Parental Bereavement (Leave and Pay) Bill (Second sitting)

Kevin Hollinrake Excerpts

Wednesday 7th February 2018 Public Bill Committees

[Patricia Gibson]

I wish to speak in support of amendment 10, because it is important that there be flexibility on when parental bereavement leave is taken. The loss of a child, if it is anything, is hugely traumatic. The first reaction is shock and disbelief, especially in the case of a sudden death. A parent may initially refuse to accept the loss and try to continue as normal, blocking out the experience, which is a common feature of trauma. Going on as far as possible as though the death is not real will be a reaction that helps some parents to cope. Keeping busy is a coping strategy that many use and one that, to a great extent, my own husband used when our baby was stillborn at full term.

Other people cope with the devastation of losing a child in a variety of ways. There is no right or wrong way to do so. I fear that if the amendment is not accepted, we will in effect, even if we do not wish to, be saying to bereaved parents, “We recognise the trauma of your loss and its life-changing nature, but it is important that you take your bereavement leave between these particular weeks, from this date to that, as set out in the Bill.” I honestly think we can do better.

It is not appropriate or desirable to set an early timeframe as to when bereavement leave should be taken. Some parents may feel the need of leave only some months later, when the enormity and the reality of the loss have truly sunk in. Others may prefer a phased return to work instead of taking the leave in one set block.

Much of the discussion that I have seen on the Bill seems to be predicated on the loss of a child after illness, and it is true that far too many children are lost in that way. Far too many families are devastated by watching a child ravaged by an unforgiving disease against which the child has few or no resources to defend itself. There is no doubt that to watch a child go through that—to watch your own child go through that—is beyond heartbreaking and beyond horrific, but we cannot forget that many children also die in a variety of other circumstances.

The sudden and unexpected loss of a child is no less traumatic when the parent had no idea when they last saw their child that that would be the last time they saw their child alive. There may be a car accident or some other horrific accident. A child is knocked down perhaps, and in a moment a family is destroyed by grief and the random cruelty of events.

I therefore believe that flexibility is needed not just to allow parents to grieve in their own way and in their own time, but because, depending on the circumstances, there might be a fatal accident inquiry following the death or, in England, a coroner’s inquiry. There might be a court case and perhaps even a trial. There might be a significant gap between the loss of the child and the burial. There is a host of reasons why leave for bereaved parents must be flexible. It should be remembered that not all bereaved parents will necessarily take any or all of this leave, but they must have the option, and the option must be flexible. I fear that if it is not, bereaved parents who work for the minority of employers who are not as sympathetic as we might wish them to be might face losing their job as well as their child. Bereaved parents need the full protection of the law. I urge the Minister to consider the amendment carefully, as we try to put on the statute book the best Bill possible for parents.

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

It is a pleasure to serve under your chairmanship once again, Mr Gray. I understand the hon. Lady’s argument on making leave arrangements more flexible and I have much sympathy with it. Certainly, we heard such arguments from many different sources, including people who have been bereaved who contacted us through social media. Many charities, such as Cruse Bereavement Care, Elliot’s footprint, Together for Short Lives and the National Bereavement Alliance also made the point that the period of 52 days was too short and they wanted longer. That was for a number of reasons, some of which the hon. Lady outlined, such as autopsies and inquests, which can often happen well beyond those first 52 days.

There are substantive reasons why we might want to look at a longer timescale. We need to strike a balance, of course, between the needs of the employee and the understanding of the employer. We have said throughout consideration of the Bill in Committee that we expect these to be the minimum standards that employers might follow. It would be sensible to consult further on those measures.

[Will Quince (Colchester) (Con)]

That is certainly something I gave due consideration to when drafting the first incarnation of the Bill. I have huge sympathy with the points that the hon. Member for North Ayrshire and Arran made about flexibility. We have heard lots of very good representations from charities and different organisations in the field, but we have not heard from business. We have always said that we have to be fair to business and to those who have suffered this tragic loss.

[Kevin Hollinrake]

My hon. Friend makes a good point: we need to engage with all the stakeholders in the consultation to ensure we get it right. I heed the calls of many hon. Members, especially the hon. Members for Lincoln (Karen Lee) and for Washington and Sunderland West (Mrs Hodgson), who have made such points in previous debates.

If the hon. Member for North Ayrshire and Arran agrees to withdraw the amendment, I ask that she and other hon. Members work closely with officials and the Department to feed into the consultation, which will be held later this year to consider some of these points in more detail, including the period in which leave may be taken and how flexibly it may be taken. I am very sympathetic to a longer period, but I ask that we deal with it in that way.

[Laura Pidcock (North West Durham) (Lab)]

I echo the comments of the hon. Member for North Ayrshire and Arran. It is right that flexibility be given. Having listened to those comments, another consultation seems like a frustration. This is quite a simple ask. Grief can affect people in many different ways. It can manifest and culminate at different times for different people depending on their support network, what has happened to them and their child, and the delay of the trauma.

As noted in amendment 11, it is crucial that the parent or carer should not have to take those days concurrently, but could use them as they wished, in agreement with their manager. That is where we would achieve balance: the right would exist, but a manager would have to agree to those times.

When I was a team manager, one of my members of staff found out that her daughter had diabetes. We worked week by week on what the needs of the child were for getting to grips with that disease. That is where the balance could come. It is not too much of an imposition, just an ask for some flexibility.

Flexibility would undoubtedly be beneficial for the employer, because the employee would not just take a two-week block within two months of the trauma, after which they would be expected to return to work. The time could be used as a phased return, as has been mentioned, or stored up for when a particularly bad period arose, which would otherwise probably, and understandably, be taken as a sick day by that employee. I therefore think that this is a very reasonable amendment.

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[David Linden]

I beg to move amendment 2, in schedule, page 2, line 25, leave out from “to” to end of line and insert—

“(a) at least two weeks’ leave, and

(b) at least one day’s leave for the day on which the child’s funeral takes place.”

This amendment would ensure that the minimum period of parental bereavement leave is two weeks plus an additional day for the day of the child’s funeral.

I will not detain the Committee for too long. Amendment 2, in my name and those of my hon. Friends the Members for North Ayrshire and Arran and for Paisley and Renfrewshire North, would provide two weeks’ paid bereavement leave and one additional day dedicated for the child’s funeral. I am particularly grateful to CLIC Sargent, which has lobbied me and countless other hon. Members to table the amendment.

When I spoke to amendment 3, I referred to the sheer range of circumstances faced by parents. Amendment 2 was tabled in the knowledge that if the death of a child is unexplained, for example, there can be a longer period between death and burial or cremation. In Glasgow, there have been delays in post mortems due to hold-ups with the Crown Office and Procurator Fiscal Service.

Amendment 2 would give a bit more flexibility and acknowledge that the day of the funeral can be particularly stressful, busy and difficult. The funeral is in itself a milestone in the grieving process and should, in our view, be treated differently and more flexibly. To conclude, a number of charities, including CLIC Sargent, allow for an additional day for the funeral. On that basis I seek the support of the Committee.

[Kevin Hollinrake]

The point made by the hon. Member for Glasgow East is well made. What employer would ever refuse to allow a parent time off for their child’s funeral? Clearly, most employers will not; we know that through the research we have done. Nevertheless, we accept that we need to do more, because we accept that some employers are not reasonable and not compassionate.

I have great sympathy for the hon. Gentleman’s amendment. Clearly, in law all employees are allowed a day one right to take reasonable leave in whatever circumstance. These measures in the Bill are in addition to that basic right. We have said a number of times in this Committee that this is a signal to employers; it does not give all the answers for employers. People’s needs are different in such circumstances.

This is such a personal issue that we expect employers to be compassionate and considerate. We expect them to give the bereaved parents of a child time off for the funeral. Putting that into legislation would be difficult at this point, because of the fragility of private Member’s Bills. I politely ask the hon. Gentleman to withdraw his amendment and, at this point, we will leave it at two weeks.

[Laura Pidcock]

Forgive my ignorance—I have not been in the House that long. I cannot imagine anybody objecting to this provision, so I am not sure how not allowing it at this stage would scupper it at other stages. I ask that question humbly. Why would allowing it now make things difficult further along the line?

[Kevin Hollinrake]

The difficulties would be in redrafting legislation and ensuring consideration of the needs of employers. There are issues with HMRC to do with how payments are made and the ability to look at a single day, rather than two single-week blocks or a two-week block. It makes things more complicated for both the provisions and the regulations. I go back to the point about employers—the Bill is a signal to employers, although I absolutely accept what the hon. Lady is saying. Would any reasonable employer giver their employee time off for a funeral? The answer has to be yes.

[Will Quince]

rose—

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[Patricia Gibson]

The hon. Gentleman brings me back to earth with a bump; as everybody knows, nobody wants to be responsible for signing this Bill’s death warrant. I do feel strongly about this issue, but I will not do anything to jeopardise the Bill: the important thing is to get it on the statute books—if we have to have a bunfight later, we can.

I urge everybody to reflect on the value of this issue. I am an eternal optimist: if every single one of us agreed to the amendment, I would hope that the Treasury would look at it and say, “Well, this is the right way to go,” because of the weight of that agreement. Maybe I am an eternal optimist. I am walking on glass; I will not do anything to destroy the Bill. However, I would be very sad if the measure was not in the Bill—if not today, then at the end of the process. That is all I have to say.

[Kevin Hollinrake]

Like everybody in the room, I was moved by the fine speech and impassioned words of the hon. Member for North Ayrshire and Arran. A family that includes one of my closest friends lost their daughter, sister, niece and granddaughter in the most horrific of circumstances only a couple of years ago. I spent a lot of time with them through that process. Their child was 30, and their grief was no different from how it would have been at any other point in that child’s life. I quite understand what the hon. Lady is saying.

I have children either side of the line: a 21-year-old and 20-year-old, and a 14-year-old and 10-year-old, so I can see it from both sides. If I look at my own children—I would never want to contemplate the circumstances—there is a slight difference in dependency; I feel more responsible for the ones under 18. The hon. Lady spoke about everyone in the room, and we were all moved by what she said, but it is not just everyone in the room we have to consider. It is sad to say, because these things are not about money, but we have to consider the taxpayer.

The hon. Member for North West Durham cited some interesting figures that I was not aware of, but on a raw calculation the amendment would increase the cost to the taxpayer five or sixfold—the cost would go from £2 million up to about £12 million. Despite the fact that the taxpayer is picking up the tab for the statutory pay, there is a cost to employers because they have to cover the time off for the person. That is £1.4 million or £1.5 million, and it would go up to £15 million. Members may well argue—I might well agree—that that is a drop in the ocean compared with the grief that might be mitigated by the changes, but the amendment would mean going back to the drawing board and talking to the Treasury. It would fundamentally and fatally stop the Bill in its tracks, and we might not have time to bring it forward again.

I say to the hon. Member for North Ayrshire and Arran that the Bill is a signal to employers, as my hon. Friend the Member for Colchester said. That is key. The Bill does not do everything we would expect. I would expect any employer to give someone as much time off as they needed on full pay. That is what we have done in our business. With the Bill, we are trying to send a signal to the small minority of employers that are not compassionate, fair or understanding.

We have had a lot of engagement already with charities. None of them has said, “There should be no limit.” Some have suggested a slightly higher limit in certain circumstances, but no one has suggested having no limit, although we should not take that as read. That is an interesting point on some of the feedback we have had.

We have to consider employers in terms of cost and logistics. Members have understandably tabled a number of amendments. The hon. Member for North West Durham has tabled one on lifelong disability, and there are many different ways in which the legislation could be changed to improve it or to cover different circumstances. The amendment of my hon. Friend the Member for Colchester talks about children in full-time education. There are problems with the cut-off point and how the legislation would cater for that. The amendment would complicate the legislation.

I understand why Members have tabled the amendments, and I have a great deal of sympathy with many of them, but given the fragility and complexity of taking a private Member’s Bill through this House and the other place, I politely and respectfully ask them to withdraw their amendments so we can move the Bill forward.

[Laura Pidcock]

I just want to point out that the Library said in bold that these are “very crude” figures on the extension of age—otherwise it might not provide me with any research ever again. It has been pointed out before that not all those parents of children between nought and 40 would be in employment, so there would be some mitigation there. Perhaps an exercise can be done to work out on average how many people who die are of working age and have parents in the workforce, but that is not for now.

This strikes at the morality of the Bill. It has been mentioned that the Bill is about the tasks that need to be carried out after the death of a child or in that grieving period, but I agree with the hon. Member for North Ayrshire and Arran—I do not want to sound like a broken record—that this is about the recognition of grief, not just tasks, although grief can be exacerbated and it can be more difficult to heal and recover if people are not able to do the tasks that are part of the journey to recovery. I also agree that a child never ceases to be a child in their parents’ eyes.

I want to make a political point in what has, so far, not been a very political Committee: it seems so hard to get such things through the Treasury. We are scrabbling around, arguing and making the case for a 60-year-old worker to have two weeks off if their child is 30, but it seems so easy for the Treasury to do other things at the stroke of a pen. That is not the fault of the Bill or necessarily of this Government, but it seems that the system values some things much more than others, including employment rights.

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[Will Quince]

It seems greedy to table so many amendments on such an important subject: the inclusion of bereaved parents of stillborn babies. The amendments are probing because I want the Committee to give the subject due consideration. For Members who are not aware, a stillbirth is defined as a child stillborn after the 24th week of pregnancy. Anyone who suffers a stillbirth after 24 weeks is entitled to full maternity or paternity leave in the same way that any parent that loses a child who is technically born, who draws breath, is entitled to the same statutory paternity or maternity leave.

As the Bill is drafted, the parents of babies that draw breath would be entitled to statutory parental bereavement leave in addition to their statutory paternity and maternity leave, whereas the parents of stillborn babies would not. The Bill by its nature must have arbitrary cut-offs. We have just debated eligibility in terms of definition, and to some extent this is no different. There is currently a disparity between parents of a child who drew breath and those of a child who did not. Luckily, parents of all babies, whether stillborn or those who die neonatally, would be entitled to those rights afforded at present as part of the statutory maternity and paternity; the discrepancy is between a stillbirth and a live birth. There is a piece of work to be done on including parents of stillborn children, because at the moment there is an unfairness between them and those who lose a child neonatally.

There would be a financial implication from including parents who suffer a stillbirth as well as those who suffer a neonatal death, but it is worth considering nevertheless. For parents who lose a child neonatally, some would say, “Why should they get statutory paternity leave, because they are already entitled to their maternity or paternity rights?” I would argue that it would be bolted on in any event, but do not forget that a lot of parents—men in particular—may take paternity leave and lose their child after those two weeks. It is therefore right that fathers in particular should be entitled to those additional two weeks, and it should also be afforded to mothers in addition to their maternity leave. We should seriously consider including those parents who suffer a stillbirth in the scope of the Bill.

[Kevin Hollinrake]

I am not entirely clear about the protocol, so I will ask your advice, Mr Gray. At various stages of the Bill, we have heard moving stories about lives lost of both children who have lived and those who were stillborn. Of course, many of those stories have come from members of the Committee, such as my hon. Friends the Members for Eddisbury and for Banbury and the hon. Member for North Ayrshire and Arran. My hon. Friend the Member for Colchester made an impassioned contribution. If I may, I would like to listen to further remarks before I make my contributions and we decide on any amendments.

[The Chair]

Yes, it is perfectly in order to speak more than once.

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[Andrew Griffiths]

I hope I can give some comfort to the Committee. I begin by echoing the sentiments of my hon. Friend the Member for Thirsk and Malton and pay tribute to those who have had the strength and courage to share with us some very moving experiences. Any death is difficult to comprehend, and stillbirth is no different.

My hon. Friend included in the Bill a power to extend the entitlement to include the parents of stillborn children, and explained, very clearly, the rationale for doing exactly that. I have thought about this long and hard, and I am supportive of the rationale and the position. The reasoning, to my mind, was clear, coherent and sound. I just add that, by including stillbirth—which affects 3,300 children a year—more than 6,000 additional parents will be covered by the provisions in the amendment.

My hon. Friend the Member for Colchester was right to ask whether a line should exist in terms of the provision for a child who has been born still and a child who has taken a single breath and then died. What a conundrum, what a decision—to differentiate between the griefs of a parent whose child has taken a breath and one whose child has not. I speak as somebody who is eagerly awaiting that first breath. I cannot imagine the anguish and devastation that would come.

My hon. Friend was right to recognise that in asking that question. He did not have the answer, and therefore a delegated power was the most sensible option—I understand that. However, amendments have been tabled, and we have had the chance to further debate this, and I thank my hon. Friend in particular for the constructive way in which he has engaged with me, as the Minister, on the Bill, together with my hon. Friend the Member for Thirsk and Malton.

I have to say that the Government have changed their mind, and I have changed my mind. We have come to the point where we agree with my hon. Friend’s conclusion. Whether parents take time off is not a decision for any of us in this room to take; it is to be made by those in that position at the time. If they require the time, they should have the option to take that time. If they do not require that time, they do not have to take the time off. Following the decision of my hon. Friend the Member for Thirsk and Malton to accept the amendment, the Government accept it as well.

[Kevin Hollinrake]

I am very grateful to the Minister for his consideration. This is something that we have discussed much in our deliberations, both with Committee members and in the House at various stages.

Stillbirth was first brought to my attention because of my constituents Annika and James Dowson—my hon. Friends the Members for Banbury and for Eddisbury are very aware of their case—and their little daughter, Gypsy. They said they had never heard their baby cry, which must be a desperate state of affairs for anyone who has been through those tragic events. They directed their grief into a very positive campaign to raise money to fund a bereavement suite at Scarborough hospital. It is tremendous to see the resilience and determination that people show in these circumstances; I am not sure I could do the same.

Luke and Ruthie Heron are also constituents of mine. Their little son, Eli, was brought into this world at 23 weeks and six days. He lived for two days. He was stillborn. Had he not lived for those two days, it would have been defined as a miscarriage. This is being discussed in relation to legislation going through the House at the moment. I have constituents who have experience of this.

I am delighted that the Government have agreed to support the amendments. The hon. Member for North Ayrshire and Arran was the first hon. Member to table an amendment on the matter. I am sure that the Government’s support for the other amendment is a purely technical decision, not a political one—it is about drafting. They have done a tremendous job of ensuring that we get the legislation right, so that we do not suffer any negative consequences later on. I ask the hon. Members for North Ayrshire, for Glasgow East and for Paisley and Renfrewshire North not to press their amendments and instead to support the amendment tabled by my hon. Friend the Member for Colchester.

[Will Quince]

I place on record my huge thanks to my hon. Friend the Member for Thirsk and Malton. It is actually a bit of a surprise that the Government support my amendment, which I tabled relatively speculatively because there was a debate to be had. However, the fact that the Government have accepted the argument will be of huge benefit to the parents of the circa 3,000 children who are stillborn every year in this country. I hope that that number will go down year on year; the all-party group on baby loss is certainly working on that. I thank the Minister for his support and the hon. Member for North Ayrshire and Arran for her amendments, which are in a similar vein to mine and would have largely the same effect. We are all on the same page, so I thank all hon. Members for their cross-party support.

Amendment 25 agreed to.

Amendments made: 26, in schedule, page 4, leave out lines 29 to 35 and insert—

“80EE Application in relation to stillbirths

In this Chapter—

(a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and

(b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.”

This amendment extends the provisions about parental bereavement leave to bereaved parents of stillborn children.

Amendment 27, in schedule, page 4, line 37, leave out “, 80EE”.—(Will Quince.)

This amendment is consequential on Amendment 26.

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[David Linden]

We are coming to the end, so I will not detain the Committee for long. The amendments, which I tabled with my hon. Friends the Members for Paisley and Renfrewshire North and for North Ayrshire and Arran, address how long someone needs to have been with an employer to fall within the scope of the Bill. I understand the position of the hon. Member for Thirsk and Malton that employment eligibility provisions for bereavement pay should mirror those for paternity pay and leave. However, today of all days, when the Government’s response to the Taylor report has acknowledged that people are in precarious and short-term work, I would like to hear the Minister’s thoughts on reducing the eligibility requirement.

It strikes me that rather than introducing a provision that mirrors existing legislation, we have a unique opportunity not just to send a message, but to give ultimate protection, including to people who have not been with their employer for a continuous 26-week period. The Committee has already discussed cut-off points. We know that a number of things can happen to children; in the event of a sudden death, it would be a crying shame if the parent had been with their employer for 25 weeks and six days. I ask the Committee to accept our amendments.

[Kevin Hollinrake]

The hon. Gentleman makes a good case for why the circumstances he describes are different from most others. However, consistency is important from an employer’s perspective and certainly from a legislative perspective. Of course, grief cannot be measured in pound notes, but part of our responsibility when introducing legislation is measuring the cost. His amendment would mean our having to revisit the cost and impact for the taxpayer and the employer.

The hon. Gentleman put his case well. The proposal in the Bill is, in any case, a minimum signal; we would expect an employer to be just as sympathetic to someone in this situation in their first 26 weeks of employment as afterwards. We would expect employers to be sympathetic, and I ask the hon. Gentleman to be sympathetic to the most important task, which is getting the Bill through the House.

[Laura Pidcock]

I want to echo the sentiments of the hon. Member for Glasgow East and probe a bit further on this issue. I am obviously not going to talk about the Taylor review, but we want to think about day one rights. I am still not clear who will qualify for what. Were the amendment agreed, it would provide an exceptional right that could not be applied to other bits of legislation. I completely understand why holiday has to be accrued, but the provision is exceptional.

To ground the Committee, the right would apply to such a small amount of people in the grand scale of the population. It seems morally absurd that someone employed for 24 weeks, 18 weeks or even four weeks could not qualify. No one plans for their child to die. People take a job in the good faith that they can do that job. It would be remiss of us not to include the amendment. That is my feeling.

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[David Linden]

I beg to move amendment 1, in the schedule, page 7, leave out lines 4 to 6 and insert—

“(1) Statutory parental bereavement pay is payable at an employee’s full rate of pay.”

This amendment would remove the power to set in regulations the rate of parental bereavement pay. Instead, the employee would be entitled to parental bereavement pay at their full pay rate.

We come to the last amendment in this Bill Committee. I know that, as my hon. Friend the Member for North Ayrshire and Arran said, we have all been walking on glass to try to get to this point, and I will be brief. Amendment 1 would set statutory parental bereavement pay at the full rate rather than 90%. I am particularly grateful to CLIC Sargent, with which I have worked closely on this amendment. If hon. Members have not already seen it, I recommend the document “Cancer Costs: The financial impact of treatment on young cancer patients and their families”. There is a copy in the Library.

Currently, as we know, the Bill makes provision for parental bereavement leave pay to be the statutory flat rate or 90% average earnings, whichever is lower. We know from reading the report that having a child with cancer costs parents and they often struggle to meet those costs, particularly for funerals. Therefore it is my belief, and that of CLIC Sargent, that they should be entitled to full pay. I am particularly keen to hear what the Minister has to say about that. I guess this is probably more of a probing amendment, but it is just to say that we recognise that the exceptionally traumatic circumstances of the death of a child are really challenging. We often focus on the emotional aspect of that time, but particularly in the case of families where a child has had a life-shortening or life-limiting condition, there are costs to be borne after that as well. On that basis I seek the support of the Committee for amendment 1.

[Kevin Hollinrake]

I am grateful for the hon. Gentlemen’s submissions and the opportunity to debate this matter fully. As drafted, the Bill allows the rate of parental bereavement pay to be set in regulations at a fixed or earnings-related weekly rate. This secures the flexibility to change or increase the rate of pay in the future. Of course, the main aim of the Bill is to ensure that bereaved parents who need time away from work are able to take that time without fear of suffering detriment from their employer as a result. A survey has shown that businesses that responded already provide bereavement leave and most of these companies offer more generous terms than we are stipulating in this Bill, as we have said a number of times before.

As I was asked before, I will not revisit all the arguments I made before about trying to move this Bill forward as much as we can in its original form, to prevent the need for us to go back and revisit some of the calculations that inevitably have to be made to determine effects on the taxpayer and employers, which clearly are important considerations. In the interest of consistency and cost, and also continuity, in that we would like this Bill to continue its progress through this Committee and through the other stages that it needs to go through, to get through the House as quickly as possible, I politely and respectfully ask the hon. Gentleman to withdraw his amendment.

[Laura Pidcock]

I shall be brief. I probably will not speak again, so I want to place on record again my thanks to the hon. Member for Thirsk and Malton for this Bill and the passion and discipline that has been shown to try to get it through Parliament. I agree that something is better than nothing—for those in the grieving period, £148.98 is definitely better than £0 in a week—but I want to place on record that we must acknowledge that for the lowest paid, taking that time, just like going on to statutory maternity pay, has a financial impact and that exacerbates the difficult situation people may already be in. We also have to acknowledge that in the worst case situation, some people might not actually take that entitlement at all, because they could not afford the impact on their pay in that week. We have to acknowledge that, however brilliant the premise and skeleton of this is, it will exclude some people on the lowest pay for financial reasons.