Terms and Conditions of Employment

Debate between Kevin Hollinrake and Chris Stephens

Tuesday 14th May 2024 Commons Chamber

[Kevin Hollinrake]

Why wait? Let us have the debate now.

The shadow Minister mentioned P&O, as did many other hon. and right hon. Members. Clearly, that was not a situation involving fire and rehire. There is an ongoing investigation, and we believe that P&O broke the law. Following that situation, we introduced the Seafarers Wages Act 2023 to ensure that any company that operates vessels in British waters will pay the national living wage, which will be an effective measure.

The hon. Member for Glasgow South West (Chris Stephens) described fire and rehire as an “evil practice”, which is not the right kind of language. There are situations where sometimes employers do the wrong thing by their employees, but most employers do the right thing. There are businesses that have no alternative other than fire and rehire in order to save the business and save jobs. To describe every situation involving dismissal and re-engagement as an “evil practice” is entirely the wrong kind of language.

[Chris Stephens]

The Minister is being typically generous in giving way. Surely dismissing people and re-engaging them on worse terms and conditions, and in many cases on lower wages—many multinational companies try to get away with that, and some did get away with it during the pandemic—is an evil practice.

[Kevin Hollinrake]

There are cases where these opportunities are abused—I do not deny that—but the hon. Gentleman is operating on the basis that it is the exception rather than the rule. It is our view, which he may disagree with, that the vast majority of employers do not treat their employees that way. There have been cases where a court has upheld the right of an employer to fire and rehire. Where the employer tries to restructure the company to save jobs, through a salary reduction of a few per cent. for everyone in the workplace, that is better than the business going down. The hon. Gentleman must see that there are some situations in which it is the only option for an employer, which operates in the interests of the wider workforce. It was the right thing to do in those situations. His describing it as an “evil practice” is wrong and misses the point, although there are abuses of the system, as he describes.

Post Office (Horizon System) Offences Bill (Instructions)

Debate between Kevin Hollinrake and Chris Stephens

Monday 29th April 2024 Commons Chamber

[Kevin Hollinrake]

I thank the hon. and learned Member for her point, and I heard the points she raised earlier. It is very clear that all that is required for someone to access the compensation is the overturning of a conviction, and that can be done by means chosen by the Scottish Parliament or the means that have been chosen by the UK Parliament. There will be identical access to the compensation schemes: it makes no difference by whatever mechanism those convictions are overturned.

As I said earlier, the Lord Advocate has said very clearly that

“It is important to recognise that in Scotland, there is an established route of appeal in circumstances such as this…and that due process must be followed.”—[Scottish Parliament Official Report, 16 January 2024; c. 14.]

She is of course entitled to that view. These are difficult political choices, which we have taken in defining the cohort criteria, and it is right that responsible Ministers remain accountable for those decisions. The buck stops here, and it must also stop with the Scottish Government.

[Chris Stephens]

I am confused at the inconsistency here, so perhaps the Minister could help us. The Government are putting through a Criminal Justice Bill that impacts on Scotland, which has required the Scottish Parliament to pass a legislative consent motion for that Bill. So if it is good enough for the Criminal Justice Bill going through this place, why is it not good enough for this Bill to go through this place?

[Kevin Hollinrake]

As I said earlier, Scottish Ministers have the responsibility and the means to be able to form this legislation. We think it is important that they take responsibility for their decisions in this area, given the nature of these issues.

Post Office (Horizon System) Offences Bill

Debate between Kevin Hollinrake and Chris Stephens

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Kevin Hollinrake]

I understand the hon. Member’s point. I can tell him from this Dispatch Box that it is something on which we will continue to have dialogue. I have talked to his colleagues today and yesterday. In fact, I met the First Minister, the Deputy First Minister and the Justice Minister yesterday to discuss these matters. They raised some interesting points that we need to take into account. I am very happy to keep those conversations ongoing, so I will happily have a further conversation with him after this debate.

[Chris Stephens]

The Minister is showing his customary politeness and kindness. He has outlined the discussions with Northern Ireland. The main issue is how we get a solution that satisfies everyone across these islands, so will he also have those discussions with the Scottish Government, particularly around the territorial issue, and will he say something about Asda employees in Scotland who are also caught up in this?

[Kevin Hollinrake]

I absolutely give the hon. Gentleman that assurance. We want everything to happen simultaneously. Our ambition is to get the legislation passed by July. If people choose the fixed sum award route, we can pay compensation rapidly. They have two choices of route to take. The £600,000 can be delivered very quickly—literally within weeks of passing the legislation. We want to pass the legislation by July; we could be paying compensation as quickly as by August. Exactly the same thing can happen in Scotland if the Scottish Government effect the legislation at the same pace. My officials are working with officials of the SNP-led Government in Scotland on a weekly basis to try to ensure that that is the case. I have met with my counterpart in the Scottish Government to talk about this issue.

I did not quite get the hon. Gentleman’s point about employees. He might want to intervene on me again, so I can address it properly.

[Chris Stephens]

A number of Members have mentioned, as I have, the particular issue of Asda employees in Scotland. Has the Minister thought about that?

[Kevin Hollinrake]

Employees generally are an issue, because they do not have a contractual relationship with the Post Office, which is required to enter the compensation scheme, but if the company itself did have one it could make a compensation claim that could then be passed on to that individual. I am very happy to discuss individual cases with the hon. Gentleman, or with other Members.

I pay tribute again to all the work of my hon. Friend the Member for Sutton and Cheam. I agree that this was a case of human failure as well as technological failure, and that the wheels of justice are moving too slowly. That is why we have stepped in in this way. I am always grateful for the work of the right hon. Member for North Durham, not least on the Horizon compensation advisory board. He has made some important recommendations, which we have adopted. He gave a four-legged analogy about the person I am: he called me more shire horse than show pony, which I take as a compliment. I would describe him in a four-legged way as well: he is a cross between a terrier and a rottweiler, and he is highly effective in the way he approaches this issue.

The right hon. Gentleman asked about convictions relating to pilot versions of Horizon. That is why we have set the date at 23 December 1996. That is the first point of the roll-out of an application called Pathway, which was a predecessor Horizon application. We think that the legislation, and therefore the redress schemes, capture—if I can use that word—cases that relate to the pilot schemes in clause 8.

As the right hon. Gentleman knows, we look at the Capture system slightly differently. Capture is a stand-alone spreadsheet rather than a network computer system. There is no remote access, for example. The key thing is that what we are doing here is exceptional and unprecedented. We have the body of evidence because it has been before a court. Part of the reason the court made its decision in 2019 was based on the Horizon issues, as it put it. We do not have that body of evidence with Capture. We are keen to talk to him to ensure that we look at the evidence. That conversation will continue.

The right hon. Gentleman talked about the power to make consequential provision. We do not see that as giving us the ability to include another group of people; there are different reasons why that power is in the Bill. It is for matters that are a consequence of the Bill, which we do not think is the right vehicle to include people, for example, who have been affected by the Capture system. As I say, we will continue to discuss that.

As I said earlier, we understand the arguments about Northern Ireland, and we will continue to engage, as we will with other Members of this House. In terms of reasonable steps, the process is in development. It is about marking the records and writing to individuals. When we have passed the legislation, we will write literally that day, or the next day, to those individuals to say, “You’re conviction has been quashed,” and we will give them details about how to claim compensation.

Draft National Minimum Wage (Amendment) (No. 2) Regulations 2024

Debate between Kevin Hollinrake and Chris Stephens

Monday 18th March 2024 General Committees

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I beg to move,

That the Committee has considered the draft National Minimum Wage (Amendment) (No. 2) Regulations 2024.

It is a pleasure to serve with you in the Chair, Mr Hosie. The purpose of these regulations is to raise the national living wage and national minimum wage rates on 1 April 2024. They were laid on 13 January and approved by the House of Lords on 12 March.

We are delighted to say that this uplift will see the achievement of one of our core pledges: for the national living wage to reach two thirds of median earnings by 2024. The target was set with the intention of ending low hourly pay, in line with the OECD definition, for those eligible. Now, on the 25th anniversary of the minimum wage, that target will be met—a genuinely historic moment.

We have achieved that on time, in spite of the difficult global conditions of the past few years—the huge economic impact of the pandemic, the shockwaves of the war in Ukraine and recent cost of living challenges. That is something that the Government, and every parliamentarian, should be proud of. Indeed, we should also be very proud of the contribution from businesses, who have obviously borne the greatest burden of paying it.

I will turn shortly to the detail of the regulations, but I will first thank the Low Pay Commission. We have once again accepted all of its recommendations for the national living wage and national minimum wage rates. Its diligent approach to conducting detailed analysis and carrying out a range of stakeholder engagement has continued to pay dividends, enabling the Government to strike the right balance in giving millions of workers a well-earned pay rise, without harming businesses—the lifeblood of our economy—or adversely impacting the balance of the UK’s labour market. I extend my thanks to all of the commissioners, including Bryan Sanderson, whose term as chair ended around the turn of the year. I look forward to continuing to work closely with the Low Pay Commission, including the newly appointed chair, Baroness Stroud.

Turning to the rates themselves, once these regulations have secured parliamentary passage, the national living wage will increase on 1 April to £11.44 an hour—a record 9.8% cash increase of £1.02. As well as hitting our goal of seeing the national living wage reach two thirds of median earnings, we are also delivering on our pledge to extend eligibility from workers aged 23 and over to those aged 21 and over. By including 21 and 22-year-olds in the national living wage, these regulations will put more money into the pockets of more workers.

Given that younger workers remain more susceptible to economic shocks, the national minimum wage rates for those under 21 years old will remain in place. However, in making its recommendations, the LPC noted that employment among workers aged between 16 and 20 has been strong in recent months, and that the previous large increases to the national living wage have widened the gap to those younger workers entitled to the national minimum wage at lower rates. We are therefore pleased to deliver a significant uplift to the other national minimum wage rates.

These regulations will increase the rate for 18 to 20-year-olds to £8.60 an hour—a rise of 14.8%, or £1.11. The minimum wage for workers above school leaving age, but under 18 years old, will increase to £6.40 an hour—up by £1.12, or 21.2%. The same applies to the apprentice national minimum wage rate, which applies to apprentices aged 19 and under or in the first year of their apprenticeship. The accommodation offset, meanwhile, which is a daily rate, will increase by 9.8%, or 89p, to £9.99.

The Government published a comprehensive impact assessment when these regulations were laid, including an equalities assessment. Hon. Members will note that this impact assessment has once again received a green, fit-for-purpose rating from the Regulatory Policy Committee. I also note that the net cost to business is £217 million per annum.

[Chris Stephens (Glasgow South West) (SNP)]

I am very grateful to the Minister for showing his customary politeness in giving way. In the impact assessment, I do not see any reference to UK Government employees. Does the Minister know how many UK Government employees will benefit from the provisions he is laying out today?

[Kevin Hollinrake]

I do not know that figure, but the hon. Gentleman raises an interesting point. He is not just talking about the overall number of Government employees—I do not know that number either—but the ones that are on national living wage. I am very happy to look at that, and I will be interested to hear his reflections later. Perhaps he will enlighten us on what he believes that number to be.

We estimate that three million workers will receive a direct pay rise as a result of this uprating. The increase to the national living wage will represent a boost of more than £1,800 to the gross annual earnings of every full-time worker on the national living wage compared with this year, and a boost of £8,600 compared with 2015, when the policy was first announced. To put that in context, when this year’s uprating comes into effect in April, the national living wage will be approximately 70% higher than in 2015. Meanwhile, the consumer price index has increased about 30%, so it has increased at over twice the rate of inflation.

Finally, I remind hon. and right hon. Members of one further important change we have introduced to the minimum wage regulations. The Low Pay Commission recommended that minimum wage exemption for live-in domestic workers, which the Employment Appeal Tribunal had found amounted to indirect discrimination against women, should be removed. Due to legislation we passed earlier this year, it will be removed from the statute book from 1 April, protecting more of the UK’s vulnerable workers from exploitation.

We recognise that businesses and workers alike remain keen to hear about the future of the minimum wage. I can therefore confirm that we will be publishing the 2024 remit to the LPC shortly. The remit will ask it to provide recommendations for the national living wage and national minimum wage rates to apply from April 2025. The Government and the LPC will continue to monitor closely the impacts of these increases on the economy, and carefully consider our future ambitions.

--- Later in debate ---

[Kevin Hollinrake]

I am purely responding to the points that the hon. Gentleman raised, to try to make him understand there is a balance to be struck in the economy between jobs and pay. That is the balance we are trying to strike.

The hon. Gentleman and the SNP spokesman, the hon. Member for Glasgow South West, made points about enforcement, which we take very seriously. We have doubled the compliance budget between 2015-16 and today to £27.8 million. We have ordered employers to reimburse £100 million to 1 million workers. We take this very seriously.

The naming and shaming scheme was suspended during covid. I understood why, but I was very keen to reintroduce it. It is the principal deterrent. I reassure the hon. Member for Ellesmere Port and Neston and other members of the Committee that, whenever we are about to do a naming round, we write to all the employers and tell them that they are going to be named. We get a lot of push-back, and we push right back again. There is no excuse for not paying the minimum wage. We have named a total of 3,200 businesses since 2013, including more than 500 just last month.

The hon. Gentleman raised the point about the vacancy in the Low Pay Commission. We are actively seeking candidates for that; if anybody is out there listening, I am very happy for them to come forward. I am very confident that new chair Baroness Stroud will do a fantastic job.

The SNP spokesman said that he wants a higher living wage, which I completely understand. He is very willing to nail his colours to the mast, unlike the Opposition, about where he thinks that should be, but I gently push back to him as well on the balance we need to strike here. The hospitality sector in Scotland is struggling as well as ours, and others are too. We must make sure we get that balance right. I have to say that in Scotland the failure rate in hospitality is even worse, being 30% higher than it is in England. That is partly down to the fact that Scotland has not passed on the rates money for those hospitality businesses, as has been done in England. The average pub in Scotland is £15,000 a year worse off because of that policy.

[Chris Stephens]

Surely, the big problem in the hospitality industry is the fact that worker after worker is being discriminated against in that industry. Zero-hours contracts are rampant—people turn up for a shift and they are told the shift has been cancelled. Surely that is the big problem. The Minister is not seriously defending bad employers, is he?

[Kevin Hollinrake]

I would never do that; as a former employer myself, I would never do that. However, I do not accept the picture that the hon. Member paints. The hospitality sector is a fantastic sector in this country, with many good businesses and many good employers. For him to trash the reputation of the sector in that way, saying that zero-hours contracts are “rampant” in the sector—I think that he should just check his language. That sector does a fine job under very difficult circumstances, and the circumstances are far more difficult in Scotland.

Regarding the Low Pay Commission, the hon. Member made the point about younger workers on lower pay. That is a very fair point; he raises it time and again. It is our position and the position of the Low Pay Commission that younger people are more susceptible to a weaker labour market. That is why we have different rates. I declare my interest—I have daughters of that age who earn the lower rates of the minimum wage and I am very happy that that is the case, because I would rather that they had a job than no job at this point in time.

The minimum wage and the national living wage are floors, not ceilings. If good employers pay more, and many do, clearly we welcome that.

I will just conclude—

[Chris Stephens]

Before the Minister concludes, can he answer this question about UK Government employees? How many of them are on the national minimum wage? Can he say whether the Government have a plan to deal with that situation?

[Kevin Hollinrake]

As I said before, I do not know the answer to that question; if the hon. Gentleman wants to put down a written question on the subject, we can give him an answer to it by separate means.

This debate is an important reminder of the good that Government can achieve—a sentiment that I am sure will be echoed by Committee members. I thank the Low Pay Commission once again for its advice this year, which has been as expert as ever, and I commend the regulations to the House.

Question put and agreed to.

Resolved,

That the Committee has considered the draft National Minimum Wage (Amendment) (No. 2) Regulations 2024.

Post Office Ltd

Debate between Kevin Hollinrake and Chris Stephens

Monday 29th January 2024 Commons Chamber

[Kevin Hollinrake]

That is certainly of concern to the Government as well. The inquiry is there to ascertain exactly who did what, or who did not do anything when they could have done something. The Met police will conduct investigations and take forward prosecutions wherever they choose. That is not something we seek to influence, although as I have said from this Dispatch Box before, I would welcome somebody being charged or criminal charges being brought against somebody for what has happened in this horrendous scandal.

[Chris Stephens (Glasgow South West) (SNP)]

The family members of a terminally ill constituent came to my surgery in Corkerhill on Friday; that person was a shopkeeper in the highlands who, like so many, were caught up with unexplained shortfalls in Horizon totals, and although that did not lead to criminal action, they paid up to avoid trouble—often borrowing from other sources to do so. Can the Minister tell us whether work will be done to ensure that we know exactly how much in excess the Post Office claimed through all Horizon errors? Can he also tell me in general terms how he will ensure that those who are terminally ill get the justice and compensation they richly deserve?

[Kevin Hollinrake]

I am sorry to hear about the hon. Member’s particular case. The most important thing we can do is to get compensation to those people as quickly as possible. We have the first scheme that was implemented, which sounds as though that is the right one for his constituent—the historical shortfall scheme. I assume they have made an application to that scheme, and they should be compensated accordingly. About 2,400 people applied on time; 100% have received offers and 84% have accepted those offers. That is a route to compensation. On the excess, we are very keen to find out exactly where that money went, and how it was dealt with when it did appear in some kind of suspense account. That is something we are working on, but we are certainly keen to make sure people are compensated. It is the most important thing we can do right now.

Horizon: Compensation and Convictions

Debate between Kevin Hollinrake and Chris Stephens

Monday 8th January 2024 Commons Chamber

[Kevin Hollinrake]

To answer: yes, yes and yes. Yes, we want a rapid legal process, and that is exactly what we are discussing today. I am keen to deliver that as quickly as possible. The Post Office has stopped prosecuting—it has not prosecuted since 2015—but the Justice Secretary will look at the wider aspects of private prosecutions. My thoughts on Paula Vennells are exactly the same as my hon. Friend’s. It is a perfect opportunity for her to hand back her CBE voluntarily. Further down the line, if the Williams inquiry is able to assign blame, other potential avenues could be taken.

[Chris Stephens (Glasgow South West) (SNP)]

One of the most chilling parts of the dramatisation revealed that dozens, if not hundreds, of people were told, “This is only happening to you. You are the only one who is reporting a problem with this system.” It is safe to assume that someone, or some individuals, oversaw and dreamt up that particular corporate spin. May I push the Minister further, and ask whether he agrees with many in the House that the Government now need to recover the bonus payments made to the executives who oversaw that corporate lie?

[Kevin Hollinrake]

I agree with that description. The dramatisation was indeed chilling, not least that part of it. It made you feel physically sick to keep hearing those words spoken to individual postmasters: “It is only happening to you.” That was very disturbing, and it clearly must have been a corporate position.

I share the hon. Gentleman’s ambition when it comes to what he regards as sanctions, and indeed other sanctions that are applicable, but I think we need to follow a process, particularly in respect of individuals. We believe that the best route towards identifying who is responsible and holding those people to account for what they did is Sir Wyn Williams’s inquiry.

Draft Code of Practice on Reasonable Steps to be taken by a Trade Union (Minimum Service Levels)

Debate between Kevin Hollinrake and Chris Stephens

Monday 27th November 2023 General Committees

[Kevin Hollinrake]

I cannot speak on behalf of my colleagues, but I kept doing my daily job, as I am sure the hon. Member did.

[Chris Stephens (Glasgow South West) (SNP)]

Will the Minister give way?

--- Later in debate ---

[Kevin Hollinrake]

I have not finished responding to the intervention from the hon. Member for Glasgow East. I kept on doing my daily duty, as I am sure the hon. Gentleman did. I will make a little progress, if I can.

The Strikes (Minimum Service Levels) Act 2023 amends the Trade Union and Labour Relations (Consolidation) Act 1992 to enable regulations to be made specifying minimum service levels and the services to which they apply. Where minimum service levels regulations are in force, if a trade union gives an employer a notice of strike action under section 234A of the 1992 Act, the employer may issue the trade union with a work notice that identifies persons who are required to work and the work that they are required to carry out during the strike to secure minimum levels of service.

[Chris Stephens]

The Minister mentions employers. For reasons that are unclear to me and perhaps beyond my understanding, we are discussing only one piece of delegated legislation today. Where is the code of practice for employers, and when is it likely to come before a Delegated Legislation Committee?

[Kevin Hollinrake]

We did not think it necessary to develop a statutory code of practice for employers, but we are producing guidance for employers on how they can comply with their regulations and engage with their workforce in such situations.

To comply with section 234E of the 1992 Act, which was inserted by the 2023 Act, trade unions should take reasonable steps to ensure that their members who are identified in a work notice comply with that notice and do not take strike action during the periods in which the work notice requires them to work.

--- Later in debate ---

[Chris Stephens]

The right hon. Gentleman is correct. The Conservative party never forgave the trade union movement for defeating the Heath Government in the ’70s. It still remembers. As my hon. Friend the Member for Glasgow East said, it has not legislated for Government Ministers. When they decided to go on strike—when they all walked out together—they did so without a ballot, let us remember. That was inconveniencing the public, was it not?

[Kevin Hollinrake]

I just want to point out that there is a difference between going on strike and resigning, though the hon. Gentleman might not understand it. There are no restrictions in the code or anywhere else that stop someone from resigning, which is what those Government Ministers did.

[Chris Stephens]

I think the Minister will find that it was co-ordinated action and that, unlike trade union action, no ballot was required.

Oral Answers to Questions

Debate between Kevin Hollinrake and Chris Stephens

Thursday 29th June 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

T5. I welcome the Scottish Government’s recent announcement that workers’ rights will be a key element of a written constitution when Scotland becomes an independent nation. That is in stark contrast to this place, where this Government have legislated for only seven of the 53 recommendations of the Taylor review. When will they legislate for the other 46?

[Kevin Hollinrake]

We are taking forward a number of reforms, as the hon. Member is aware. There is a private Member’s Bill, the Employment Relations (Flexible Working) Bill, which includes a day-one right to request flexible working, as well as the right to request predictable terms and conditions, which is one of the recommendations of the Taylor review. I think he should welcome those kinds of measures.

Strikes (Minimum Service Levels) Bill

Debate between Kevin Hollinrake and Chris Stephens

Consideration of Lords message
Wednesday 21st June 2023 Commons Chamber

[Kevin Hollinrake]

Not at all. There will be further scrutiny of the minimum service levels when they are brought forward, in the usual way that legislation passes through this House. Those regulations will be considered by both Houses.

[Chris Stephens (Glasgow South West) (SNP)]

In response to the hon. Member for Edinburgh West (Christine Jardine), the Minister indicated that the Government agree with the right to strike and want to protect it. However, rejecting Lords amendment 4B does not do that, because the consequence would be that employers would have the right to dismiss a worker taking part in industrial action, with no recourse to a tribunal. How does that protect the right to strike action?

[Kevin Hollinrake]

Because it requires people who are named in a work notice to turn up for work, which is common in other jurisdictions that use minimum service levels in order to ensure that the public can go about their daily lives and businesses continue to operate. It does not interfere with that ability.

Strikes (Minimum Service Levels) Bill

Debate between Kevin Hollinrake and Chris Stephens

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Kevin Hollinrake]

We believe that it does. The ILO endorses the use of minimum service levels to make sure that the provision of public services is maintained during periods of industrial action. We are happy with our position on that.

We resist Lords amendments 4 to 7 on the principle that the Government have a duty to pass effective legislation. It is regrettable that Opposition Lords have sought to undermine that principle. Lords amendment 4 would mean that there were no consequences for a worker who did not comply with a work notice. The Government disagree with the amendment, as without those consequences, employers would be powerless to manage instances of non-compliance, and strikes would continue to have a disproportionate impact on the public. That would severely undermine the effectiveness of the legislation. Given that the amendment would make the Bill ineffective, as I suspect the Opposition intended, the Government cannot support it.

[Chris Stephens (Glasgow South West) (SNP)]

It looks as though the unelected House has a better understanding of what happens in the workplace than the Government do; that should worry the Minister. Can he name other countries where a worker could be dismissed in such circumstances?

[Kevin Hollinrake]

In some countries, such as those I referred to earlier, strikes are banned completely for those working for some blue light services. We already have that situation in the UK for the armed forces, prison officers and the police. There would be a breach of contract if people in those positions were to strike.

--- Later in debate ---

[Kevin Hollinrake]

I thank all Members, on both sides of the House, for the robust debate we have had as the legislation has passed through both Houses. It is fair to say that the discussion and debate about the legislation has pretty much divided along party political lines. Our position is that this legislation strikes a balance between the right to strike and the right of the public to go about their daily business and daily lives.

It is also fair to say that we could have chosen an option that went much further. As I said earlier, the USA, Australia and Canada have completely banned strikes in certain sectors, prohibiting them completely. Spain and Belgium have similar legislation on minimum service levels. Indeed, in France there are penalties of up to six months in jail for anyone who is under a requisition notice to return to work.

It is interesting that many Opposition Members have talked about restricting the right to strike. Well, we already restrict the right to strike for the armed forces, the police and prison officers. Will Opposition Members repeal that legislation to allow people who work in those parts of our society to strike? There are already some restrictions; we are putting in place sensible restrictions that are already in place in many other countries.

The guidance from the International Labour Organisation says:

“A minimum service may be set up in the event of a strike, the extent and duration of which might be such as to result in an acute national crisis endangering the normal living conditions of the population.”

It is clear the ILO supports the kinds of measures we are putting in place. I have heard Opposition Members say that no one wants this legislation but interestingly, when surveyed, 56% of the public say that they do, against 31% who do not.

Earlier today, the deputy Leader of the Opposition tweeted her support for the 121 politicians who have condemned the Bill. May I gently urge her to look at some of the people who signed that letter? Some of those signatories are anti-Zelensky, anti-Ukraine, anti-Israel and pro-Russia. I urge her to look at that again and withdraw her tweet.

We believe the legislation strikes the right balance between the right to strike and the rights of the public to go about their daily business and protect their livelihoods. There have been over £3 billion of costs to our economy because of these strikes, which is putting many businesses and many jobs in danger. The Bill presents a fair balance between the rights of workers and the rights of the public.

[Chris Stephens]

The Minister is generous in giving way. He mentions balance. Can he tell me what is balanced about a piece of legislation, which he supports, whereby an employee who does not get a work notice can be dismissed?

[Kevin Hollinrake]

There have to be measures that employers can use to make sure people comply with the work notice—that is how it works in many other countries. The reality is that nobody will be sacked as a result of the legislation. There are other disciplinary measures that can take place. We already have derogations in place on a voluntary basis that do not always prove ineffective. We are formalising the process to allow these measures to take place in other vital public services.

The amendments would make the legislation ineffective, which is why I urge all Members on both sides of the House to vote with us and disagree with the amendments.

Question put, That this House disagrees with Lords amendment 1.

Unpaid Work Trials

Debate between Kevin Hollinrake and Chris Stephens

Wednesday 29th March 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

It is a pleasure to speak with you in the Chair, Mr Hollobone. I congratulate the hon. Member for Glasgow South (Stewart Malcolm McDonald) on introducing this important debate, and on his persistence. I think it is his seventh year of talking about this issue. He rightly feels strongly about it. He, like me, the rest of Government and probably every parliamentarian, absolutely believes that people who are at work should get paid the national living wage. I am delighted to be the Minister responsible for national living wage policy and workers’ rights.

Broadly, I agree with the points the hon. Member made. As others have said, if employers are engaging in the behaviour to which he referred—I accept that there is some evidence that some are—that is a scandalous practice. It is absolutely our case that all workers should be fairly rewarded for their work. Most people think that. Who would not agree with the point that a fair day’s work should mean a fair day’s pay? We are all on the same page on that.

We are also all on the same page on a related and very important point. As Minister responsible for national living wage policy, I am pleased to see the largest ever increase to the national living wage: a 9.7% increase to £10.42. That applies from Saturday. It is great to see it go over that £10 mark. Some 2.9 million people across the country will benefit from that measure, including 210,000 in Scotland and 160,000 in Northern Ireland. It is a very welcome move.

We should pay tribute to the vast majority of businesses and employers who—I think we all agree—are decent, do the right thing and do not engage in these scandalous practices. It is really important that we reiterate that, as well as the fact that lots of businesses are already struggling in the cost of living crisis, not least because of high energy bills, for example. They are suffering because of numerous cost pressures, and their paying this increase in the national living wage will not only affect the people on the bottom rung of the pay ladder, but have a knock-on effect on others in their workforce. We are determined to build the high-skill, high-wage economy that most people would like to see.

We have further ambitions. We want the national living wage to reach two thirds of median pay by 2024. That remains our ambition. It is the right thing to do. We are putting in place other measures that reinforce our point that we are absolutely protecting and indeed strengthening workers’ rights. The hon. Member for Glasgow South West (Chris Stephens) made an interesting point about finding parliamentary time; we are effectively finding parliamentary time for a number of pieces of legislation, including six private Members’ Bills for which I am personally responsible. Those Bills include measures to ensure workers get full allocation of tips and service charges; to protect neonatal care for new parents who have difficulties with a newborn, ensuring more leave—up to 12 weeks; to entitle everybody to at least a week’s carers’ leave, which could help many people in the workplace look after dependent relatives; and to ensure redundancy protections pre and post maternity, which, again, is a welcome change.

A further change, and a key measure in the Taylor review, to which the hon. Gentleman referred, is the right to request predictable terms and conditions. It will give people on, for example, zero-hours contracts the right to request predictable hours. We support legislation on that, and on making flexible working something that people have the right to request on day one. Those are all things that we are doing to strengthen workers’ rights and make the workplace more attractive.

[Chris Stephens]

I have been listening to the Minister very carefully, and I welcome what he says about the right to request, but a right to request does not necessarily mean that the right will be given. Will the Minister talk about how he intends to enforce that legislation, and increase enforcement around unpaid work trials?

[Kevin Hollinrake]

I do not want to get too distracted from the issue at hand, but I am happy to address that point in detail afterwards. We think those measures strike a balance. The recommendation from Matthew Taylor was not that there be a right to insist; it was the right to request. The employer could reject that request only on one of eight grounds, and in doing so, has to adhere to a process. We think that strikes a balance and meets the needs of businesses. For example, businesses can refuse a request in order to ensure that they have the right customer service availability and are not put under an undue burden. Those criteria have been set out, and I am happy to have that discussion with the hon. Member after the debate.

On the issue that the hon. Member for Glasgow South raised, there are two things that the Government would question about his policy: is it necessary, and what is the extent of the problem? It is important that we reflect the actual extent of the problem. He said that there is £3 billion of unpaid work; clearly that is a different issue. Following my intervention, he clarified that unpaid work trials are an element of that. The figure of 29% is also about unpaid work; the hon. Member for Glasgow South West said that among the 29% of employers that use unpaid work, work trials were a factor. The extent of the problem is not clear. I would describe people who are abusing the system as rogue employers, rather than something to benchmark.

Anybody who is defined as a worker should receive the national living wage. We updated the guidance in 2018, probably prompted by the work of the hon. Member for Glasgow South. The guidance is clear on the time that someone is allowed to have a work trial for. It says:

“in the Government’s view an individual conducting work in a trial lasting longer than one day is likely to be entitled to the minimum wage in all but very exceptional circumstances”.

Employment tribunals, for example, have a basis on which to make a judgment, and there are other bases.

--- Later in debate ---

[Kevin Hollinrake]

I thank the hon. Gentleman for all the good work he does in this House. In all the debates he speaks in, he is a champion for doing the right thing. As he said, we have been on the same side of the fence in debates on many occasions, and I am sure that will continue despite my ministerial position. I will come back to both of those points shortly.

Six different criteria apply in deciding whether an unpaid work trial is appropriate. The first is the length of time. The trial should be no longer than a day. Observation is another: is the employer observing, or is somebody just working unobserved? Other criteria relate to the nature of the work, and the value to the employer—is there a value to that work? That would be inappropriate. If the worker is observed, the work would have less value, because somebody has to observe them, and they might as well be doing the work themselves. All those things are taken into account in judging whether that shift should be paid.

There are reasons for having an unpaid work trial; for example, a teacher might be required to do a model lesson. It might be appropriate to ask teachers who are being interviewed to show what they would do in the actual situation. It would not be right to ban the practice altogether.

On having more specific guidance, which the hon. Member for Glasgow South mentioned, the problem is that being too specific in guidance could result in a race to the bottom by some employers—something that he is looking to clamp down on. If we said, “This categorically is the perimeter of work trials,” rogue employers may well take advantage. There needs to be a balance of judgment, rather than exact criteria.

The Government think that work trials can be a legitimate recruitment exercise at times, which is why we are not legislating in this area and do not intend to. I know the hon. Member disagrees, and I respect his opinion, but we do not think it is right to legislate further in this area. What we already have strikes the right balance.

[Chris Stephens]

On the one hand, the Minister says that the Government do not collect data, and on the other, he says that legislation is not necessary. That seems a bit confusing to those of us in the House who study these matters. Before the Government decide whether to legislate, would it not be better to do some investigation into the root of the problem to see how widespread it is?

[Kevin Hollinrake]

Of course, we will always look at information and evidence. As parliamentarians, we get information and evidence from lots of different sources, but we tend to work by seeing where there is obvious detriment and therefore loopholes that we need to close. I do not think it is practical for the Government to look at every single problem and then decide where to legislate; it is usually the other way round. I think we disagree on that, but we will always look at information. If the survey was updated and specified unpaid work trials as an issue, the hon. Gentleman would have a more compelling case.

On uniforms required for a place of work, deduction of the cost of the uniform should not take a person’s earnings below minimum wage. If it did, the employer would be guilty of an offence under the National Minimum Wage Act 1998. It can be appropriate for an employer to say that there is a uniform that an employee must wear, at the employee’s cost, but that must not take that employee below the minimum wage.

Oral Answers to Questions

Debate between Kevin Hollinrake and Chris Stephens

Thursday 23rd March 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

T8. In all the discussions about the Post Office, the Minister did not mention meeting the trade unions. Is he aware of current research by the Communication Workers Union on the opportunities to develop the role of the Post Office and postal workers within the communities of Scotland? Will the Minister engage with the trade unions to discuss the work of protecting post office services across these islands?

[Kevin Hollinrake]

I have met CWU representatives. I am always keen to listen to new ideas on how we make the post office network more sustainable, so yes, I am absolutely willing to do that. Perhaps the hon. Gentleman will put them in touch with me.

Strikes (Minimum Service Levels) Bill

Debate between Kevin Hollinrake and Chris Stephens

Committee stage
Monday 30th January 2023 Commons Chamber

[Kevin Hollinrake]

Clearly, there is a wider context for children. It is about services and safety—those are both contexts in this—as well as livelihoods. All those things are affected when people do not provide a minimum service level.

[Chris Stephens (Glasgow South West) (SNP)]

rose—

[Kevin Hollinrake]

If I may, I will respond to the question from the hon. Member for Kilmarnock and Loudoun (Alan Brown). All those things are affected when there is a universal strike. The Bill is about guaranteeing a minimum service level.

--- Later in debate ---

[Kevin Hollinrake]

This legislation is subject to parliamentary scrutiny. This is the Parliament of the United Kingdom: it has every right to legislate. We believe this is needed across Great Britain, and industrial relations are clearly reserved to this Parliament.

[Chris Stephens]

Will the Minister give way?

[Kevin Hollinrake]

No, I will move on.

As we have made clear, we hope not to use the powers in the Bill if adequate voluntary agreements are in place where they are necessary. However, we cannot continue to rely on existing legislation or voluntary arrangements to help protect the lives and livelihoods of the people we represent. The public and workers reasonably expect the Government to intervene to protect people’s lives and livelihoods, and that is what we are doing by ensuring that essential services continue, even while workers are exercising their right to strike.

Question put and agreed to.

Clause 1 ordered to stand part of the Bill.

Clauses 2 to 4 ordered to stand part of the Bill.

Clause 5

Commencement

Amendment proposed: 32, in clause 5, page 2, line 15, at end insert—

“(2) But no regulations may be made under this Act or the Schedule to this Act before the Secretary of State has laid before Parliament statements of consent to the Act from—

(a) the Scottish Parliament,

(b) Senedd Cymru, and

(c) the Greater London Assembly.”—(Alan Brown.)

The intention of this Amendment is to prevent the Act coming into operation until after consent to the Act has been obtained from the Scottish Parliament, Senedd Cymru and the Greater London Assembly.

Royal Mail and the Universal Service Obligation

Debate between Kevin Hollinrake and Chris Stephens

Thursday 12th January 2023 Westminster Hall

[Kevin Hollinrake]

As the Minister concerned, clearly I will vote in favour, as the hon. Gentleman would imagine, but let us have a good debate about that on Monday. I spoke to one of the hon. Gentleman’s colleagues, the Chair of the Business, Energy and Industrial Strategy Committee, the hon. Member for Bristol North West (Darren Jones), today, and he said he was very supportive of a minimum service level, so we should not draw battle lines on this issue simply on party political grounds. But perhaps we should have a go at debating that on Monday.

The importance of the universal postal service is a key element of today’s debate, as mentioned by many hon. Members, including my right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale, my hon. Friend the Member for Wimbledon (Stephen Hammond), and the hon. Members for Reading East (Matt Rodda), for Luton South, for Wansbeck (Ian Lavery) and for Ilford South (Sam Tarry). Our objective continues to be the provision of a financially sustainable and efficient universal service that meets the needs of users, within an open and competitive postal market. That is why the six-day-a-week, one-price-goes-anywhere, universal service remains at the heart of the regulatory regime, and why Ofcom has a primary duty to secure its provision.

My hon. Friend the Member for Wimbledon asked what I am doing to make sure that Ofcom meets its responsibilities. I met the head of Ofcom and other members and pointed out very clearly its role as a regulator, and in ensuring that this service continues.

To be completely clear, the Government currently have no plans to change the statutory minimum requirements of the universal postal service, which are set out in the Postal Services Act 2011.

[Chris Stephens]

I take what the Minister says in good faith, but could he maybe just respond to some of our concerns about the actions of Royal Mail and the proposed takeover from Vesa Equity? While the Government are saying that they want to keep the six-day service, Royal Mail management and some of its shareholders seem to be trying to do something completely different.

[Kevin Hollinrake]

The hon. Gentleman raises an important point. I will come on to the Vesa point later, but set out in the legislation, from back in 2011, there is a clear and transparent process for how any changes to the universal postal service should be considered. That was coalition legislation. Any such change would need to be made through secondary legislation and be agreed by Parliament. We would also expect Ofcom to consult with all stakeholders. Our position has been very clear in my meetings with Royal Mail and Ofcom: we think that the six-day service should continue.

Ofcom has a monitoring regime in place to identify any risks or threats to the universal postal service. Since 2012, it has published an annual report setting out key data and trends in the postal sector, the impact of the changing market dynamics on UK postal services, and Royal Mail’s performance. Royal Mail is clearly facing some challenges, particularly given the long-term decline in letter volumes and the currently challenging economic backdrop, but I have yet to receive any convincing case for a need to change to meet users’ needs and to ensure the financial sustainability of the universal postal service.

A number of hon. Members, including my hon. Friend the Member for Wimbledon and the hon. Member for Jarrow, raised a point about large business owners and the impact on large businesses, such as those that produce magazines and the like, and how they would be impacted. We would fully expect their needs to be taken into account, in terms of user needs’ surveys. The hon. Member for Reading East talked about the impact on small and medium-sized enterprises—something that is very important to me personally—and making sure that they can get marketing messages out to communities across their target areas.

I have made it clear to Royal Mail that it needs to make any case for change to Ofcom and that I will fully consider any advice the regulator gives me on the future scope of the universal postal service.

Hon. Members have understandably raised concerns about Royal Mail’s service delivery performance. The hon. Member for Liverpool, West Derby (Ian Byrne) and my hon. Friend the Member for Wimbledon both raised that point. It is true that the business has faced increasing pressures over the last few years, not least the coronavirus pandemic and the industrial relations dispute with the Communication Workers Union. There have been impacts on the business and the users of postal services. It is regrettable to see postal services disrupted due to strike action and to see the impact that that is having on consumers, businesses and other users.

We are not involved in the negotiations, given that Royal Mail is a private company. However, we are monitoring the dispute closely and have urged Royal Mail and the CWU to reach a resolution as soon as possible. I know there are ACAS talks right now and there will be no further strikes until 20 January, until the talks have concluded. I very much hope that the talks will prove successful.