Employment Rights Bill

Jo White Excerpts
Chris Law Portrait Chris Law
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I thank the hon. Member for Luton North (Sarah Owen) for her brave and personal testimony, and for sharing the testimonies of many others on the importance of bereavement leave.

Let me begin by welcoming the news that the bus manufacturer Alexander Dennis will keep its sites in Scotland open after the announcement by the First Minister, John Swinney, that the Scottish Government have committed £4 million to a furlough scheme while the company obtains new orders over the next six months. I am sure the whole House will welcome the action taken by the SNP Government in giving domestic manufacturing businesses the opportunity to succeed and protecting skilled manufacturing jobs.

From the outset of this Bill, we in the SNP have been clear in our support for legislation that will strengthen the rights of workers, having long campaigned for many of its provisions. There are progressive attempts to guarantee working hours and protections against unfair dismissal, and the Bill begins to reverse some of the most damaging and insulting anti-union legislation of the previous Government. None the less, throughout its passage in the House of Commons we have called on the Government to be bolder and to use this opportunity to deliver transformational change for workers. We proposed amendments to be more robust on fire and rehire, to improve statutory sick pay and to strengthen protections for migrant workers in accessing their rights, all of which were sadly rejected by the Government. Disappointingly, none of those issues has returned to this House in the amendments agreed to by the House of Lords. Instead, we see a series of amendments that seek to weaken the Bill and weaken the rights of employees by watering down provisions on protections against unfair dismissal, the right to guaranteed hours, and the capabilities of trade unions. Let me be crystal clear: the SNP will not accept proposals that seek to diminish workers’ rights.

One of the most important elements of the Bill is the provision ensuring that workers have rights from day one, a significant change from the current two years. Workers should not have to wait to be protected from unfair dismissal. Unfair dismissal is unfair no matter what time limit is imposed, so there should be none. The Lords amendments would still allow for employees to be dismissed without the right to claim unfair dismissal for the first six months of their employment. Failing to reject this amendment today would fundamentally undermine the principles and objects of the Bill.

The provisions on sexual harassment are also significant, particularly those that void agreements preventing workers from making allegations of harassment or discrimination, and void provisions preventing workers from speaking out about their employer’s response to the relevant harassment or discrimination. We have heard some eloquent speeches today about the very reasons why that can never continue. Astonishingly, the Lords are attempting to except parliamentary staff from the protection from non-disclosure agreements. I have not heard that mentioned today, but it is a disgusting attempt by the House of Lords to protect itself from allegations of sexual harassment and to silence those who are victims of sexual harassment in Parliament. What is it about that unelected Chamber, which brazenly seeks to use its power to protect and entrench its own privileges time and time again? This is just another ludicrous example of why the House of Lords needs to be abolished: it is utterly shameless.

It has long been recognised that insecure work is one of the biggest problems facing our society. I have been listening carefully to what has been said about zero-hours contracts, and I want to register a few facts. Contrary to what was said earlier, in the past decade there has been an increase in the number of zero-hours contract workers—not a small increase, but a 65% increase. More than a million workers are on zero-hours contracts, including over 100,000 in Scotland, and many more are on very short-hours contracts. Rather than providing flexibility, zero-hours contracts offer little or no control or ability to forward-plan. Let me give an example. A recent report from the Work Foundation noted that when Wetherspoons introduced an option for guaranteed hours—guess what?—99% of its workers opted for guaranteed-hours contracts, with only 1% choosing zero-hours contracts.

The Bill seeks to require employers to make an offer of guaranteed hours to a qualifying worker after the end of every reference period, but once again the Lords have attempted to weaken that by taking the onus away from employers and putting it on employees, requiring them to request guaranteed hours. It is important for the Government, as well as rejecting this amendment, to provide clarity on the duration of the reference period and to define what constitutes a “low” number of guaranteed hours.

Similarly, the Government seek to reject Lords amendment 8, which defines “short notice” for the purpose of an employer cancelling a shift as 48 hours, with Ministers in the Lords suggesting that when the regulations are made, “short notice” will be defined as a period greater than 48 hours. That is fine, but, as I have pointed out a number of times today, it is cold comfort for those who are currently on zero-hours contracts, who will have to wait until 2027 at the earliest to find out what comes back from the Government’s consultation.

One of the biggest problems with the Bill is that so much of it will not be clarified until further down the line, through secondary legislation and regulations, which means that much of it is still uncertain, much of it will avoid scrutiny, and much of it will be easy for future Governments to reverse. Indeed, the Opposition are on the record as having made that last point today.

Of course, voters in Scotland know that devolution of employment law is a far better way to protect workers’ rights in Scotland from a future UK Government who might remove those protections. Fair work practices are already being delivered by the SNP Scottish Government, such as supporting collective bargaining, achieving real living wage employer status, and closing the gender pay gap faster than other parts of the UK. Workers in Scotland should never again have to see their employment rights eroded by any Tory-led Government, and we in the SNP will continue to campaign—as Scottish Labour was previously committed to doing—to ensure that employment law is devolved to Scotland or, better still, that Scotland gains independence from consecutive Westminster Governments who seek to erode Scottish workers’ rights.

Jo White Portrait Jo White (Bassetlaw) (Lab)
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I refer the House to my entry in the Register of Members’ Financial Interests, and my proud membership of the GMB and Community unions.

In Bassetlaw, where the average hourly rate is £14.16 per hour for women and £14.69 for men—over £5 per hour less than the national average and not much higher than the national living wage—levels of pay and working conditions are issues that really matter to my constituents. My constituents are not afraid of hard work, but they want to go out each day in the knowledge that they have rights under the law that will protect them from unfair dismissal and guarantee that they can bring home a good wage and put a meal on the table.

The Employment Rights Bill has now ping-ponged its way back to this place, and my constituents cannot wait for the fairness and rights that it will bring. This is their chance to level the playing field. The Bill is not a handout; it is a foundation for fair treatment at work. It ensures that when people go to work they are treated with dignity and respect. It is about strengthening rights, about no more hire and refire, about no more exploitative zero-hours contracts, and about job security from day one. It gives workers the power to have guaranteed hours of work, and to receive compensation for cancelled shifts. It gives them the power to demand safer workplaces where no one has to choose between their pay cheque and their health. It gives them the power to stand up against unfair firing and discrimination. This is not just about the law; it is about restoring a sense of justice in the workplace.

The other House has attempted to water down those rights, and Reform has opposed the Bill all the way through Parliament. While the hon. Member for Clacton (Nigel Farage) keeps telling us that he “doesn’t know” when he is pushed on the difficult questions, I have no doubt that he and his colleagues will be making their way through the “vote against workers’ rights” Lobbies later this evening. Reform has aligned itself with the powerful interests—the corporate lobbyists and the chief executives—who are fighting the Bill, telling us that it is bad for business and that it will hurt the economy. It is no friend of working people.

As local people often tell me, good business is based on strong partnership, whereby employers and the workforce strive to meet the daily challenges in the workplace and the ups and downs of the economy. This legislation will work to strengthen those alliances. The Bill is aligned with this Government’s ambitious industrial strategy and commitment to rebuild our economy, and I am focused on getting new jobs, and skills and training, into Bassetlaw.

To close my remarks in what may be the last debate that Back Benchers can contribute to on this legislation, let me say that part of the reason we come to this place is to provide more freedom, more comfort at times of hardship and more protection against abuse to our constituents. That is as true at work as it is everywhere else. Of course, there will always be other causes, measures and changes that we individually would like to see, but this Bill and the changes and improvements we will make to it tonight are the reason our constituents sent us to this place. It has been said that this legislation represents the biggest advance in workers’ rights in a generation. I think it is perhaps the biggest step forward since the Trade Disputes Act 1906. What we will do tonight is truly historic, and I will be proud to join the Lobby to vote it through.
Jo White Portrait Jo White (Bassetlaw) (Lab)
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I refer Members to my declaration of interests, which clearly states my positive relationship with the trade union movement. I am a member of Community and the GMB, and that is where I want to begin my contribution. My father, a proud USDAW member, recruited me to his union the very first day that I had a proper job, aged 16, drawing a real wage with a pay packet and a pay slip. I had stepped into the grown-up world, and joining a union was part of my graduation.

I was brought up to believe that a union has our backs and can help with issues like unfair dismissal, discrimination, harassment and bullying. As an MP, when I am approached by a constituent with a problem at work, my first question is, “Are you a member of a trade union?” In Bassetlaw, good companies and organisations like Cargill, Schutz, Cinch Connectors, Cerealto, Autism East Midlands and Bassetlaw hospital have good partnerships with unions like the GMB, and I welcome that.

As a small business woman, I served for 10 years on the national executive of the long ago merged Manufacturing, Science and Finance union. That is where I reinforced my values and belief that a trade union is a force for good in the workplace, where partnership working with the employer serves to increase productivity, pride and shared understanding. Such partnerships mean that many of the key employment measures in the Employment Rights Bill have already been adopted by many major employers, who regard good employee relations as a key element for their competitive success in the markets in which they operate.

When people go to work but have no certainty about the hours that they will work or what their weekly income will be, it is unfair. When they go to work with the fear that they may be sacked tomorrow for no reason, it is unfair. When they are paid below the minimum wage for a day’s work, it is unfair. And when they are ill and face three days without pay, it is unfair. This Bill is about putting fairness back into work and putting pride into our workplaces. We need to end the zero-hour contracts and the trickery of fire and rehire; deliver day one protections from unfair dismissal; and extend rights to sick pay to 1.3 million people.

Caroline Johnson Portrait Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
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I am also a member of a union, the British Medical Association. I have found that union to be useful to me as it has represented me in the past, so I can see the benefit of unions. I am concerned, however, that the measures that the hon. Lady is talking about in relation to day one sick pay, for example, could make it more difficult for those with disabilities to get a job, particularly with the changes to zero-hours contracts as well. I talked to a local businessmen in my constituency about a gentleman he employs who has a disability, who comes and goes because his disability makes it difficult for him to work for long periods of time, but he says that he simply will not be able to continue to employ him once the legislation comes into force.

Jo White Portrait Jo White
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That is what good, strong trade union partnership is about: ensuring that a worker has the interventions that they need in order to be able to work. I will be supporting the benefits Bill that we will be introducing in the future because that will ensure that workplaces are open and accessible to people with disabilities. It is important that people have the right to work and the capacity to work when they need to.

The Bill is backed by my constituents, who want to work hard but also want fairness in the workplace. Tonight, I will be voting for strengthening rights at work for millions of British people. We can all stand up and be counted to support our constituents who deserve fairness and justice at work. To the Reform MPs who are no longer in the Chamber, supporting the status quo is a betrayal for millions of British workers. We all have constituents who need better workplace rights and this is our chance to deliver change.

Andy MacNae Portrait Andy MacNae
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I am a member of Unite the union, but I rise to make my remarks from the perspective of a business owner and employer, in response to comments made by Conservative Members, who have now wandered off, about small and medium-sized businesses. These are personal comments and I will give my personal perspective, but I know many businesses, large and small, that share this point of view.

Before coming to this place, I was running businesses of various shapes and sizes for well over 20 years. I did my MBA at Manchester Business School, I have started and led several businesses, and I have served on the board of many others, so I have been about a bit. Throughout that time, it was always clear in my mind that whatever the business, the critical success factor is always the skills, drive and quality of the people that the business employs or contracts. To succeed, any business must attract the best possible people. That is why I have always felt that the selection and recruitment process was my key role in any organisation that I led. I will always argue that great businesses, by which I mean those with sustained success, will always be good employers.

When I look at the measures in this Bill, all I see are the things that good employers are already doing. We know that support for employees when they have children pays off in the long term. We know that giving employees job security increases their commitment and productivity. We support our people when they are sick, and we know that taking holidays is vital to maintain performance. We do not unfairly dismiss, whether someone has been with us for one day or for many years. We have rigorous recruitment processes, and we make it clear that employees must show they meet requirements for a job during the probationary period. We pay as well as we can, knowing that employees who feel valued will deliver for our businesses.

Up until now, good employers have always felt the risk of being undercut by unscrupulous and short-term disruptors looking to make a quick buck. This is a real and serious issue—I have experienced it in business, and many other business owners have raised it with me. Businesses doing the right thing should not be disadvantaged, yet weak and outdated employment legislation has left them exposed. This Bill levels the playing field. Good employers can keep on doing what they do, knowing that their competitors can no longer undercut them by, for instance, employing a majority of their staff on zero-hours contracts, not giving holiday pay, firing and rehiring or just underpaying.

This Bill is good for good businesses and good for workers. It is good for growth and for society. It will put more money in people’s pockets and deliver real, tangible benefits for working people, and I am very pleased to support it.

Budget Resolutions

Jo White Excerpts
Wednesday 6th November 2024

(10 months, 2 weeks ago)

Commons Chamber
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Jo White Portrait Jo White (Bassetlaw) (Lab)
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Let me welcome the first Labour Budget in 14 years, and the first ever delivered by a woman. The Budget’s positive interventions for Bassetlaw have the vibe of the late, great, Ian Dury’s song, “Reasons to be Cheerful”. The song has wonderful lyrics listing the joys in life; it was written in response to his band mate surviving a brutal electric shock. Well, this Budget is Labour’s response to the shock of the Truss mini-Budget, and 14 years of neglect and no economic plan.

In Bassetlaw, we now have significant support for UK fusion energy research to build on the UK’s position as global leader in sustainable energy. Building the first fusion power plant in Bassetlaw will take us to the next generation of carbon-neutral energy creation, providing huge opportunities to develop talent, skills, local jobs and wealth, and to build on business.

The massive injection of funds into the NHS means that the waiting lists at Bassetlaw hospital will be tackled head-on, with a crack team from London hospitals going in to get our operating theatres open seven days a week, and driving those waiting times down. People are waiting too long for the operations that they desperately need. They want to be in work and bringing home a wage. That is central to rebuilding our economy and lifting people out of poverty. This is our Government putting joined-up thinking into action.

I welcome the fact that in Bassetlaw, 2,500 retired mineworkers will see their pensions go up by £30 a week, as we deliver on our manifesto commitment, but it does not end there: our Government will continue to review surplus sharing arrangements, and I call for this to include those retired miners in my area who are in the scheme for supervisors and overseers. They cannot be ignored. They paid into an identical scheme and they deserve equal treatment.

When Bassetlaw people told me that they were too scared to go into our town centres, I promised that I would take action. I welcome the funding to crack down on the organised gangs that target retailers. I welcome, too, the Government scrapping the law that gives immunity for low-value shoplifting—an immunity granted by the Conservative Government in 2014.

The Tories talked the talk, but they did not walk the walk. They were all hot air, promises and no delivery. Whether it is the challenge of getting a GP or a dentist appointment, the challenge of sorting out the funding for flood alleviation schemes in Retford and Worksop, or the failure to stop Doncaster airport closing, the Tories have left it to Labour to pick up the pieces, to sort out their mess and to get Britain back on course.