Orpington) (Con)]

I rise to support the Bill. I pay tribute to the hon. Member for Barnsley Central (Dan Jarvis) for all his work on this very important matter. As he mentioned, the fact we are here today, in 2023, no less, to debate giving women protections in the workplace is a clear indication that, despite all the progress we have made as a society, there is much more that still needs to be done to ensure fairness for all.

I am aware that legislation alone cannot be the only vehicle for progress. In general terms, we should be very careful when we call for increases in regulation, because those can have unexpected and unintended adverse consequences. That said, I believe the Bill is extremely necessary.

In 2019, the Department for Business, Energy and Industrial Strategy launched a consultation on pregnancy and maternity discrimination, and the possibility of extending redundancy protection for women and new parents. In response to that consultation, the Government pledged to extend current redundancy protections from the moment the employer was informed of the pregnancy through to six months after maternity leave has finished, as well as extending equivalent protections to those taking adoption leave or shared parental leave.

Those measures were included in an outline of a proposed employment Bill in the December 2019 Queen’s Speech. However, in common with so much else, that Bill was entirely knocked sideways by the arrival of the pandemic a short while afterwards and the Bill did not get to the Floor of the House.

Between 2019 and 2021, my right hon. Friend the Member for Basingstoke (Dame Maria Miller) introduced three private Members’ Bills aiming to prohibit redundancy during pregnancy, maternity leave and up to six months after, other than for a limited set of reasons. Unfortunately, none of those Bills received a Second Reading. The hon. Member for Barnsley Central is to be congratulated on both bringing the Bill and for working with the Government to secure support for it.

This place can be very fractious at times. Regretfully, most of the general public form their view by watching Prime Minister’s Question Time. I wish more people would watch the proceedings of the House on a Friday, because they would see the House working at its best. Very often we come here on a cross-party basis and do things for the common good of our citizens.

I would like to bring attention to the context in which the Bill would have an effect. The current provisions in the Employment Rights Act 1996 allow the Secretary of State to make regulations with regard to redundancy “during” periods of maternity leave, adoption leave or shared parental leave. The Bill amends those respective provisions to allow regulations with regard to redundancy “during or after” such periods of leave.

The Bill aims to provide a safety net for pregnant women so that they are not unfairly dismissed from their jobs during or shortly after pregnancy. That is crucial, given that a woman, as the hon. Member for Barnsley Central has said, can be in a vulnerable position, especially after having her first child. Difficulties can also be experienced by women who adopt children, and it is right that the Bill also includes provisions for those circumstances.

The Bill will give increased job security at an important time in the lives of families. As the hon. Gentleman has said, the Equality and Human Rights Commission claimed its research shows that up to 54,000 new mothers a year may be dismissed from their jobs. That is an outrageous figure. For that to be even remotely true in 2023 is, frankly, scandalous. It is particularly concerning given that we, as a country, are proud of being a model for modern work practices.

In July 2020, the campaign group Pregnant Then Screwed surveyed 19,950 women and found that

“11.2% of women on maternity leave have been made redundant or expect to be made redundant ”,

of whom

“60.7% believe their maternity leave was a factor in the decision’’.

The fact that so many women consider that being on maternity leave was a factor in their employer’s decision to make them redundant is cause for concern.

I believe the Bill is well balanced, because the measures will be beneficial to businesses as well as to employees. The Bill is likely to improve relations with female employees and reduce a source of conflict that can, in some instances, develop into costly and time-consuming legal cases. I am pleased that, alongside the reforms, the Government have committed to working with the Pregnancy and Maternity Discrimination Advisory Board to update guidance so that this type of discrimination in the workplace is further eradicated.

I speak as the father of an inspiring young woman. I know that parents across our great country raise their daughters in the hope and expectation that they will get into the workplace, have good careers and contribute to society, if they can develop the skills demanded by our businesses and economy. At the risk of repeating myself, I reiterate that our country is one of best places for women to join the workforce and work; however, where further progress can be made, we should not hesitate to act to get there. It is only right that we remove any barriers that hinder women from achieving their ambitions. The Bill seeks to do that, so I very much support it.