Zero-hours Contracts

Jim Shannon Excerpts

Wednesday 16th October 2013 Commons Chamber

[Vince Cable]

It could be, but I know from my interaction with them that setting the minimum wage is a complicated enough issue in itself, but I will certainly bear the suggestion in mind.

[Jim Shannon (Strangford) (DUP)]

Will the right hon. Gentleman give way?

[Vince Cable]

I will enumerate a few more points and then take further interventions.

Exclusivity is a serious issue. The second point, which I think one or two Labour Members have been trying to make, is that there are cases where the simple lack of predictability is damaging for families trying to manage their personal finances responsibly, especially those who are employed on a regular basis for a long period of time and are then, in the jargon, zeroed down. A problem would flow from that. Then there are people who are on zero-hours contracts for many years and for whom it becomes a way of life. There may be good sectoral reasons for it, but in some cases it is a way of keeping them out of regular employment with the various obligations that are attached to it. In our gathering of evidence, we have encountered two specific instances. There are people who sign up to a zero-hours contract in good faith, because it gives them and the employer flexibility, but they then take advantage of their right to reject work and are discarded because they are allegedly inflexible, defeating the whole purpose of the contract in the first place. We found that other people were indeed pressurised into taking zero-hours contracts against their better judgment and against their preference. All those things happen, and they must be weighed against the undoubted advantages that some individuals and some industries gain from having the option to make such arrangements.

[Jim Shannon]

At a time of economic squeeze, when those who tender or apply for contracts find that their prices must be lower, they are forced to apply the minimum wage and to restrict working hours, and that has an impact on those who are on zero-hours contracts. Does the Secretary of State feel that the Government have a duty to ensure that the tender process gives workers rights, whether it takes place at Government level, at council level or at regional level?

[Vince Cable]

The hon. Gentleman is right to view the matter in that broader context. Several Members, including the hon. Member for Streatham, have already given the example of domiciliary visits in the care sector. I have encountered cases in my constituency involving people whose working conditions are very poor, who are on zero-hours contracts, whose pay is very low, and for whom there is no chance of progression. When we dig into such cases, as I did on one occasion, we may discover that the companies concerned are not profit-making companies but charities, and that the real cause of the problem is the very poor price at which they took the contract. The origin of the problem therefore lies in local government. The zero-hours contracts and, indeed, the minimum wage issues are symptoms rather than causes.

Let me list some of the matters that we will be considering in the consultation, and explain how we will approach them. It is important for us not to close down options. First, there is the issue of exclusivity. We could do nothing, and rely on existing law; we could ban it; or we could provide effective information and guidance requiring employers to justify it. A number of legal interventions are possible.

Secondly, we must consider the cases of people who are employed on zero-hours contracts for very long periods when they do not choose to be. Should we introduce a system requiring employers to offer permanent employment at some stage?

Thirdly—and probably most important—there is the issue of transparency. We can argue in favour of fairness, and we can also argue that, for the economic purposes of a flexible labour market, if rational people know what they are doing, that is a considerable improvement. The problem that we have discovered, and to which many Members have already referred, is that when people accept a job offer they are often not clear about the obligations and limitations that are involved. Should we introduce a code of conduct requiring proper transparency and information? Should it be voluntary, should it be a Leveson-style code with statutory underpinning, or should it be controlled by a stronger sanction-based body? We have a range of options, and we will view them with an open mind and act accordingly.