Employment Rights Bill

Imran Hussain Excerpts

2nd reading
Monday 21st October 2024 Commons Chamber

[Imran Hussain (Bradford East) (Ind)]

I refer Members to my entry in the Register of Members’ Financial Interests.

I support and welcome this transformative Bill. I place on the record my thanks to my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders), and the Deputy Prime Minister, with whom I have had the pleasure of working to play a small part in bringing this transformative legislation to the House.

In reality, the balance of power in our workplaces has been fundamentally set against employees for too long, meaning that the UK has some of the weakest labour protections in Europe, with legislation curbing the rights of working people to organise in defence of their rights, and insecure contracts and poor wage growth leaving one in five people struggling in poverty.

Under the last Tory Government, we saw an explosion in the growth of exploitative zero-hours contracts, unscrupulous fire and rehire practices, and the unforgiving and abusive gig economy. Ordinary working people across the country have experienced the most sustained period of wage stagnation for hundreds of years compared with our counterparts across Europe. Despite that exploitation of working people by bad bosses, the Tories never strayed from their mission of dismantling the power of trade unions to secure better jobs, pay and conditions for the ordinary people they represent, even in the middle of a cost of living crisis.

The Bill that we are discussing today, however, sets us on the road to implementing the transformative new deal for working people and to repealing the last Tory Government’s draconian anti-trade union legislation, which restricts people from organising in defence of their pay, terms and conditions. Spanning over 30 different measures, the Bill could give any of us a lot to talk about. However, as time does not permit that, I will concentrate on two or three areas.

With the establishment of a framework for fair pay agreements in the adult social care sector, the Government have acknowledged the immense benefits that collective sectoral bargaining can play. Social care workers are among the most crucial yet worst paid and badly treated groups of workers in our economy. I very much hope that the Government will introduce that framework for further sectors, and I encourage them to do so. Secondly, by ensuring that workplaces offer a guaranteed-hours policy to end the exploitation trap of zero-hours contracts that millions of workers find themselves in, the Bill ensures that we can provide the eight in 10 workers who desire greater stability more certainty over their contracted hours.

Thirdly, the Bill takes an important step towards widening access to statutory sick pay by removing the requirement to earn the lower earnings limit, and by making SSP payable from the first day of sickness. My sincere request to the Government is that, with the rate currently at £116.75 per week, we need in the consultation process—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call Alison Griffiths.

Oral Answers to Questions

Imran Hussain Excerpts

Monday 22nd April 2024 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

My constituency has some of the highest levels of health inequalities in the country, which have been further increased by the cost of living crisis and the continual cuts to our council budgets. If the Government are serious about levelling up, why was Bradford East’s bid to reduce health inequalities knocked back?

[Michael Gove]

The Labour leadership in Bradford Council must look to its performance. I think there is a distinction to be drawn between the Labour leaderships in Leeds and in Bradford—Bradford could learn a lot from what Leeds has done. This is not a party political point; it is a point about failure specifically in Bradford.

Extremism Definition and Community Engagement

Imran Hussain Excerpts

Thursday 14th March 2024 Commons Chamber

[Michael Gove]

My right hon. and learned Friend makes a very important point, because obviously our intelligence and security agencies, our law enforcement actors and sometimes those working abroad to keep us safe will have to deal with and engage unsavoury individuals. The definition does not cover that activity.

[Imran Hussain (Bradford East) (Lab)]

Let us be clear and call this what it is. It is not a serious and genuine attempt to address a very important issue. It is a further draconian attempt to continue the Tory agenda of culture wars. It is disappointing that countless civil liberties groups, and three former Home Secretaries, have warned the Secretary of State against politicising such an important issue, but it seems it has fallen on deaf ears.

If the Secretary of State is serious about addressing these issues, I ask him to condemn the extremist, vile and dangerous language used by some of his own Back Benchers and some of the Tory donors who are bankrolling his party.

[Michael Gove]

I thank the hon. Gentleman for his question, but I hope he will appreciate that both I and the right hon. Member for Ashton-under-Lyne (Angela Rayner) are determined not to politicise this matter but to make sure we can operate consensually. Of course there will be debate, challenge and differences of opinion and emphasis in what we seek to do, but it is a shared endeavour. Indeed, we have been working with independent figures such as Lord Walney to achieve consensus.

[Imran Hussain]

Condemn those on your own side.

[Michael Gove]

I am sorry that the hon. Gentleman feels it necessary to make a party political point about my colleagues. I extend to him the same courtesy that I extend to every Member of this House by respecting his mandate and his voice, and not indulging in that sort of unfortunate personalisation.

Financial Distress in Local Authorities

Imran Hussain Excerpts

Thursday 1st February 2024 Commons Chamber

[Mr Betts]

I thank my hon. Friend for his question. We clearly set out that the problem is due to a cut in funding. That is the result of a reduction in the central Government grant, with council tax increases only partly, but not wholly, replacing the funds. That issue needs addressing if we want councils to continue not only performing social care functions, but doing everything else that our communities rely on. We need fundamental reform; that is what we are calling for in the longer term. That is a challenge for any Government—I look at both Front Benches here—because if we reform local finance, some people will have to pay more and some will have to pay less. I always say that those people who pay more never forget about it and continue to blame the Government for years to come. Those who pay less will thank the Government and then forget about it next year. There is always a challenge when it comes to spreading the tax take around differently. But we will have to do it differently, because these council services—not just social care, but the parks, the buses, the libraries, the roads, the environmental services, the planning, and the economic development, which has almost fallen off the scale in some councils—are really important.

[Imran Hussain (Bradford East) (Lab)]

The reality is that 14 years of ideological austerity cuts have left many authorities on the brink of bankruptcy. From 2015 to now, Bradford Council has had £100 million-worth of cuts, which has left our services decimated and our communities devastated and deprived of much-needed services. I thank the Chair of the Select Committee for his report. I particularly welcome the call for much-needed and immediate funding for local authorities. Does he agree that the much-needed funding must be given, and if it is not given, any blame for section 144 notices should lie directly and squarely at the door of this Government?

[Mr Betts]

I thank my hon. Friend for his question. The report says that not every section 144 notice can be blamed on the Government. There will be circumstances in which councils get themselves into difficulty, but what we have said is that there are general problems coming down for councils, which have been created by a shortage of funding. We did make reference to Bradford. Bradford’s problem is the young age of its population—the number of children. Children services are run by trustees appointed by the Secretary of State for Education. That body has demanded from the council an amount equivalent to about 50% of its council budget. We could get the ridiculous situation in which the Secretary of State for Levelling Up, Housing and Communities sends in commissioners to run services to try to find the money to pay the trustees who are appointed by the Secretary of State for Education. That does not seem a great way for local government to operate.

Economic Activity of Public Bodies (Overseas Matters) Bill

Imran Hussain Excerpts

2nd reading
Monday 3rd July 2023 Commons Chamber

[Imran Hussain (Bradford East) (Lab)]

Let me be absolutely clear that the Bill before this House, which should be rejected, is not just bad and unworkable but fundamentally flawed and dangerous. Hon. Members across the House have rightly stated that it does not just prevent public bodies such as local councils involving themselves in foreign policy—as the Government innocently declare—but meddles in the autonomy of local government pension schemes to make the best investment decisions, and swings a wrecking ball through the UK’s obligation to respect international law and countless United Nations resolutions.

The Bill undermines the ability of public bodies and civic society to divest from those who are harming our environment and driving climate change. It provides the Government with unprecedented and deeply alarming powers of enforcement that curtail freedom of expression and democracy by gagging public bodies that have the audacity to speak and act on their conscience. It forces public bodies and civic society to kneel, against their own moral convictions, to the Secretary of State’s foreign policy.

Most alarmingly, by preventing public bodies from adopting positions that deviate from this Government’s foreign policy of turning a blind eye to persecution, oppression and injustice in other countries, the Bill quashes the ability of those individuals, public bodies and members of civic society with any sense of humanity to take a stand against human rights abuses, at a time of rapid increase in those abuses right across the world.

Each of those reasons alone is enough to bin the Bill but, taken together, they make it not only one of the most far-reaching and dangerous pieces of legislation this Government have ever sought to make law, but one of the most repressive. That is why it must be struck down today.

As pointed out by hon. Members across the House, the Bill directly contradicts decades of established UK foreign policy on illegal Israeli settlements built on occupied land. It is astounding that it has to be repeated in this Chamber time and again that settlements in the Occupied Palestinian Territories are illegal under international law. Why does the Bill not recognise that international position?

Instead of introducing legislation to Parliament that provides cover to the Netanyahu Government’s illegal annexation of Palestinian territory, Ministers must decide whether they agree with the established position of the rest of the international community that the settlements and the Israeli Government’s repeated disregard for international law are illegal. As hon. Members have stated, the Bill as it currently stands is in direct contravention of not just international law but United Nations resolutions.

Many of us fear the anti-democratic precedent the Bill will set. Effectively, if a human rights campaign does not enjoy the support of the Government, it will be criminalised for attempting to bring abuses to light. The Uyghurs in Xinjiang, the Rohingya in Burma, the Palestinians in the Occupied Palestinian Territories and the Kashmiris in Indian-occupied Kashmir—members of those communities, many of whom are resident in my constituency, have now had their fear doubled. Not only are they witnessing numerous human rights abuses in their countries of origin, they are now being silenced here, too. Indeed, until just recently the UK Government refused to approve sanctions against the Burmese military despite the horrific genocidal campaign it waged against the Rohingya, with Ministers declaring that they did not want to unbalance what existed of Burma’s democratic Government. Instead, it was left to other organisations and groups to lead the resistance against a genocide taking place while the UK Government looked on. The Government are in a better place on that issue today, but we are still left with the question of what happens if there is a return to the same form of democratic Government in Burma that existed before and which allowed the Rohingya genocide to take place. It is clear that Ministers will lift sanctions and force local authorities to do the same through the Bill, leaving the perpetrators of genocide able to escape justice and accountability for their grave crimes against humanity.

The impact the Bill will have on human rights in Indian-occupied Kashmir, where Kashmiris continue to face persecution, oppression and injustice is even more alarming, because it is in this region that UK foreign policy under this Tory Government is not only most unreliable but most spineless. Even as the Indian Government blatantly engage in violent, physical and psychological suppression of any resistance to the military occupation, however peaceful it may be, and seek to deter further opposition to their brutal rule by making an example of campaigners such as Yasin Malik, whose execution Indian prosecutors are now seeking, all the UK Government remain focused on is securing a trade deal with the right-wing Modi Government before the next general election. They could not even bring themselves to object to and boycott, as other countries did, the shameful decision to hold the G20 culture working group summit last month in Srinagar. In the absence of the UK Government stepping up to fulfil their historic, moral and international obligations to the region, it is once again left to local councils and public bodies to do what they can to protect human rights in Indian-occupied Kashmir by refusing to engage with those whose hands are stained with the blood of Kashmiris. Yet under the Bill the Government will put a stop to that and force public bodies to be party to human rights abuses because they think it is in the UK’s best foreign policy interests.

This rotten, unworkable and dangerous Bill is an alarming overreach of Government powers that breaks the UK’s international obligations and undermines efforts to protect our environment and fight climate change. It protects human rights abusers in countless nations and gags democratically elected local representatives. We cannot pick and choose which human rights abuses to act on and which to turn a blind eye to. Let me be clear: human rights are a universal obligation and a universal right. It is time the UK Government accepted that. I will therefore be standing up, as I always have done, for democracy, for our environment and for human rights by voting for today’s amendment that will reject the Bill.

Oral Answers to Questions

Imran Hussain Excerpts

Monday 7th March 2022 Commons Chamber

[Kemi Badenoch]

The Government do remain committed to stamping out anti-Muslim hatred and all forms of religious prejudice. I have had conversations with the hon. Gentleman and I am due to meet the all-party parliamentary group on British Muslims very shortly. We will outline our next steps in due course but we are actively working on this.

[Imran Hussain (Bradford East) (Lab)]

I have listened to the Minister, but the tragic reality is that Islamophobia is on the rise and is rife in our society today. If anyone is in any doubt, they should speak to the Muslim communities up and down this country who have to face this evil on a daily basis. How can my constituents have any confidence in a Government who cannot even tackle Islamophobia in their own ranks?

[Kemi Badenoch]

I completely reject the accusation made by the hon. Gentleman—it is completely untrue. We are doing everything we can to tackle not just anti-Muslim hatred but all forms of prejudice in our society. On this issue, we have supported Tell MAMA with just over £4 million between 2016 and 2022 to monitor and combat anti-Muslim hatred. Over the past five years of the places of worship grant scheme we have awarded 241 grants worth approximately £5 million to places of worship. In November 2020 we awarded £1.8 million through the Ministry of Housing, Communities and Local Government’s faith, race and hate crime grant scheme.

Levelling Up

Imran Hussain Excerpts

Wednesday 2nd February 2022 Commons Chamber

[Michael Gove]

I could not agree more. I have nothing against Leeds; I love Leeds. [Hon. Members: “That’s not what it says about you!”] My name is hymned by children in Leeds streets, I know. The serious point is that there is cultural investment in Kirklees, not least in Huddersfield, and my hon. Friend is absolutely right that more needs to be done for all the authorities in Kirklees and for the towns in West Yorkshire surrounding them.

[Imran Hussain (Bradford East) (Lab)]

The stark reality is that someone who lives in the inner city of Bradford is likely to live 10 years less than someone who lives in an affluent suburb. Although I accept that the Government plan commits to raising health and life expectancy, it does not go far enough. One of the issues is the top-down approach. I sincerely and constructively ask the Secretary of State to meet me to discuss transformative new proposals that are being put forward by local grassroots community groups in Bradford to change health inequalities and to address the real issue.

Definition of Islamophobia

Imran Hussain Excerpts

Thursday 9th September 2021 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

Thank you, Mrs Murray. My difficulty is that I cannot do any justice to this debate in two minutes, so please bear with me. I can certainly assure you that I will not take as long as the previous speaker.

I thank the hon. Member for Peterborough (Paul Bristow) and my hon. Friend the Member for Bradford West (Naz Shah) for securing this important and pertinent debate. I thank all individuals and campaign groups who bravely fight to raise awareness of Islamophobia and tackle it in our society on a daily basis. I also thank Bradford Council for Mosques, which this week celebrated a proud 40 years of serving our communities. I want to take this moment to commend its work, commitment and leadership, not just in Bradford but on a regional level.

Sadly, I cannot speak in this debate without feeling a deep sense of frustration and disappointment because, since we last debated this issue, Islamophobia has continued to run rife in our society. It has continued to blight our communities and, sadly, has not got any better. Indeed, the campaign group Tell MAMA last year reported that the UK had seen a rise of almost 700% in Islamophobic incidents. Let us take a minute just to take that in: a 700% rise. That is borne out by the sickening stories that people tell me of Muslim men, women and even children of all ages, in my constituency and across the country, who still face Islamophobic attacks and Islamophobic persecution on a daily basis, who are still subject to vile abuse because of their religion, and who are still told go home—even in the very town where they were born and raised.

It is a sad day when we have my hon. Friend the Member for Coventry South (Zarah Sultana) reduced to tears for merely trying to do her job. That my hon. Friend, as one of the youngest Members, has come here and told this House that she feels she is unable to carry out her job as a democratically elected Member of Parliament is shocking and disgusting. We must all hang our heads in shame over the appalling treatment of my hon. Friend and Members like her.

At the heart of the issue is the normalisation of Islamophobia in our society. I accept the definition; I will not get into debates about a definition. The reality is the vile poison that has spread. We have seen the creation of a culture that tells people that it is acceptable to discriminate against, to persecute, to abuse Muslims because everyone else seems to be doing it. It has spread because it has been actively promoted in the rhetoric espoused in the media, and by countless public figures who reinforce over and over again a false narrative that Muslims are dangerous, and second-class citizens in our society. It has spread because it has been pushed and endorsed even by our own politicians—even by the Prime Minister, who thinks it is okay to describe Muslim women as “letterboxes” and “bank robbers”—as well as by many others who are in the public eye, talking down Muslims, treating us as a policing and social problem and promoting divisive policies that disproportionately target Muslims, such as Prevent. It has spread because society has normalised it, and that is the real problem.

Indeed, the normalisation of Islamophobia has now reached the point where it has become so commonplace and trivialised that, even if we do not see an active discrimination against Muslims that manifests in the most extreme way as violence and a vitriolic hatred by racists and bigots, we still experience a bias against us that sees Muslims denied employment opportunities, taken less seriously, and talked down to, because it has now become so endemic and so institutionalised that it has become subconscious discrimination. This normalisation is therefore as big a threat as the far right, because it creates an atmosphere on which far-right thugs and fascists feed—an environment in which they feel welcome, and in which bigoted Islamophobia can flourish unchallenged.

Mrs Murray, I am looking at the clock. I have a lot to say, but I will cut it short because of your request. The last thing I will say is this. If we are serious about tackling Islamophobia—this is where I agree with the point made earlier—we must move on from discussing the definition. We have spent the last two years talking about a definition, but that has not stopped Islamophobia. The point is that we need a definition in legislation. At the moment when these matters go to judges in courtrooms, they are not obliged to take it into account; it is a mitigating factor that they may take into account if they so wish. We need to legislate against this, which was the point made earlier by the hon. Member for Peterborough. We must stop talking and start acting—acting to stop religiously and racially motivated hate through legislation and acting, as a society, to challenge and tackle the vile and appalling normalisation of Islamophobia.

[Mrs Sheryll Murray (in the Chair)]

You have three minutes, Afzal Khan.

--- Later in debate ---

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a great pleasure to serve under your chairmanship, Mrs Murray. I congratulate the hon. Member for Peterborough (Paul Bristow) and my hon. Friend the Member for Bradford West (Naz Shah) on obtaining this urgent and timely debate. I thank all colleagues who have spoken. It has been a sterling debate. I particularly want to touch on what my hon. Friend the Member for Coventry South (Zarah Sultana) was saying. I do not know if it will help her, but many of us Muslim women have been abused in a similar format. I have had emails and messages on social media saying that I am, and I quote, words beginning with “f” and “b”, and that I should be sent off to Saudi Arabia to be raped. There are all kinds of interesting words being used and letters written. That does not help, but I hope that she understands.

Islamophobia has been rising in this country and in the western world at a very disturbing rate in recent years. Despite this, as we have heard today, there is still no accepted definition of Islamophobia. There are three million Muslims in the UK—almost 5% of our overall population. Despite Muslims having been present in this country as far back as the 16th century, many believe they are treated as the other. Islamophobia permeates all domains of our society. It threatens education, limits employment prospects and impacts everyday issues, including health, wellbeing and housing.

It is time that we finally address the issue. In 2019, the all-party parliamentary group on British Muslims worked tirelessly to create a definition of Islamophobia that was widely applauded and supported by over 750 organisations. As was mentioned, the definition has been adopted by the Labour party, the Liberal Democrats, Plaid Cymru, the Scottish National party, the Mayor of London and the Mayor of Greater Manchester. It has been debated in this House and has received cross-party support, so it is disappointing that two years later, we are still urging the Government to do the right thing. That is an absolute denial from this Government. To add insult to injury, they cannot even bring themselves to use the term “Islamophobia”.

In May, the Singh report, resulting from an independent investigation into the handling of Islamophobia by the Conservative party, was published. It was a damning indictment of the discrimination rife in the party. It found that Islamophobia is a serious issue for it, and that the concerns had too easily been denied or dismissed. Indeed, it even looked at the Prime Minister’s comments about women wearing burqas looking like “letterboxes” and “bank robbers”, which we have heard a lot about. It found that Islamophobic incidents of hate rose by 375% in the week after the Prime Minister made those comments. The report called for the party leadership to publish an action plan to set out how it will tackle the failings it found. Will the Minister today acknowledge the scale of the problem? Will he update us on the progress his party has made on the action plan and the new code of conduct?

In my party, I pay tribute to the work of the Labour Muslim Network, which brought to our attention its findings and concerns about Islamophobia. Unlike the leadership of the Conservative party, we are seriously committed to tackling and eradicating Islamophobia, both in our party and in society.

We are often told by critics of the APPG’s definition that it should not imply that some Islamophobia is rooted in racism, yet the evidence says otherwise. Last year, the largest number of referrals to the Government Prevent programme related to far-right extremism. Indeed, the Security Minister warned that far-right terror poses a growing threat, and we all know the consequences of that ideology.

A recent report by Hope Not Hate found that Islamophobia has become the driving force behind the rise of far-right movements in the UK, and that anti-Muslim prejudice has replaced immigration as the key driver of such groups. A poll found that 35% of Britons think that Islam is generally a threat to the British way of life. We see this happening globally, and particularly in western Europe, where there has been a rise of far-right political parties and discriminatory laws passed in France and other countries. Earlier this year, a UN expert concluded at the UN Human Rights Council that Islamophobia has reached epidemic proportions globally, and that Muslims are often targeted because of visible characteristics, such as names, skin colour and clothing.

Many, including this Government, argue that Muslims are not a race. Of course they are not a race, but they are racialised when they are treated as having characteristics that mark them as wholly different. The question when it comes to racism is whether there is a set of attitudes and behaviours that are socially widespread and used to justify discrimination against a particular group. That is why it makes sense to call antisemitism and Islamophobia forms of racism.

I am the chair of the APPG on religion in the media, and last year we conducted an inquiry on religious literacy in the British media. Our report found that media reporting can be sensationalist, and that it reinforces stereotypes and contributes towards discriminatory attitudes. Headlines such as “1 in 5 Brit Muslims’ sympathy for jihadis” and references to “Muslim problems” have real-world consequences. Of course, journalists should be able to question and criticise religion—we live in a democracy that values freedom of speech—but this is about not censorship but transparency. We ask the Government to consider looking at press regulation, because the current system of self-regulation is not working.

Does the Minister at least accept the inescapable reality, which is that Islamophobia has damaging consequences for the life chances of and equalities enjoyed by British Muslim communities? There are people in the UK who are scared to leave their home for fear of verbal or physical attacks. People have withdrawn from public services, with devastating knock-on consequences for their health and education. They feel like outsiders in their own country. That should shame us all.

Last year, in the other place, when the Government were asked about the progress that they had made on adopting a definition, they said that the definition proposed by the APPG was not compatible with the Equality Act 2010, which treats race and religion separately, and

“could have consequences for freedom of speech.”—[Official Report, House of Lords, 13 February 2020; Vol. 801, c. 2337.]

Can the Minister tell us whether he or the Government have published for public scrutiny any evidence regarding the legal advice that suggests that the APPG definition is incompatible with the Act? It has been repeatedly noted by experts that the working definition of Islamophobia is not legally binding, and therefore presents no challenges to statute, which takes legal precedence. I ask the Minister not to revert to the predictable, rehearsed responses and platitudes that we have heard from the Government. Each time they do that, they show their disdain for the British Muslim community.

In this debate, the ask is simple: adopt this definition, which has been accepted by cross-party MPs, national groups and hundreds of organisations. In some respects, I agree with my hon. Friend the Member for Birmingham, Perry Barr (Mr Mahmood). We need a definition because it will be a starting point for addressing the real issue of Islamophobia that we face in this country. Islamophobia is rising not just in the United Kingdom but in France, Austria and other parts of the western world. Muslims are being treated as though they are fifth columnists—as though they do not belong in this society.

I referred to our inquiries on media coverage. I do not want to restrict free speech—I am sure nobody here wants to—but we ask the Government to look at cases in which the newspapers and others publish pure lies. There is a difference between covering something and carrying blatant lies, like the story about one in five Muslims having sympathy for Isis, or The Sunday Times coverage of a Muslim family who had adopted a child in the east end of London, which turned out to be completely made up.

Those kinds of stories cause people to view Muslims with suspicion and lead to hatred towards Muslims. Let us face it: a lot of people will probably never meet a Muslim in their life, and their understanding of what a Muslim is comes from what they read in the newspaper or watch on the television. Therefore what our media, social media, press and others say is an important part of this debate.

[Imran Hussain]

My hon. Friend makes a really valuable and pertinent point. Does she agree that the situation is far worse than that? We see Islamophobic tropes increasing under the guise of freedom of speech. Would she agree that freedom of speech is not an absolute right? It does not give you a right to promote hatred, and it certainly does not give you a carte-blanche right to attack Muslims.

[Mrs Sheryll Murray (in the Chair)]

Order. Will the hon. Lady sum up now?

Draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Imran Hussain Excerpts

Wednesday 28th April 2021 General Committees

[Imran Hussain (Bradford East) (Lab)]

It is, as always, a pleasure to serve under your chairmanship, Mr Davies. I start by paying tribute to the campaigning and work of the Independent Workers Union of Great Britain, as acknowledged by the Minister. It has been instrumental to the introduction of this amendment to the Employment Rights Act through its legal challenge on behalf of thousands of members in insecure work and the gig economy.

It was only through the IWGB’s work that these vital fundamental employment rights that most employees take for granted have been extended to limb (b) workers and those in the gig economy, because without the High Court ruling in the union’s favour, it is extremely doubtful that the Government would implemented this extension. Indeed, the Secretaries of State for BEIS and for Work and Pensions challenged the IWGB’s case in the High Court instead of extending the rights that should be afforded to workers under EU directives, as agreed under the withdrawal agreement, only to be defeated. As a result of the challenge and the delay that it created between concerns first being raised by the IWGB at the start of the pandemic and the High Court’s ruling in November 2020, many months have been lost in which the protections could have been extended, leaving working people without adequate rights or protections regarding health and safety matters during the height of the coronavirus pandemic.

The pandemic has been devastating for all, but particularly for those in insecure work and the gig economy, who do not share the same employment rights as those with employee status, to which the Minister alluded. For months they continued to work because they had no rights to fall back on and because they needed to work in order to make enough to get by, often putting in long hours in public-facing roles or jobs that brought them into contact with large numbers of people. According to the TUC, covid-19 mortality rates were twice as high for these workers than for those in secure employment.

Today is International Workers’ Memorial Day, on which we remember all those who have lost their lives in the workplace or in the course of their job, and it is worth noting that the Government have acted far too slowly to protect many thousands of workers in insecure work and in the gig economy.

This instrument clearly demonstrates once more just how much we need a new employment rights settlement that provides a clear universal definition of employment status, which the latest Labour manifesto called for, so that employment rights are afforded to all workers from day one and that the bogus self-employment that is used by many employers in the gig economy to exploit their workforces can be brought to an end. A universal definition would give certainty, security and stability to working people at a time when insecure, precarious employment runs rampant in our economy unchecked by this Government, who are happy to let the courts step in to deliver justice for working people rather than taking action themselves. Such a definition would strengthen people’s rights at work.

Despite being promised well over a year ago in 2019 Queen’s Speech, the long-awaited, much-delayed employment rights Bill is yet to materialise. It seems trapped in a permanent state of “in due course” according to official responses from this Minister and others. Such a Bill would offer us the chance to deliver a real, positive change and strengthen workers’ rights. It would allow us to correct the inconsistencies and injustices that the IWGB and others have highlighted. The Minister should be able to commit to its inclusion in next month’s Queen’s Speech, and I hope he acknowledges that today.

In conclusion, we support this instrument today, but we lament the Government’s decision to challenge the matter in the High Court and the length of time it has taken them to correct this injustice—a delay which will have cost the lives of many workers during the covid-19 pandemic. I urge the Minister to ensure that the Government introduce their promised instrument relating to the PPE directive—I hope that it is not also left in a state of “in due course”—and, hopefully, a robust employment rights Bill without delay.

Fire and Rehire

Imran Hussain Excerpts

Tuesday 27th April 2021 Westminster Hall

[Imran Hussain (Bradford East) (Lab)]

It is, of course, a pleasure to serve with you in the Chair, Mrs Murray. I declare my interest as a member of Unite, GMB and Unison.

I join other hon. Members in thanking my hon. Friend the Member for Jarrow (Kate Osborne) for securing this important debate on fire and rehire tactics and for the timely manner in which she has done so, with the outrageous firing of hundreds of British Gas employees earlier this month, just because they refused to be bullied by management into signing contracts that put them on worse pay, and worse terms and conditions. My hon. Friend spoke passionately about that case and the abusive bullying behaviour of British Gas’s management. She made a sound contribution that delivered a strong defence of workers’ rights and the protections that should be afforded to them, but which sadly this Government have denied them. My only regret is that we are having to have this debate following this mass firing at British Gas because the Government would not step in when they should have properly done so.

I thank my hon. Friends for their passionate contributions. Let us be honest: the point has been made that it is only Members on the Opposition side who have contributed because the Government could not even convince their own Back Benchers to turn up to defend the fire and rehire tactics that have become endemic on their watch. There is not only the cases of their own constituents who have faced fire and rehire tactics, but the use of these tactics by major companies that have continued to make a profit throughout the pandemic.

We must remember that fire and rehire tactics are not a new phenomenon, a point that has been made in this debate. They had been around long before the coronavirus pandemic. However, the increasingly precarious nature of our economy and the Government’s refusal to do anything about it, along with the uncertainty created by the pandemic, have given unscrupulous employers the cover they need. Let us be clear: the employers making use of these frankly deplorable tactics are unscrupulous—there are simply no two ways about it.

Under the threat of permanent dismissal at a time when the jobs market could not be more challenging, these unscrupulous employers are bullying their staff into signing away their original contract. They are bullying them into signing a replacement contract where pay is lower, rights are weaker and conditions less favourable, and they are shoving those inferior contracts down the throats of their workers, who know full well that they cannot refuse without being fired for good, as we saw at British Gas.

Despite that despicable behaviour, and the fact that such shameful tactics amount to nothing more than legalised blackmail of staff by employers, fire and rehire inexplicably remains perfectly legal under the Government, and big businesses such as Tesco and the coffee giant Douwe Egberts, which have seen rising profits during the lockdown, are continuing shamelessly to use them.

As a result, those who cannot stand up to their employers and have to begrudgingly accept the new contracts face incredible hardship, going from a job that often comfortably supported them and their families to now being forced to rely on food banks, handouts and social security to make ends meet. Indeed, we all saw the heart-breaking stories during the industrial action taken by GMB members at British Gas where engineers made it clear that they were not striking for themselves but for the young children they needed to support. Fire and rehire tactics do not just leave workers worse off; they leave their families worse off too.

However, fire and rehire tactics are not just bad for working people, who are told to work harder but at the same time paid less; they are bad for our economy too. By being able to change contracts on a whim, fire and rehire tactics are allowing bad employers to thrive and get ahead, cutting wages even at a time when many of them are making bumper profits because of the lockdown. As a result, good employers that look after their staff, pay them good wages and offer favourable conditions are being squeezed out, unable to compete with the bad employers. That is hardly the positive example of levelling up or building back better, as the Prime Minister has pledged time and again. That is why the Labour party, the trade unions and working people up and down the country have been calling on the Government to step in and act, to deliver the legislation that will bring a final, definitive end to the use of fire and rehire tactics for good, just as has been done in Ireland and Spain, as we have heard.

Instead of outlawing fire and rehire, all the Government have been able to offer are warm words and consultation—a point that has been made by a number of hon. Members. Warm words, however, do not pay bills, keep roofs over people’s head or put food on the table. As we saw at British Gas, warm words do not keep people in employment. The consultation that the Government have commissioned with ACAS still has not been published weeks after reporting back to base, with findings reportedly still being considered. I say to the Minister that this is not difficult. The findings and recommendations of the ACAS consultation are obvious for all: fire and rehire is bad for everyone. The Government should ban it, so why are they dragging their feet and what are they waiting for?

Last week, the Prime Minister spoke of dropping a “legislative bomb” to stop the European football super league, so they can act when they want to. However, he cannot even muster as much as a legislative firecracker to stop fire and rehire. Only last Wednesday, in response to my hon. Friend the Member for Liverpool, Riverside (Kim Johnson) during Prime Minister’s questions, the Prime Minister could not even remember the GMB dispute with British Gas and the mass firing of workers who refused to be bullied. No one should ever try to tell us that this Prime Minister is in touch with working people.

Instead of the Government looking out for employment rights, it has again fallen to trade unions to protect working people and to oppose bully-boy tactics. Unite secured a resolution of the dispute with British Airways and continues to oppose Go North West’s buses plans, and the GMB had a valiant fight to protect jobs and livelihoods at British Gas, but their job is made harder by the fact that the Government will not step in to help them by giving the vital legal backing that they need.

The use of fire-and-rehire tactics by unscrupulous employers is a stain on our economy. The contributions made by hon. Members during this important debate make one thing clear: we cannot just temporarily stop the use of fire-and-rehire tactics during this pandemic; we need to end them for good. To that end, the Government must introduce proper legislation, backed by real enforcement, before it is too late—before we see another big bully-boy employer such as British Gas lay off staff and impose new contracts, dismissing the rest who refuse to be bullied.

The Minister must confirm, as I hope he will and as we have called for, that the Government will bring forward such a measure as a matter of priority in the long-awaited and much-delayed employment Bill in next month’s Queen’s Speech. If he does not give a proper response today and resorts to a wishy-washy one—frankly, a trademark of this Government—the consequences for every worker who has been blackmailed and bullied, every family forced to turn to food banks, and every child forced into poverty, will land firmly at his Government’s doors.

[Mrs Sheryll Murray (in the Chair)]

Minister, will you leave a couple of minutes at the end for the person in charge of the debate to conclude?