Employment Rights

Laura Farris Excerpts

Tuesday 8th June 2021 Commons Chamber

[Paul Scully]

I have outlined what we are doing around fire and rehire. Extra and enhanced workers’ rights will come in the employment Bill. The workers the hon. Lady describes have recourse, through ACAS and employment tribunals, to take their employers to task.

[Laura Farris (Newbury) (Con)]

I welcome today’s announcement. My hon. Friend is quite right to point out the nuance in fire and rehire. Speaking as an employment barrister, I stress that the issue that we lawyers have had is that the employer is required to show only that it is a genuine reason—in other words, low profitability. They are not required to show that they have exhausted every other option, and I welcome the fact that that is now a devolved function of ACAS. Will he consider putting the last resort clause into primary legislation—either the Employment Rights Act 1996 or the new Bill—to give employees rights to go to tribunal?

[Paul Scully]

I thank my hon. Friend, as ever, for her considered response in this area, with the expertise that she brings to bear. Clearly, as I say, nothing is off the table. We are putting the guidance in place with ACAS, but we will look at more measures should we need to.