Employment Rights Bill

Joe Robertson Excerpts

2nd reading
Monday 21st October 2024 Commons Chamber

[Graham Stuart (Beverley and Holderness) (Con)]

I refer the House to my entry in the Register of Members’ Financial Interests, and the contribution from small businesses to my election campaign earlier this year.

History is repeating itself. Labour’s antipathy and lack of understanding for business, and small business in particular, is rearing its ugly head again. This legislation will have ruinous results for those who desperately need a job and hope. The Federation of Small Businesses says:

“This legislation is a rushed job, clumsy, chaotic and poorly planned.”

The federation goes on to say that the Bill will increase economic inactivity. That is a rather sanitised way of referring to the ruined lives, dashed hopes and huge waste of human potential that the Bill will bring about. At the end of the debate, we need to hear from a Minister how the Bill will be changed so that it supports rather than undermines the 4 million additional jobs created since 2010 under the Conservatives.

The economic impact assessment, so rudely provided so late in the day, shows that the costs of the Bill will fall disproportionately on small businesses—something that we have heard no acknowledgment of from Government Members. Five out of nine measures will have that effect. Do Ministers have any plans to change that?

[Joe Robertson (Isle of Wight East) (Con)]

Does my right hon. Friend agree that provisions that are bad for small business are also bad for workers, bad for taxpayers, and bad for those who rely on welfare payments?

[Graham Stuart]

I entirely agree, and places like the Isle of Wight, with so many hospitality businesses, will pay a particularly high price. We should celebrate and support our wealth creators, not burden them with excessive taxes and regulations that kill the drive to work, invest and create wealth. Yet that is the destructive path that Labour is taking, with a jobs tax planned for every worker’s national insurance contributions in the Budget in a couple of weeks, and this Bill to deter SME employment.

--- Later in debate ---

[Joe Robertson (Isle of Wight East) (Con)]

I congratulate those who have given their maiden speeches today and spoken with such passion for and about their communities.

There is much in the Bill that I support, and I support the sentiment behind it. I am sure there is common ground in wanting to improve conditions and rights for workers, but there is a balance to be struck, and I have grave concerns about some provisions in the Bill—those that increase burden and red tape on employers and on employees, and those that are a threat to and a drag on economic productivity.

My first concern is the unnecessary introduction of a new concept of statutory probation. As the law currently stands, workers get protections against things like unfair dismissal. Those long-standing principles have survived different Governments, and indeed survive in this Bill. The debate has been about when those rights are accrued—whether it is after two years of employment or one—and there has been a fluctuation. This Bill attempts to introduce those rights from day one, but then to row back on them by introducing a statutory probation period, during which, in the Deputy Prime Minister’s own words, there is only a “light touch” approach to unfair dismissal. It creates a new concept that is vague and unclear, and it will increase the glut of litigation in the employment tribunal. Indeed, it will need to do so to create case law so that employees and employers can understand what a “light touch” approach to unfair dismissal means.

My second concern is the increased burden on smaller employers. Indeed, that is contained in the Government’s own analysis, and much has been said about that, so I will turn to my third issue: specific burdens in specific sectors, such as social care. The Government’s own analysis says that the Bill will increase costs for employers, but employers in social care cannot bear any more cost. The Government have said they will bring forward reform of social care; that must come first, before this law is brought into force.

[Robbie Moore (Keighley and Ilkley) (Con)]

Does my hon. Friend agree that the crux of the issue is that the Bill is lacking in detail? The issues he is discussing have been identified and indeed referenced in the Government’s own economic analysis, and we cannot get into the detail of this debate without having that level of information on the face of the Bill.

[Joe Robertson]

I agree that the Bill lacks detail. It also contains a lot of powers that are intended to come about through secondary legislation. For example, we do not know how long that probation period will be, because it is not set out in the legislation.

Turning to the NHS, we understand that the Chancellor will increase the money to the NHS in the Budget but, as an employer, the NHS will have increased costs through this Bill. If national insurance contributions on employers are to be raised in the Budget, it will have that cost as well. That means there will be less money available to cut waiting lists. I urge the Government to delay this Bill, get the detail right and put some detail into it, and ensure that sectors such as health and social care get the support first so that, as employers, they can deal with the increased costs from this legislation.

--- Later in debate ---

[Lewis Cocking (Broxbourne) (Con)]

I thank hon. Members for making their maiden speeches. As I have said before, I am a geographer, so it is a real pleasure to hear about our great United Kingdom and the different constituencies that we all represent.

Entrepreneurs in the towns and villages I represent across Broxbourne are working hard to take risks day in, day out to get our local economy growing and to create jobs, but I fear that the Bill could put all that at risk. Security in work should be available to everyone, but above all else it is getting the job in the first place that is the first vital step. Regrettably, the Government’s plan will only make it harder for businesses to hire new employees. Small business owners in my constituency cannot call on large human resources departments to make sense of these new rules. Increasing the number of day one rights will see them hesitant in making hiring decisions. As the Federation of Small Businesses has said, plans to give unfair dismissal rights from day one

“will inevitably deter small employers from taking on new people”

by raising the chance that new recruits will take their employer to a tribunal simply because they turn out to be unsuited to the role.

The principle of qualifying periods for workplace rights is sensible and fair. The Government must recognise that, because they have chosen not to include in the Bill a reform of the qualifying period of two years for statutory redundancy pay. A balance must be struck to avoid the burden falling too heavily on either the employer or the employee—especially for small business employees, who need the security and confidence that the qualifying period provides. It is clear that the Government’s plans do not strike that balance.

One thing I agree with the Government about is that we must get our economy growing faster, but this Bill, on which the Government have not consulted, is not the right way to achieve that. In this place, we should talk more about how to encourage firms to create growth.

[Joe Robertson]

My hon. Friend talks about growth. Does he agree that growth for small businesses is good for workers and that what is good for small business is therefore good for workers? Small business needs better protection in this legislation.

[Lewis Cocking]

I absolutely agree. If we do not create the next generation of entrepreneurs in this country through the education system, which the Government should be focusing on, rather than placing burdens on them—we have yet to hear the Government’s new Budget, which could increase taxes and put more burdens on small businesses—there will be fewer jobs in the market and fewer jobs for the people we are trying to represent and protect in this place.

It is Opposition Members who are standing up for small businesses. Small businesses are the backbone of my local economy in Broxbourne and the country at large. If we do not ensure a fair balance between workers and small businesses, small businesses will close and people will lose their jobs. I do not think the Government want that, so will they please reflect on the Bill, have a proper consultation and come back with something more suitable for small and medium-sized businesses across the country?