Shared Parental Leave and Pay (Bereavement) Bill

Debate between James Daly and Kevin Hollinrake

2nd reading
Friday 26th January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

May I first thank the hon. Member for Ogmore (Chris Elmore) for bringing the Bill before the House, and all the other hon. Members who have spoken on this important matter today? He has been incredibly constructive and pragmatic in our deliberations on what we should do in this area, and I thank him for that. It is always a pleasure to work with him on this issue, and we have worked together on a number of issues over the years.

I would like to express my wholehearted agreement with the intent behind the hon. Member’s Bill. His speech was incredibly touching and he spoke passionately about the need for the Bill, but also about the devastating impact on individuals. His point about the future plans of one’s life suddenly going to ashes was incredibly powerful, and I express my sympathy for Mr Thorpe, whom he referred to in his speech.

It is always a great pleasure to take forward legislation that makes a meaningful difference. I was lucky enough to take through Parliament two private Member’s Bills prior to becoming a Minister. One was on parental bereavement leave, and people asked, “Why does this not exist in the first place?” When people say that to us, as I am sure they have said to the hon. Member about his Bill, we know we are on the right track. In my experience, we normally do not do these things on our own—we do them jointly—and his work with my hon. Friend the Member for Broxtowe (Darren Henry) has been really important in bringing the Bill forward.

It is clear that we should look at what more we can do to support employed parents who lose their partner around the time of their child’s birth and who do not currently qualify for statutory leave entitlement because they do not meet continuity of service requirements—that is, they have not been in the job for the required length of time to qualify. The principle of this Bill has support across the House, and I was pleased to hear that reflected in the debate.

Again, I thank my hon. Friend the Member for Broxtowe, who has long campaigned on this issue. We met his constituent in my early days as a Minister, and I thank him for bringing it to the House’s attention. We were always keen to do something when we could, and I am delighted to say that we now have the right time and space to do this. It was a pleasure to meet him and his constituent Mr Horsey, who is in the Gallery today, in the Department the year before last. I am sure the whole House will join me in expressing our condolences to Mr Horsey for the loss of his wife Bernadette and in sending our best wishes to him and their son Tim.

I will take the time to address some of the points raised by hon. Members today, but I will first put on the record why the Government support the intent behind this legislation. Losing a partner is a truly devastating experience for anyone. The combination of the terrible grief and, as my hon. Friend the Member for Congleton (Fiona Bruce) said, loneliness in these situations—the shadow Minister, the hon. Member for Harrow West (Gareth Thomas), called it “unimaginable”, which is an apt description—with the challenges of caring for a new baby must be incredibly hard. My deepest sympathies go out to anyone who finds themselves in this terrible position.

The United Kingdom has a generous range of entitlements and protections designed to support parents to balance their family and work commitments and maintain their place in the labour market while raising their children—for example, maternity leave and pay, paternity leave and pay, and shared parental leave and pay, among others. Maternity leave is rightly available from the first day of a woman’s employment, recognising the special circumstances of pregnant women and new mothers.

Parental leave and shared parental leave are not day-one leave entitlements for mothers, fathers and partners; all parents must meet continuity of service requirements. As such, if a mother dies in the first year of a child’s life, a father or partner who has not met continuity of service requirements for paternity leave or shared parental leave will not have the statutory right to take leave so that they can care for the child. In those tragic but, thankfully, rare circumstances, they will need to rely on the compassion of their employer to provide them with adequate leave and job security. As the hon. Member for Ogmore says, though, some of these people are falling through the cracks.

The intent of the Bill is to provide more support for the grieving and surviving parent when their spouse or partner has tragically passed away. The legislation will support people in those terrible circumstances to take time away from work to care for their new baby, without the risk and associated stress of being made to return to work before they are ready to do so. I am delighted that the Government are able to support this positive development in the parental leave and pay system.

However, as is the case with any legislation, it is crucial to ensure that it is not only well intentioned, but practical and effective in achieving its intended effect. It is therefore important that I set out to the House today, as I have previously discussed with the hon. Member for Ogmore, the Government’s view that the Bill will require amendment in Committee to fully achieve its intended changes and operate effectively alongside existing parental leave legislation. I am delighted that the hon. Member has agreed to work with me to do that, and that we have a shared understanding of the need to create a legislative framework that not only supports families in their time of need, but does so in a way that is clear, fair and effective. Committee stage provides us with the opportunity to fine-tune the details of the Bill and address any potential gaps, issues or inconsistencies to ensure that it achieves its intended purpose. I will, of course, provide more information on the necessary changes ahead of Committee stage, but I will take a moment to highlight some of the areas in which we are considering amendments.

First, we will need to consider what type of parental leave best meets the intention of the Bill. Secondly, we will need to analyse whether it is right to confine its scope to the death of the mother, or whether it should make broader provision for the death of other parents. Thirdly, we need to make sure that the changes we make integrate well into the wider framework of parental leave legislation. Finally, we intend to remove the pay element from this entitlement—I will explain why shortly. The hon. Member for Ogmore and I are in agreement on the removal of the pay element. As Members will have seen, the text of his Bill does not refer to pay, although I hear and understand his clear ambition to include it at a future stage. I concur with his point, though, that we should never let the perfect be the enemy of the good.

All the UK’s statutory parental pay entitlements have a continuity of service requirement, including statutory maternity pay, statutory paternity pay, statutory shared parental pay and statutory adoption pay. They are designed to ensure that a parent has made a reasonable contribution towards their employer’s business before that employer is required to administer statutory parental payments. Continuity of service requirements are designed to achieve a balance between the needs of employers and those of working parents.

I will be able to give more details in Committee on the changes we intend to make to the Bill. In the spirit of collaboration, I encourage all Members to engage constructively in Committee. Our priority is to work together to deliver a piece of legislation that meets the needs of bereaved families, providing them with the support they require during one of life’s most challenging chapters.

In response to the shadow Minister’s points about workers’ rights, the Government are committed to supporting the participation and progression of parents in the labour market to ensure that it is fair and works for parents. Our 2019 manifesto pledged changes to enhance workers’ rights and support people to stay in work. The Government have delivered on those commitments by supporting a package of six private Members’ Bills helping new parents, unpaid carers and hospitality workers; giving all employees easier access to flexible working; and giving workers a right to request a more predictable working pattern. We have been pleased with the successful progress of that legislation through Parliament, where it has received cross-party support, resulting in six Acts successfully receiving Royal Assent. The Government have already made good progress on laying secondary legislation in due course to implement those new Acts.

The Employment Relations (Flexible Working) Act 2023, for example, will give all employees with 26 weeks’ continuous service the right to request flexible working, empowering employees to ask for a working arrangement that suits them and their unique circumstances.

I take the point raised by my hon. Friend the Member for Bury North (James Daly) about homeworking. Flexible working does not necessarily mean homeworking; it can mean different working times to suit people’s parental responsibilities—for example, different times during holidays—and it does not necessarily mean that people have to work from home. He is right to say that workers should work where they are most effective, and where employers require them to be.

The Protections from Redundancy (Pregnancy and Family Leave) Act 2023 will provide greater protection to women who are on maternity leave or an employee who is on adoption or shared parental leave in a redundancy situation. That legislation will help to clamp down on poor or inappropriate practices, such as discriminating against pregnant women or new mothers, or waiting for a woman to return from maternity leave, and when the current protected period ends making her redundant.

The Employment (Allocations of Tips) Act 2023 will make it unlawful for businesses to hold back tips, gratuities and service charges from employees, ensuring that staff receive the tips they have earned. This package of legislation will increase workforce participation, protect vulnerable workers, and level the playing field, ensuring that unscrupulous businesses do not have a competitive advantage. The legislation builds on the strengths of our flexible and dynamic labour market, and gives businesses the confidence to create jobs and invest in their workforce, allowing them to generate long-term prosperity and economic growth.

Protecting and enhancing workers’ rights while supporting business to grow remains a priority for this Government. We are determined to build a high-skilled, high-productivity, high-wage economy. A key part of the UK’s economic resilience is our strong, flexible, and dynamic labour market. It is a labour market that gives businesses the confidence to create jobs and invest in their workforce, and allows them to generate long-term prosperity and economic growth. It is a labour market that rightly bears down on unscrupulous employers, and protects those keeping to good working practices, promoting more competition in UK markets to build a high-skilled, high-productivity, high-wage economy.

[James Daly]

Does my hon. Friend agree with the point I raised my speech, that we should not denigrate employers? Most employers in this country support their staff, are keen to invest in skills to improve productivity, and are keen to ensure that they take whatever steps necessary to keep employees who are key to the future of the business, no matter what personal circumstances someone is facing at that time.

[Kevin Hollinrake]

My hon. Friend has great experience, and it is great to hear from people with experience at the sharp end of business. It is not an easy place to be. I had a fairly long business career myself for 30 years before politics, and we know that people are our most precious assets. It is good business to look after our workforce, not only because of the individuals concerned and the loyalty that brings, but because of the loyalty of other members of the team when they see how someone is treating their staff. It is important to recognise that what we are legislating for is not a ceiling, but a floor. It is a minimum period of leave that people can be offered, and of course the minimum level of pay. Clearly an employer can pay more than that expected by law, and I know that many employers do so. I understand that Mr Horsey was well treated by his employer. That illustrates that most employers are good employers, and we in the House should always recognise that when we are legislating. We want a labour market that promotes competition and choice, so that consumers have confidence in markets, and businesses compete on a level playing field.

Turning to the specific points, the hon. Member for Ogmore raised a point about the numbers of people affected. Maternal deaths—the number of people who pass away during pregnancy or within 42 days of that—are around 290, as he said. Some will have continuity of service requirements. We therefore think that this legislation will benefit just under 50 people a year. That is our best guesstimate, because there are so many different moving parts, but that is the kind of number we are talking about. That is not a huge number, but the legislation is very important to those affected by it.

I noted the hon. Member’s points principally about pay. It is a first step on the road, but it is a very important step, and future Governments—of whatever colour they may be—may go further. He also raised the complexity and take-up of shared parental leave. Take-up is in line with estimates and has doubled over the past few years. In July 2021, the shared parental leave tool was deployed. The tool enables parents to check their eligibility and plan their leave, and it has been well received. I think that also covers the point raised by the shadow Minister, the hon. Member for Harrow West.

The hon. Member for Ogmore also asked why parents with other employment statuses, such as the self-employed, are not entitled to this support. The Government’s support is focused on employed parents, as they do not generally have the same level of flexibility and autonomy over how and when they work as self-employed parents. Employees have a contractual requirement to work regular hours and have an employer who has control over when they work, where they work and how their work is done. Due to that, employees have the greatest level of employment protections, to balance the lack of flexibility that their employment type provides in other ways.

My hon. Friend the Member for Bury North talked in his intervention and his speech about the burdens on business. Obviously, all legislation should include an impact assessment, including a financial impact assessment on business. The impact assessment result was de minimis—I think that is below £5 million, which is not a significant impact. We therefore do not think that the changes will create a significant burden on businesses. We have engaged with business representative organisations and payroll professionals throughout the policy development of these changes. They have responded positively and understand how the changes will increase flexibility for families. We are working with His Majesty’s Revenue and Customs to plan communications with businesses to ensure that they fully understand the new arrangements, and we will continue to engage with them while we finalise guidance to ensure the smooth introduction of these changes.

My hon. Friend the Member for Congleton rightly talked about the UK Commission on Bereavement and the important work that it does. She also referred to a cross-departmental bereavement strategy, which may include bereavement counselling for people in key situations. That is a little outside my remit, but she may continue to press for that across Government.

Whistleblowing Awareness Week

Debate between James Daly and Kevin Hollinrake

Thursday 23rd March 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

It is a pleasure to serve with you in the Chair, Ms McDonagh. I thank my hon. Friend the Member for Cheadle (Mary Robinson) for all the work that she does on the all-party group. As she rightly points out, I was formerly the co-chair with her on that group. We can sometimes move from a Back-Bench position where we speak about an issue that we feel strongly about, and then we can be put in a ministerial position that covers that brief, but I can reassure Members that I am as ambitious as ever to make sure we get the right reforms for whistleblowing.

My hon. Friend had a reception, which I was pleased to attend. She has had a number of events this week, and I pay tribute to her for her work in drawing attention to the importance of whistleblowers for our society. Whistleblowers are clearly the eyes and ears of our organisations, in terms of potential wrongdoing. As my hon. Friend knows, I have had a number of experiences with constituents. Ian Foxley blew the whistle on GPT Special Project Management, and did an incredible job. Paul Moore blew the whistle at HBOS prior to its financial distress and collapse. Sally Masterton was the whistleblower of the HBOS Reading scandal, which took five years to reach court, where she was vindicated for her statements.

The hon. Member for Feltham and Heston (Seema Malhotra) referenced Danske Bank, and the £234 billion of money laundering. She is right to talk about some of the UK corporate vehicles used for that. We are working together on the Economic Crime and Corporate Transparency Bill to tighten up the opportunities people have to use those vehicles. One of the biggest scandals in that case was Danske Bank allowing that to happen on its watch. Howard Wilkinson was the whistleblower; the £234 billion of Russian money washing through Danske Bank in Estonia resulted in a $2 billion fine from the US authorities.

According to the statistics, 43% of economic crimes are highlighted by whistleblowers, but in my experience, and as my hon. Friend the Member for Cheadle stated, it is much higher than that. Every case of economic crime I have dealt with has come from a whistleblower, and I pay tribute to them. It is not just financial crime; my hon. Friend the Member for Bury North (James Daly) highlighted issues with the Met police, which might have been brought to light much sooner if people had felt more confident about the whistleblowing framework. My hon. Friend the Member for Erewash (Maggie Throup) talked about Winterbourne View; that also might have come to light much sooner, with people being brought to justice much sooner, if people had more confidence.

It is right that we seek to more effectively protect and compensate whistleblowers for doing the right thing. It is excellent that we have so many top-quality parliamentarians in this debate who will throw their weight behind the campaign for change. I am keen to do so too.

Our whistleblowing framework was introduced through the Public Interest Disclosure Act 1998. It was intended to build openness and trust in workplaces by ensuring that workers can hold their employers to account, and are then treated fairly. It provides a route for workers to make disclosures of wrongdoing, including criminal offences, the endangerment of health and safety, causing damage to the environment, a miscarriage of justice, or a breach of any legal obligation. Disclosures usually need to be made to the employer, a lawyer or a prescribed person. Workers who believe they have been dismissed or otherwise detrimentally treated for making a protected disclosure can make a claim to an employment tribunal, which can award unlimited compensation.

Workers are often the first people to witness any type of wrongdoing within an organisation. Information that workers may uncover could prevent wrongdoing that may damage an organisation’s reputation or performance, and, in extreme circumstances, even save people from harm or death. In relation to whistleblowing protections, the standard employment law definition of a worker has been extended, and includes a wide range of employment relationships, such as agency workers; individuals under -taking work experience; self-employed doctors, dentists and pharmacists in the NHS; job applicants in the health sector; police officers; and student nurses and student midwives.

I fully understand that there are people who are not protected by the current legislation. Indeed, Ian Foxley was not covered by the legislation, and suffered hundreds of thousands of pounds of detriment for blowing the whistle. He spent 11 years without any employment, and he was a well-paid contractor prior to that time.

[James Daly]

What does the Minister mean by protected?

[Kevin Hollinrake]

Protected from detriment. In Ian Foxley’s case, he feared for his life. It could be detriment in terms of loss of employment. There are a number of different detriments. Both protection and compensation should be fairly made.

--- Later in debate ---

[James Daly]

As my hon. Friend the Member for Cheadle (Mary Robinson) said, there is a 4% success rate at employment tribunal. Those protections do not seem to be translating into ones that are enforceable in an employment tribunal, which is the problem.

[Kevin Hollinrake]

I will come on to what we are trying to do to make the legislation more effective. Do I think the legislation is where it needs to be today? No, I do not. That is the case for the changes we need to make. We need to look at all the different evidential points to ensure we move to the right place. Ian Foxley was a contractor, which is why he did not have the opportunity to get compensation in his case.

The SNP spokesman, the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) made a good point about volunteers. They may also be the eyes and ears we need. He made the alarming point that people who blow the whistle could lose everything, which all of us should take into account. People who clearly do not feel they will be properly protected or properly compensated should feel more assured that they will.

My right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton) pointed to the fact that the legislation was implemented 25 years ago by one of her predecessors. To give some reassurance, since the introduction of that legislation, the Government have continued to strengthen some of its provisions using non-legislative and legislative measures. We have produced guidance for whistleblowers and prescribed persons, as well as guidance and a code of practice for employers. We have produced guidance on how whistleblowers can make disclosures.

In 2017, we introduced a new requirement for most prescribed persons to produce an annual report on whistleblowing disclosures made to them. That duty is a direct response to concerns about the lack of transparency surrounding how disclosures were being handled. Most prescribed persons are now required to report on the number of disclosures, state whether they decided to take further action and give a summary of any action taken. We have also expanded the list of prescribed persons—the individuals and bodies to whom a worker can blow the whistle. In December 2022, I took forward some legislation to add six new bodies and all Members of the Scottish Parliament to the prescribed persons order. We continue to welcome proposals for appropriate additions to that order.