Draft National Minimum Wage (Amendment) Regulations 2020 Draft National Minimum Wage (Amendment) (No. 2) Regulations 2020

Justin Madders Excerpts

Tuesday 17th March 2020 General Committees

[Justin Madders]

It is a pleasure to see you in the Chair again today, Mr Paisley. I am grateful to the Minister for his introduction. There was a glaring omission from his speech: he failed to mention that it was a Labour Government who introduced the national minimum wage. I am sure the next time he speaks he will acknowledge that it was the Labour party that introduced that groundbreaking policy.

That said, we will not oppose these statutory instruments; we recognise that any increase in people’s income is welcome, especially at this most uncertain time. However, there are areas where we would like more progress to be made. Millions of people are in work and struggling to make ends meet. Having a job is no longer a guarantor of a decent standard of living; indeed, work and poverty often go hand in hand. The current crisis has put a spotlight on certain parts of the economy, and the extremely precarious nature of many working people’s lives is coming to the fore. Millions of people are trapped in low pay or insecure employment, and the above-inflation increase presented still falls short of the promise made by former Chancellor George Osborne that it would reach £9 an hour by 2020. If the Minister wishes to clarify that there will be a further increase later this year to take us up to that level and honour that promise, that would be most welcome, although that would still fall short of Labour’s own plans.

An increase in the minimum wage will provide some help to the lowest paid, but it will not be the transformative change that we need. It will not end the growing levels of in-work poverty faced by millions. As we have discussed in recent weeks, it does not cover everyone in work. With the growing gig economy forcing more and more workers into sham self-employment, it is more important than ever that every worker is paid a decent living wage.

The minimum wage does not cover self-employment. According to the TUC, almost half of self-employed people do not earn the minimum wage. That means that around 2 million self-employed workers are now stuck on poverty pay. Does the Minister think that is acceptable? What is being done to address poverty pay among the self-employed? It may be that later announcements offer some temporary respite for people in this category, but I suspect they will not tackle the chronic low pay many in the gig economy or in self-employment face.

As the hon. Member for Glasgow South West mentioned, there is a huge discrepancy in the minimum wage for people over 21 and those aged 18 to 20, which is exacerbated by the differential percentage increases presented today. Will the Minister set out why the Government believe that workers aged 18 to 20 should be paid a far lower rate than those aged 21 for exactly the same work, and even less than those under 25?

I declare an interest: I have two sons in the lower age bracket. They previously both worked in the same establishment, and would regularly complain to me that they worked just as hard as their colleagues over 25, did all the same duties and performed just as well, but those colleagues got a much higher pay rate. I have never been able to provide them with a satisfactory answer as to why that is the case. Hopefully, the Minister can make my home life a little easier by giving me a good answer for them. It goes without saying that not everyone under the age of 25 can benefit from staying with their parents. For them, the daily cost of living is no different than it is for those over the age of 25, in terms of rent, council tax, utility bills or whatever.

In representations to the Low Pay Commission, the TUC highlighted some of the areas where it is apparent that further Government action is required. In its submissions, the TUC said that there should be greater use of labour market enforcement orders and undertakings, recognising that those tools form an important bridge between informal action and official prosecutions. It would be good to know how many enforcement orders have been issued so far and how many undertakings have been given by employers. Of the undertakings that have been given, how many have gone on to be breached? Of those occasions where undertakings and orders have not worked, how many prosecutions have followed?

We agree with the TUC that the current fines imposed following prosecutions, which are typically only a few thousand pounds, do not act as a sufficient deterrent, particularly when the employer has been found to have engaged in what would be considered aggravating activities, such as falsifying records. The fines need to be substantially increased. As the TUC suggests, £75,000 would be reasonable. The fact that there have been relatively few prosecutions suggests that the resources, and possibly the appetite, for enforcement are not there.

The TUC submission also raised the routine evasion of the national minimum wage regulations by such devices as false self-employment, work trials and unpaid internships. I touched on false self-employment and the gig economy, but will the Minister enlighten us on how many of the 50-plus recommendations made in the good work plan have been implemented? Although it only scratches the surface of the multiple problems of exploitation and insecurity in the gig economy, the last time I checked, I could count on the fingers of one hand the number of recommendations that had been implemented, so I would be grateful for an update on any progress.

Wearing my hat as the chair of the all-party parliamentary group on social mobility, we called some time ago for a ban on unpaid internships, recognising that to access certain professions they had become an almost compulsory rite of passage, including for jobs in the media, fashion and drama. Sadly, they are quite often used in politics, even in this place. Some people are expected to work for up to a year free of charge. In some places, of course, there is no guarantee of a job at the end.

I am aware that several private Members’ Bills are floating around that seek to put an end to that shameful practice. If the Minister were to indicate whether the Government intend to support any of those Bills, that would also be welcome. One further minor point from the TUC submission was the difficulty that third parties have in reporting national minimum wage infringements. Such people are often trade union officials who have in-depth knowledge and expertise in certain sectors. It seems sensible to make the most of that knowledge and experience with a workable protocol for referrals.

The Committee will be relieved to hear that I do not propose to go through every TUC recommendation, but one final important point that I wish to draw to the Committee’s attention is the proposal for public sector bodies to make it a requirement of any tendering or work outsourced that those providing the service ensure that all workers are paid at least the minimum wage. That does not require a change in legislation by the Government; it requires leadership. I would be grateful if the Minister advised on what efforts have been undertaken to encourage all those who contract with Government to pay the minimum wage and, for those who work in London, the London living wage?

The second instrument deals mainly with responses to a Government consultation on salaried hours and salary sacrifice. As the Minister explained, they are broadly technical changes to the rules around how minimum wage rates are calculated. The changes broadly afford the employer a greater degree of flexibility when determining the payments to be included within the regulations and the reference periods from which they are to be calculated.

We recognise that the regulations have been introduced as a result of responses made to the consultation by employers, but it is far from clear how significant and widespread the practices are. As the TUC said in its consultation response, there appears to be little evidence of that issue being raised regularly. We will therefore not oppose the regulations, but we urge the Minister to keep a close eye on how they work in practice because we would not want them to be used as a convenient way to game the system. One can envisage payments and reference periods being manipulated to create a certain outcome, which might well be within the letter, but not necessarily the spirit of the regulations,.

I would say the same about the reimbursement rules: on the face of it, they could be used as a Trojan horse to find even more matters to undermine the intended effect of the minimum wage. Care also needs to be taken to ensure that reimbursement takes place in a timely fashion. Although it is far from apparent that these changes will have any dramatic impact in one way or another, it is important that there are regular reviews of their implementation.

In conclusion, the Opposition believe it is important that the state sets minimum rates, but they are just part of the solution to low pay. We strongly believe that trade unions, as the collective voice of workers, are in the best place to negotiate with workers and employers about getting good pay and good terms and conditions for every sector in the country. We hope that one day we will see a Government that deliver that.

[Paul Scully]

I thank hon. Members for their valuable contributions to the debate. The national minimum wage and the national living wage make a real difference to the lives of millions of workers in the country. I am glad that there is agreement—notwithstanding some questions, which I will try to answer to the best of my ability—that the lowest paid workers deserve an inflation-busting pay rise, which the regulations will provide.

The regulations mean that, from 1 April, workers on the national living wage will be over £3,700 better off over the year compared with 2015, when the policy was announced. That marks a 21% increase in the national living wage since 2015. Younger workers will also get more money through the increases to the national minimum wage rates. We know that most businesses support increases to the minimum wage rates. Through the regulations, we are reducing burdens on employers in meeting minimum wage obligations while maintaining worker protections.

The hon. Member for Ellesmere Port and Neston mentioned the technical changes to the second set of regulations. He is right to say that we will continue to review the situation. Part of the reason for the changes to the regulations is that there were some unintended consequences when the national minimum wage and national living wage were introduced—for example, the four-weekly cycles and the fortnightly cycles. Regardless of how extensive they are, smoothing out those problems is a sensible measure. Of course, we will continue to see how that works in practice, as we will with all those sorts of things.

In no particular order—I have papers strewn absolutely everywhere—I will try to cover some of the points raised. The hon. Member for Glasgow South West talked about Government contractors paying a real living wage. The national minimum wage is a minimum wage, as is the national living wage. Good employers should always seek to go beyond that. The Department ensures that all contractor staff receive a minimum wage equivalent to the annual survey of hours and earnings median rate for their occupation or to the Living Wage Foundation rate, whichever is higher. It means that from April 2020 contractor staff will receive no less than £10.75 in London, or £9.30 outside London.

The hon. Member for Glasgow South West also asked why the national living wage is not higher. Right from the conception of the national living wage and the national minimum wage, we have been trying to work with businesses to ensure that employers and workers get the right balance. That goes to the question from the hon. Members for Glasgow South West and for Ellesmere Port and Neston about younger people. Again, we hope to rectify the situation so that, by 2024, 21-year-olds will be able to benefit from the higher amount. The Government took the decision to ensure that we get the right balance for younger people in the employment market. Our 16 to 21-year-olds’ unemployment rate is four times higher than that of people aged 25 and over. It is about having a balance between ensuring that they are paid a fair wage and that there are jobs and opportunities for them in the first place.

We are at the forefront on enforcement, and are significantly increasing the amount of money paid to HMRC for that purpose. HMRC will enforce in a proactive way, through education and visits to employers in the sectors that are most at risk. HMRC will have the financial resources to put where it considers best to tackle non-compliance. We have closed 770 investigations into employers between 2016-17 and 2018-19 that were opened with a potential apprenticeship risk. More than half those cases were closed with arrears found for the worker.

Several projects over the last few years have targeted apprentices and the sectors in which non-compliance is most prevalent, such as hairdressing and childcare. HMRC has undertaken many communication campaigns, including webinars and targeted projects, communicating rights and responsibilities to apprentices and their employers, to ensure that people know their rights, so that they can call out non-compliance, and that employers adhere to the rules.

HMRC also send text messages to nearly 350,000 apprentices when the annual rate increase comes into effect. We ensure that we have that communications campaign as soon as the increase is approved because it is so important that those who are the most vulnerable and the lowest paid understand their rights and how to complain. As I said in my opening remarks, HMRC also investigates anonymous complaints.

Clearly, unpaid internships are a concern, in terms of their being a barrier to social mobility. The hon. Member for Ellesmere Port and Neston is right to identify that they are often used in this place. In terms of tax and worker rights, the term “internship” does not mean anything. If someone is on work experience, just looking and learning, they are not working day to day and adding value to the company. If they are adding value to the company, and doing what could be seen as a worker’s job, the national minimum wage and national living wage legislation applies to them. Employers should look at that, and we will come down heavily on those who fail to adhere to it.

HMRC has contacted more than 2,000 employers found to be advertising unpaid internships online to ensure that they are compliant with the law. We have sent 35,690 letters to employers in those sectors that tend to use interns: publishing, media, the arts, marketing and fashion, as the hon. Gentleman said.

[Justin Madders]

I appreciate what the Minister says about how the nature of the work determines whether someone should be paid the minimum wage, but is it not a slightly artificial situation to expect someone at the very bottom of the ladder, in a very precarious situation in an internship, to report their employer to the national minimum wage helpline?

[Paul Scully]

By contacting 2,000 employers, we are reminding them of their legal responsibilities. I understand the hon. Gentleman’s concern about vulnerability and whistleblowing in those situations, but that is why it is important that we give HMRC the resource that it needs to have proactive oversight, and to go to those companies that are most likely to offer and advertise unpaid internships, so that we can nip it in the bud. To build our understanding, so that HMRC can follow the matter up properly, we have incorporated a question into the Department for Education’s employer skills survey, asking 90,000 UK employers whether they have used unpaid interns. Results are expected in late spring 2020, and we will follow up on that.

On the protection of the low-paid self-employed, we will introduce the Employment Bill, which covers a couple of the questions that were raised. That is a result of the good work plan published by Matthew Taylor and his colleagues. We hope to tackle a number of the issues raised in that report and will publish the Bill as soon as we can to ensure that it gets scrutiny from, and involvement of, all parties in its development. I look forward to introducing the Bill and having debates on it so that we continue to lead on workers’ rights.