Zero-hours Contracts

John McDonnell Excerpts

Wednesday 19th March 2014 Westminster Hall

[Alison McGovern]

I agree with my hon. Friend. Given the plethora of things that found attention in today’s Budget, it was a surprise that the Chancellor did not want to talk about zero-hours contracts, which seem to be at the heart of the Government’s approach to economic recovery.

I want to return briefly to the numbers. If the Minister has not yet clocked the problem, she ought to. The ONS has effectively said that previously it was undercounting due to the definitions in the labour force survey and/or a problem with people’s awareness that they are on zero-hours contracts. We now cannot tell what the trend is. The latest statistics may or may not represent a massive spike in the use of zero-hours contracts—I do not know. We cannot tell whether the statistics show a rise or a fall, because it is clear that the ONS has been undercounting previously. I would therefore like to know what further research DBIS has commissioned. As policy makers, we are in an awful situation—there is a phenomenon in the labour market, but we do not know what is happening. What further research has been or will be commissioned by DBIS, because unless we know whether the phenomenon is radically and exponentially increasing, how can we know what measures should be taken to tackle it?

Secondly, I would like to know what the Government are doing. The Minister will probably stand up and say that they have talked about preventing exclusivity clauses, which is okay and fine, but there is a raft of other ways in which the Government need to tackle the phenomenon, not least the one mentioned by one of my hon. Friends in relation to the Work programme and jobcentres. For example, are jobs on zero-hours contracts routinely being advertised through Jobcentre Plus and are claimants then sanctioned if they do not take them? I am afraid that it will not be enough for me to know whether a policy document exists. I would like to know whether the Minister believes that people are routinely being sanctioned for not taking jobs on zero-hours contracts, because it would be terribly serious if that were the case.

I have always said that if a small business offers opportunities on a zero-hours basis, as and when, and the person taking that job is in no way penalised if they turn down the hours—either they are a student or they just want to keep their hand in with a job but do not want lots of hours—that would be okay in my book. However, the problem is that we are in a world in which Jobcentre Plus is being directed to get the claimant count down, and we know that there are significant problems in the DWP and in that organisation. I am very worried about the idea that my constituents and others are being forced into employment on a basis that they do not really want or feel comfortable with because of current policy decisions.

I stand in this Westminster Hall debate today, proud of Wirral council, the local authority in which I am a Member of Parliament, because it has tried to adopt Unison’s ethical care charter. The council has said—to respond to the points made by my right hon. Friend the Member for Oxford East (Mr Smith)—that in its commissioning, it wants to adhere to standards to ensure that, in the very important work of looking after older people or those who are vulnerable and need a bit of help, it is not participating in a race to the bottom. That involves moving away from zero-hours contracts, paying properly for travel time, trying to get to the living wage and ending 15-minute appointments.

Without going deeply into the care sector, we need to look at the role of central and local Government in preventing zero-hours contracts, in both their commissioning and procuring roles. We can try to lead from the front. I would like to know what conversations the Minister has had across DBIS on procurement and commissioning, and across the Government on moving away from zero-hours contracts and saying, “In general terms in our economy, it is not a hugely helpful phenomenon to have people with unpredictable levels of income at the end of each month.” Will the Government lead the way in trying to set the standard in the labour market? What conversations has the Minister had about that?

This issue has been mentioned, but I would also like to know what the Government are doing to enforce the minimum wage properly. It seems to me that there is a group of—not universally, but broadly—women in society who are at risk of not being paid the minimum wage. They are in a workplace in which they are not necessarily powerful, and they often have child care or other caring responsibilities alongside their job, and cannot be expected to expend the time and effort to take their cases forward. It falls as a duty on us in this House and on the Government to ensure that we stand up for those people and ensure that they get the minimum wage.

Without focusing universally on the care sector, there was further new evidence this week that it is becoming more difficult to have a predictable or the same carer all the time. Part of that is about the use of zero-hours contracts and their unpredictability. I repeat my question to the Minister: what cross-Government conversations has she had to find out what actions DBIS needs to take to lead in response to the phenomenon?

I do not know whether the Minister is aware, but zero-hours contracts are not the only problem in this sphere. Often, they go alongside the use of agencies and other ways in which people find loopholes to get around their responsibilities. I would not want us to bear down on the use of zero-hours contracts only to see the problem pop up in another guise. The Minister should be aware of that problem as we move forward. It should not be about closing down one way of getting around employers’ responsibilities, only for the problem to raise its head under another definition. The Minister needs to think carefully about that.

[John McDonnell (Hayes and Harlington) (Lab)]

Before my hon. Friend concludes, I want to congratulate her not only on today’s debate, but on the significant work she has done over the past two years. She has concentrated to a certain extent on the care sector, but may I point her towards the fast food industry? With the bakers’ union, we have just launched a campaign in the fast food sector not only for the living wage, but to oppose the imposition of zero-hours contracts, because they are used by managers to intimidate workers. For example, if a worker seeks to join the union or seeks to exercise or make representations about their rights, they will be denied work under zero-hours contracts for the following week. We are seeing them being used as an intimidatory tool, as well as one of exploitation.

[Alison McGovern]

My hon. Friend is right. One of the worst things about zero-hours contracts is what I call “zero-hours contracts as a management tool”. People have brought cases to me where, for whatever reason, somebody’s face did not fit and they did not end up getting any hours. That is no replacement for the usual practices of good management and all the rest of it, so it is something that we absolutely need to be aware of.

Another thing that employers can practically do to help us to deal with the situation is encourage people to join a trade union—I would say that, being a Labour MP. People will not always have the capacity to raise such issues themselves, but with workplace representation, they can, and we can help on low-paid work issues, such as getting people skills and boosting their abilities. I am sorry to be so predictable—being a Labour MP and supporting people joining a trade union—but there is a reason for joining a union. A union is a practical bit of infrastructure that can help businesses to give their workers a sense of being involved in the leadership, and help to tackle some of these problems. I think good employers would agree with me on that.

I want to take the opportunity to thank parliamentary colleagues who have taken the time to come along to today’s debate. Most importantly, however, I thank every single person who has been in touch with me over the past week or so since I was awarded the debate. I also thank all the people who have been in touch with me over the past six months to share their experience. I felt the experiences of people working on that basis were totally hidden. They are not hidden now. The question is: what can we do about it?

--- Later in debate ---

[Jenny Willott]

As I said, zero-hours contracts can have a place in the labour market. They can suit some people—students, people with caring responsibilities and others—but clearly they are not appropriate for everyone. Anecdotal evidence, including that highlighted by the hon. Member for Wirral South and by the hon. Member for Hayes and Harlington (John McDonnell), suggests that some individuals are being pressured into working when it does not suit them and have the implied threat hanging over them of being denied future work, which removes the flexibility for those individuals.

[John McDonnell]

I will give hon. Members just one example. The bakers’ union convened a meeting of fast-food workers a month ago, and a Costa worker turned up. Because he had not smiled enough that day, he was not going to get any work for the following week. These contracts are used as an intimidatory tool by managers, and we all have to condemn that, do we not?

[Jenny Willott]

I completely agree. The behaviour that the hon. Gentleman describes is not right and is not appropriate for a responsible employer. I am sure that hon. Members on both sides of the House completely agree with that.

Some individuals have been working regular hours for long periods only to find that they are “zeroed-down”—their hours are brought down—when demand falls, perhaps due to the loss of an order. Clearly, that dramatic change in working hours and the resultant income loss will have a significant impact on the individual, especially if they are the only person working in the household. When individuals have their income supplemented by benefits, an increase or decrease in hours and income can have quite a significant impact on their benefits, which can be very difficult to manage in terms of household income.

Hon. Members raised issues about the link between jobseeker’s allowance and zero-hours contracts. Clearly, the Government’s priority is to help people on benefits to move off them and into work as soon as possible. However, as the hon. Member for Wirral South highlighted, some media reports suggest that people claiming jobseeker’s allowance are being told that they must apply for vacancies that are advertised as zero-hours contracts. I must stress that that is not the case. In such cases, someone’s benefit would not be sanctioned. DWP decision makers cannot mandate claimants to apply for zero-hours contracts, although they are obviously free to apply for such a job if it would suit them. The uncertainty about the hours of work offered by the employer and about the amount earned and so on can present difficulties for individuals, so someone would not be sanctioned for not applying for one of those jobs.

It is very important that individuals make informed choices when applying for or accepting work, and employers must ensure that both job adverts and employment contracts are transparent. People have the right to know up front that a contract does not guarantee work, if it is a zero-hours contract, so that they know what they are signing up to. The evidence that we have received in the Department is that that certainly is not the case for everyone on a zero-hours contract, and that needs to be resolved.

Hon. Members have also raised issues about the care sector and the entitlement to payment for the time spent travelling between jobs. I want to be clear that employers must ensure that their workers are paid at least the national minimum wage for the hours that they work. Time spent travelling on business, including between house calls, counts as time worked for minimum wage purposes. Where the travelling time is time for which the minimum wage should be paid, any associated expenditure incurred by the worker in respect of that travelling is classified as being in connection with the employment. A worker who is paid at minimum wage rates would therefore need to be reimbursed the expenses for the travelling in order for the employer to be in compliance with minimum wage legislation.