Protection from Redundancy (Pregnancy and Family Leave) Bill

Imran Hussain Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I welcome the Minister to his place and congratulate my hon. and gallant Friend the Member for Barnsley Central (Dan Jarvis) on bringing this important Bill to the House for debate. I know that he has worked closely with civil servants and previous Ministers in the Department for Business, Energy and Industrial Strategy to produce a workable Bill that can pass through the House.

The Bill before us has cross-party support, as was evident from the contributions. Those of us who have been in this place for any length of time know how difficult it is to get cross-party support—especially on a private Member’s Bill—so that is a testament to his hard work. I know that hon. Members across the House will join me in congratulating him on that.

May I also thank the previous Minister, the hon. Member for Loughborough (Jane Hunt), who is in her place, for the fantastic work she has done in this area? I know about that from conversations we have had. The right hon. Member for Basingstoke (Dame Maria Miller) is not in her place, but I understand that she has done a considerable amount of work in this area too. I think it is important to record that here.

I also want to pay thanks to other hon. Members to their contribution to the debate. Before I do, I have to say that I feel the Conservative Whips today will be very pleased with my hon. Friend the Member for Barnsley Central, as he has nominated a number of Members to take the somewhat burdensome task at Committee stage off their hands. He did it in a masterful way; I was sat admiring and learning how it was done.

I want to genuinely thank hon. Members from across the House. The hon. Member for Loughborough made the point that we are at our best when we come together. It is absolutely right that we come together on matters of huge importance. I thank the right hon. Member for Beckenham (Bob Stewart), who, in his customary style of combining humour, passion and some very serious points, spoke very well. We will all take away his fine point about women being far superior to men. It is certainly a point I would never disagree with. My hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) spoke very passionately and gave real-life examples from her constituency that highlighted the broader impact on families and children.

The hon. Member for West Bromwich West (Shaun Bailey) gave a very passionate speech. He spoke from personal experience but also made the good point that good employers would actually welcome this legislation for all the right reasons. I have already thanked the hon. Member for Loughborough, but she rightly pointed out that this legislation extends to shared parental leave and adoption leave, and quite rightly so. The hon. Member for Cities of London and Westminster (Nickie Aiken) cited constituency examples and spoke of her personal experience, and I think everybody would agree about the importance of the cases she referenced.

The right hon. Member for Chipping Barnet (Theresa Villiers) quite rightly highlighted the benefits to employers as well as employees. She made a valuable point about the increased productivity that this measure will clearly bring. The hon. Member for Ashfield (Lee Anderson) made a pertinent point, the theme of which ran through all Members’ contributions: it is tragic that we are in the year 2022 and having to address this form of discrimination. It is shocking. Tragically, he is right that the discrimination in the workplace starts way before pregnancy. He highlighted many important points.

The hon. Member for Motherwell and Wishaw (Marion Fellows) cited a harrowing personal experience with the civil service. It was from the past, but she was visibly still quite moved, naturally and understandably. She gave equally moving examples from her constituency.

I am very grateful to all the hon. Members who have spoken today. They all spoke well and highlighted the importance of this Bill, which seeks to extend the protections from redundancy afforded to those taking maternity leave, adoption leave or shared parental leave beyond the date on which their leave ends, and to strengthen the protections afforded in pregnancy. As we have heard, these protections are desperately needed.

Maternity Action, Unison, the TUC and others have found that many employees are still being unfairly dismissed through redundancy. A number of hon. Members rightly cited reports such as the 2015 Equality and Human Rights Commission finding that 54,000 new mothers may be forced out of their job each year by being made compulsorily redundant or being treated so poorly that they have no option but to leave. Rather alarmingly, the Women and Equalities Committee found there is more discrimination and poor treatment of pregnant women and mothers at work than a decade ago, which should shock the House.

If those figures were not alarming enough, the campaign group Pregnant Then Screwed, which has been referenced by a number of Members, found in 2020 that more than one in 10 pregnant women had either been made redundant or expected to be made redundant, with almost two in three believing their pregnancy and motherhood was a factor. The TUC has reported that some women had been forced to take sick leave or unpaid leave because their workplace was no longer safe for them during their pregnancy and because their employer had refused to make the required adjustments.

As everyone who spoke before me said, it is frankly disgraceful that, in 2022, there is still discrimination against new mothers and mothers-to-be in the workplace, and that bad bosses feel they can flout employment law with impunity and without consequence or retribution. It could not be clearer that the existing protections for pregnant women fall far below the standard we should expect in this country.

With more than 15 million women aged 16 and over in employment between April and June 2022, with the female employment rate increasing to 72%—many of whom may choose to take periods of leave to have a family—and with the right to family life being a key human right, protecting those who choose to start and raise a family from unfair dismissal must be a key priority for this House and this Government. That is why Labour’s new deal for working people, published last year, makes a firm commitment to enshrine stronger protections in law to make it unlawful for an employer to dismiss a woman who is pregnant, while also extending statutory maternity and paternity leave.

I am pleased that not only has my hon. Friend the Member for Barnsley Central introduced this Bill but that the Government support his proposal, even if it has tragically taken us more than three years since the consultation to see this legislation. Although the Opposition Front Bench team support this Bill, we have a number of concerns about the shortcomings of Government policy that will weaken the Bill’s protections. The Minister will know from the tone of my speech that it is made in good faith. The strength of this debate shows the passion on both sides of the House to make this Bill as strong as possible and to afford as many protections as possible.

I am concerned about the Government’s plans to raise awareness among employers of the changes the Bill will make to regulations. Employers of all sizes must be made aware of their existing statutory responsibilities to those who are pregnant and those who are taking maternity, adoption or shared parental leave, even before we get to the strengthened protections that my hon. Friend proposes. As we have heard, many employers are flouting the current protections either deliberately, knowing they can get away with it, or inadvertently because they simply do not know what protections the law affords to pregnant women and those taking parental leave. It is clear that if we are to make progress, in my view, the Minister should have a hands-on approach to regulation and must ensure that employers are made aware. I hope the Minister is able to confirm today the actions that they will be taking to spread awareness among employers of existing and new protections—that point has been made by several Members today.

The issue of upholding and enforcing rights also takes me neatly on to my next point about the current backlog in employment tribunals. As has been pointed out, the Bill today and the regulations set to be made by the Minister will not apply a comprehensive blanket ban on making a pregnant woman or those on parental redundant, but only strengthen their chances of making a successful claim of unfair dismissal through the employment tribunal system. As anyone who has tried to hold their employer to account through the employment tribunal system for a breach of employment law will know, the situation is beyond dire. With a backlog of over half a million single and multiple claims, it can be up to two years after a claim is made that someone will have their case heard.

Faced with such a backlog, it is simply no wonder that such a high proportion of people withdraw their claims. If the Minister intends for the protections afforded by the Bill and forthcoming regulations, he must tackle that backlog as a matter of immediate priority.

Those made redundant and unfairly dismissed from their employment while pregnant or on parental must also have much greater flexibility in making an employment tribunal claim. That is why the Opposition’s new deal for working people proposes extending the time limit on bringing an employment tribunal claim so that no one is forced into making a hasty claim to a tribunal before allowing ACAS and their trade union to reach a settlement with their employer, so that anyone who has recently had a child does not have to face the additional pressures of making a claim in those hectic first three months when, as everyone will agree, caring for their child comes before their own wellbeing.

As has been pointed out, the Bill does not propose imposing a blanket ban on redundancies during the new extended period that the Minister must define in secondary legislation. That leaves real concerns that it will not go far enough in stopping discrimination against pregnant women in the workplace and those on parental leave, nor sufficiently protect them from redundancy. There are concerns that it will not be clear enough to employers.

As the Minister knows, and as was pointed out by my hon. Friend the Member for Barnsley Central, the German model offers a clear and pragmatic standard that the UK can adopt and adjust. My hon. Friend has gone through the German model point for point, so I do not seek to repeat that; it is on the record and Members were here when he made those points. In all sincerity, I would be grateful for a response from the Minister as to why the Government cannot adopt that model, beyond claiming that it would be too difficult to implement.

The qualifying period to obtain the additional protection offered after a period of leave is also a worry. That point, as I understand it, has not been made here today, but I believe it is equally important, as those most in need of protection are those who are forced to tragically curtail their leave before the sixth week because of personal, often financial, circumstance. These individuals should not be excluded from the extended protections being offered because of their circumstances and their need to curtail their leave. I hope the Minister will look again at this issue when regulations bringing it into effect are being drafted.

Finally, I wish to raise my concerns around the legislation itself. Although the Bill is the first step in introducing stronger protections for those on parental leave, the journey culminates in the Secretary of State making regulations that apply and specify the protections, and, as far as I can see, there is nothing compelling him to introduce these regulations by a certain date. Having covered this brief for some time, I am more than a little used to the Government promising action and, tragically, not following through on many important issues. For example, the ethnicity pay gap reporting keeps getting kicked into the long grass, and the legislation that mysteriously enters into the “in due course” world never seems to come back.

Tragically, some private Members’ Bills rarely make it on to the statute book because the Government refuse to make time for them in Committee. I therefore hope the Minister will confirm the date for the Bill to pass through its Committee stage. I know that there may a provisional date, but it would be nice to have that confirmation.

All these concerns could have been addressed if the Government had only introduced and passed an employment Bill, as they said they would almost three years ago. It was first announced in the Queen’s Speech in 2019 and then pushed back to a point “in due course”—that seems to be when so many of the plans from the Department for Business, Energy and Industrial Strategy will take place—and now seemingly has been scrapped, with no mention of it in the Queen’s Speech earlier this year. An employment Bill would have provided a means for the Government to strengthen protections for pregnant women and those on parental leave years ago, as well as so much more.

In closing, I want to be clear that we absolutely support the Bill before us today and applaud the work that has been done by my hon. Friend the Member for Barnsley Central. Again, I thank hon. Members from the across the House for the spirit in which this debate has been conducted today and for their powerful contributions. I hope, given the strength of feeling and the sincerity with which we have all spoken today, the Minister will look at making concessions with regards to the points that I have raised, particularly around ensuring that the regulations that are made can be upheld and enforced.

Protection from Redundancy (Pregnancy and Family Leave) Bill

Imran Hussain Excerpts

3rd reading
Friday 3rd February 2023 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

I know that this Bill has the strong support of Members right across the House. We have heard excellent speeches today from the hon. Members for Orpington (Gareth Bacon), for Guildford (Angela Richardson), for South West Hertfordshire (Mr Mohindra) and for North West Norfolk (James Wild). I know that we are all keen to wrap up proceedings in this House and send this important Bill to the other place, so I will not go into detail on the contributions that have been made, but the central theme that has run through the debate is that this is a very important Bill that rightly enjoys the support of Members across the House. This House is at its best when we come together on such important matters.

As my hon. Friend the Member for Barnsley Central (Dan Jarvis) said, and as I set out on Second Reading, this Bill is long overdue. Eight years ago, the Equality and Human Rights Commission found that 54,000 new mothers were forced out of their jobs because of either compulsory redundancy or workplace conditions that were so unwelcoming or so unsupportive that they had no choice but to leave. The House of Commons Women and Equalities Committee found, following the EHRC’s report, that the discrimination and poor treatment that pregnant women and new mothers face was worse than it was a decade ago. That is disgraceful, and it falls far below the standards we should expect in this country. The hon. Member for Orpington was right to say that in 2023 that should shame everybody. We should be going forwards, not backwards, strengthening the rights and protections afforded to working people, not letting them erode. I am pleased that the Bill promoted by my hon. Friend the Member for Barnsley Central goes some way towards addressing the issue. The Government have done the right thing by joining the Opposition in supporting the Bill on its legislative journey.

Let me make two brief points, which my hon. Friend mentioned. Although I think we can all agree that the Bill should enjoy the support of the House, it is very much an enabling Bill and further regulations from the Minister are required. I am hopeful that the Minister will set out some timescales and further particulars for those regulations. The other matter, although it does not fall within the scope of the Bill, is the six-week rule that my hon. Friend quite rightly mentioned, which is very important. The tragedy is that that rule will exclude groups of people that it should not exclude. I do not believe for one minute that that is the aim of the Bill, and I think the whole House would agree that the matter needs clarification from the Minister and urgent attention.

Although I welcome my hon. Friend’s Bill and although it has the full support of those on the Labour Front Bench and the rest of the Labour party, it should not have fallen to Back Benchers to introduce such legislation. The legislation should have been introduced by the Government, not through a private Member’s Bill, as part of a comprehensive expansion of employment rights and protection. We would have liked to have seen the measures in the Bill introduced as part of the Government’s much-promised but still to be delivered employment Bill. A general election is not expected for a little while yet—the Minister is preoccupied, but I am sure he agrees with that statement; I suspect that Government Members hope that that is the case—so there is still time for the Government to introduce such a Bill.

If the Conservatives will not introduce that legislation, the next Labour Government will do so: a comprehensive new deal for working people delivered within our first 100 days in office. It will not only extend statutory maternity and paternity leave to give new parents stronger protections, but tackle workplace sexual harassment, create a single enforcement body to uphold the existing rights of working people and working parents, introduce ethnicity pay gap monitoring so that we can tackle the issue of those from an ethnic minority background being paid less, and repeal the draconian Trade Union Act 2016, to empower working people to fight for a better deal, as well as the scandalous Strikes (Minimum Service Levels) Bill, which will see Ministers sack key workers for standing up to protect their jobs, pay and rights at work. As the party that has pioneered protections for women in legislation by introducing the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Equality Act 2010, the minimum wage and Sure Start, protecting working parents will always be a priority for Labour. We support this important Bill and congratulate my hon. Friend the Member for Barnsley Central on the work that he has done in bringing it to the House and guiding it every step of the way.