Terms and Conditions of Employment

Kevin Hollinrake Excerpts

Tuesday 3rd March 2020 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

We are here today to debate the establishment of statutory parental bereavement leave and pay arrangements following Royal Assent to the Bill known as Jack’s law, in memory of Jack Herd. I pay tribute to his mother, Lucy, who will today see her work reach its concluding stages.

I am sure that Members on both sides of the House welcome the introduction of these measures, and I thank those from all parties who have advanced the need to establish bereavement leave and pay. Over the past few years, Members have recalled their own personal grief at the loss of a child or a stillbirth. The pain, the heartache and the impact are personal, but those who have had to face such sadness need a state that provides universal support to parents. In particular, I want to thank my hon. Friend the Member for Swansea East (Carolyn Harris), who has powerfully shared her own circumstances following the loss of her son and has forced Parliament to take a fresh look at bereavement, and the hon. Member for Thirsk and Malton (Kevin Hollinrake), my North Yorkshire colleague, who took the private Member’s Bill through the House.

I know that trade unions and businesses also welcome these measures. The Opposition believe that this is a first step, and one that we hope to build on as better understanding of grief and bereavement is acknowledged. While the provisions make adjustments for a period of two weeks, for those who have experienced loss, bereavement can last a lifetime. We need employers to look at what more can be done to support workers at difficult times.

I want to raise a number of issues regarding the regulations. The statutory instrument on pay applies only to employees. Clearly the measure is welcome, but it means that not all workers, as the Minister said, can access the provisions. Regulation 11 of the draft Statutory Parental Bereavement Pay (General) Regulations 2020 defines who would be entitled and who would be excluded, but will the Minister set out how he plans to address this inequality? Labour is clear: we would want to create a single status of “worker” to which all provisions would apply.

How will the Government ensure that bereaved parents in precarious work, including those on zero-hours contracts, can access two weeks’ statutory bereavement leave? While the provision for a statutory period of leave applies to all employees, the regulations that come into effect on 6 April 2020 make provision for statutory pay to apply only to those who have completed six months of service. However, bereavement and loss do not respect timelines. If someone loses their baby or child in their first six months of employment, the provisions should be extended to them. The loss is as great, and the need for leave and support as necessary.

The fact that the ability to take leave will, for some, be without pay means that those with the fewest means might not be able to afford to take it. Will the Minister set out why there is a limitation for those who have worked for less than six months and will he review it? While the regulations make provision for leave and pay for parents who lose a baby through stillbirth or who lose a child up to the age of 18, what provision has been made for parents who experience baby loss earlier in pregnancy? Further work should be done in this area.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I thank the hon. Lady for her kind comments earlier. She will acknowledge that, as the Minister said, this is a signal to employers. It is not simply a case of, “This is what you have to give.” She will agree that most employers are considerate in such circumstances and will go much further than the regulations require. This is the floor that we will work from, rather than the ceiling.

[Rachael Maskell]

I thank the hon. Member for his comments. He is absolutely right that this should be the beginning of a much broader conversation with all employers, whatever the circumstances in which they employ their staff.

It is believed that 10,200 parents each year will be eligible for statutory parental bereavement leave, with 9,300 eligible for statutory parental bereavement pay, meaning that about 1,000 parents a year will not be entitled to the pay provision. Will the Minister look again to see if day one provision could be extended specifically in that area?

I further seek to clarify that under the provisions of regulation 8 of the draft Parental Bereavement Leave Regulations 2020, two weeks’ statutory parental bereavement leave could commence following a completed period of maternity or paternity leave, provided that the two weeks’ allowance is used within 56 weeks of the loss of a baby or child. Labour believes that ensuring that all workers have day one rights would recognise that loss is loss and bereavement is bereavement. Arbitrary timescales should not come into this. While we would extend day one rights to all areas of employment law, it is important that the position is revisited for bereavement pay.

I also trust that employers will recognise the strength of these arguments and seek to go further when implementing these provisions. Good employment focuses on taking care of the holistic needs of the workforce, most acutely at the time of greatest need. We need to provide more time, time spread over a longer period, full pay, and support at key times, for instance on anniversary days. I trust that employers will be compassionate in making the fullest offer to staff, should they experience the loss of a baby or child.

Of course, bereavement brings its own patterns of grief, and time is necessary to come to terms with such loss. I hope that the Government will revisit this shortly, perhaps in the forthcoming employment Bill. The loss of a parent can often involve people having to take many additional practical measures to manage the parent’s estate or belongings, such as clearing a property. Bereavement leave could therefore be extended.

Research shows that not all parents are aware of their rights. For instance, 58% of those in low-paid work are not aware of what they are entitled to, and 63% are not aware of the right to unpaid parental leave, according to the TUC. Some have been found to use sick leave to address a family caring responsibility. That highlights the fact that from 6 April, not all parents will be aware of the changed provisions. Will the Government put in place a systematic approach so that parents can learn about these new measures? While we would hope that employers will inform their staff, may I suggest that NHS and hospice staff, as well as registrars for deaths, are briefed on the new provisions?

From 6 April this year, bereaved parents will have some time and support to manage the difficult days and weeks following the loss of their baby or child. This is a first step, and the Opposition will support the regulations today.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

It is a pleasure to speak in the debate. While I very much appreciate what Government and Opposition Members have said, the credit and inspiration for the legislation certainly does not belong to me. They belong to many other people, not least my hon. Friend the Member for Colchester (Will Quince), who tried to introduce such a measure in a previous Parliament. I was simply lucky enough to come top of the ballot for private Members’ Bills, after which he was one of the first people to ring me. I was aware of his campaign as a result of many debates in Parliament and I had heard many Members speak about their own personal tragedies, so it was an absolute pleasure to be able to take on the baton and do what I could to introduce the legislation. At the election, both political parties committed to implement it, and the Government and Opposition have both been hugely supportive in doing so quickly.

Some of my constituents drew my attention to their own tragedies. Annika and James Dowson very sadly lost their little daughter, Gypsy, who was stillborn. It is touching that many people who have experienced these tragedies have turned their energies to fighting for something that is positive and good. Annika and James raised money for a bereavement ward at Scarborough Hospital. Anyone who has been on a ward and thinks of the experience of someone who has lost a child yet sees children in their first days, with all the happiness around that, while they are facing tragedy, can understand the need for bereavement suites. Luke and Ruthie Heron lost their little child, Eli, who was born at 23 weeks and six days. Had he not lived for another two and a half days, his birth would have been categorised as a miscarriage, rather than a stillbirth. We all come across these terrible tragedies.

I pay tribute to Lucy Herd and her little son, Jack, who was nearly two when he passed away—a tragic occurrence—and it is right that we can refer to this legislation as Jack’s law. Initially, because of my hon. Friend the Member for Colchester, we were going to refer to “Will’s Bill”, but Jack’s law is a far more fitting tribute to the campaign that has been run. Many other people have supported this, and I am so appreciative of Opposition and Government Members’ support in getting the Bill through. It went through in record time—we had to squeeze it in before the end of a parliamentary Session.

When people are told about such legislation, they are hugely shocked that it was not on the statute book already. However, nine out of 10 employers would be hugely considerate in such circumstances and a great number of them would give people whatever time off they needed to grieve, quite rightly. In many cases, employers would offer full pay during that time so that people could hopefully get over some of the grief and move on. This is not just about the individual; it is also about the signal that employers can send to the rest of their workforce, because showing compassion at such times is simply good employment practice.

I thank Members on both sides of the House, Opposition and Government Front Benchers, and successive Business Secretaries, who have been so supportive in taking the legislation forward. I also mention the former Member for Stourbridge, Margot James, who was hugely supportive in making sure that we got the Bill on to the statute book quickly. I am grateful for the opportunity to be associated with this legislation and I wish it a speedy passage through the House.