Oral Answers to Questions

Kelly Tolhurst Excerpts

Thursday 11th July 2019 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

10. What steps she is taking to ensure that businesses offer employees their legal right to request flexible working.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

All employees with 26 weeks’ continuous service have the right to request flexible working—that is over 90% of employees. Employers can refuse a request for flexible working only if they have sound business reasons, which are set out in statute. We have also established the flexible working taskforce to promote wider understanding of implementation of flexible working practices. Earlier this year, we launched a flexible working website specifically aimed at helping working mothers to find flexible jobs.

[Helen Goodman]

Women who work at Asda in Bishop Auckland and Spennymoor, and indeed across the whole country, are currently facing dismissal if they do not accept a new contract that would end the flexibility they currently have. In view of the helpful answer that the Minister has given, will she join me and the GMB union in calling on Asda to think again and have a proper negotiation?

[Kelly Tolhurst]

I thank the hon. Lady for raising the concerns among her constituents with regard to the change of contract. As she well knows, that is a debate and a negotiation between the employer and the employees and their representatives. I am sure that the unions involved will be making their feelings clear. I advise those of her constituents who have any concerns about the practices that are happening within Asda to ring ACAS, which will be able to give them good, sound advice.

[Kirstene Hair (Angus) (Con)]

11. What steps the Government are taking to help ensure that women are protected from maternity discrimination.

[Diana Johnson (Kingston upon Hull North) (Lab)]

12. What steps the Government are taking to tackle maternity discrimination.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)]

The law is absolutely clear: pregnancy and maternity discrimination against women in the workplace is unlawful. The Government recognise the importance of tackling pregnancy and maternity discrimination more widely, and have consulted on extending redundancy protections. We have received over 600 responses, which we are currently reviewing, and we will set out the next steps very soon.

[Kirstene Hair]

Flexible working enables women to stay in work and develop their careers after they have children, and helps to prevent maternity discrimination. It could also help to close the gender pay gap. It has made a huge difference to a member of staff in my constituency office with regard to getting back into work after having a child. What steps can my hon. Friend outline to ensure that flexible working is offered in employment contracts, and is also a priority when advertising the job so that people understand that it is a possibility?

[Kelly Tolhurst]

My hon. Friend is quite right. This Government recognise that we need to do as much as we can for working families, and particularly for women who may suffer from discrimination. She is right to talk about flexibility. She will know that the Government have committed to consulting on a duty on employers to consider whether a job can be done flexibly and to make that very clear in the advertisement for the job.

[Diana Johnson]

Following the long overdue consultation on the rights of pregnant women and new mothers, does the Minister expect the Government to support the recommendation made by the Women and Equalities Committee that the German model offers the best solution for protecting women from the worst employers?

[Kelly Tolhurst]

The hon. Lady is right: we have had the consultation, on which we will hopefully make further announcements soon. It is absolutely right that we have consulted on the extension of the pregnancy and maternity protections for up to six months. The Government have looked at the German approach to enforcement, which uses a state body to grant permissions to make new mothers redundant. This would diverge from the UK system of enforcement of individuals’ employment rights through employment tribunals.

[Mr Jim Cunningham (Coventry South) (Lab)]

T1. If she will make a statement on her departmental responsibilities.