“Chapter 4A

Lola McEvoy Excerpts

Tuesday 11th March 2025 Commons Chamber

[Lola McEvoy (Darlington) (Lab)]

Will the shadow Minister give way?

Employment Rights Bill

Lola McEvoy Excerpts

Tuesday 11th March 2025 Commons Chamber

[Mrs Russell]

I need to highlight to the House that I am a member of the Community and USDAW trade unions, and I refer the House to my entry in the Register of Members’ Financial Interests. I would like to speak to various bits of this legislation today. There is so much in it, and I know that so many of us on the Government Back Benches are really pleased with what we are bringing forward.

The first part of the legislation that I want to address is clause 22, which will bring forward in future legislation more protections for women who are pregnant, on maternity leave and in the period immediately following their maternity leave. I have spent the past 13 years representing large numbers of women who were either made redundant while pregnant, on maternity leave or trying to come back from maternity leave, or whose employer suddenly woke up one morning and decided that they were underperforming, often within 24 hours of their announcing their pregnancy. I had a client who had been headhunted and brought into the company, was totally stellar, doing incredibly well and got promoted, but then announced her pregnancy and within a week she was on a performance plan. HR explained to her that because they were, you know, kind and did not want to do that to her while she was pregnant, they were very generously offering her a settlement agreement so that she did not have to go through that.

Lots of perfectly decent people do not understand why they are losing their jobs, and it is because they are pregnant. Pregnant Then Screwed found that 12.3% of women who have had a baby have either been sacked, constructively dismissed or made redundant while pregnant, on maternity leave or within a year of their maternity leave ending. It is a widespread problem, so it is fantastic that the Bill contains clause 22, which will allow the Minister to bring forward steps to expand the available protections. I would like to know how quickly we can do that, because pregnant women out there need that protection literally today.

[Lola McEvoy]

My hon. Friend, who has great expertise in this area, is making an eloquent speech. Does she agree that dismissals of pregnant women or new mothers are dramatically under-reported because of the use of non-disclosure agreements in a lot of companies while they are taking action against them?

[Mrs Russell]

I could talk about NDAs at some length, but I do not have time to today. They are definitely problematic, and they are definitely concealing the extent of the problems that women suffer when they announce their pregnancies.

The second element I like in the legislation is the improvements to the right to request flexible working. Those on the Conservative Benches have questioned why we would do this. The answer is that the term “part-timer” is still a term of abuse in this country. While that is still something that people say fairly regularly within workplaces and popular parlance, we still have a problem, so this legislation should help to improve that.

Conservative Members have talked a lot about clause 17 and the third-party harassment elements, and it is worth getting into some of the detail. The defence for an employer for failing to protect their staff from third-party harassment is taking all reasonable steps to prevent that harassment from occurring. Employment tribunals have been interpreting the meaning of “reasonable” for a long time, and in a discrimination claim there is essentially a three-part judiciary: a judge with legal experience, someone with employer experience, and someone with employee experience—sometimes from a trade union, but sometimes from elsewhere. When they talk about “all reasonable steps”, it is only reasonable steps; it is not every single step in the entire history of the universe that anyone could ever dream up or imagine.

--- Later in debate ---

[Ian Byrne (Liverpool West Derby) (Lab)]

I place proudly on the record that I am currently a member of Unite and GMB. I refer hon. Members to my entry in the Register of Members’ Financial Interests. I take the opportunity to pay tribute to my good friend Terry Jones, a brilliant Scouse trade unionist who sadly passed away this morning. He supported the Bill wholeheartedly.

Forty-five years after Margaret Thatcher began her war on trade unions, the Bill is hugely welcome and long overdue. It is a step to turn back the tide and strengthen the power of workers. In a former life as an industrial organiser for Unite the union, I saw how difficult it was to build industrial strength in workplaces because of the restrictive legislation supported by previous Governments of all colours. The Bill will hopefully begin at long last to turn back that tide.

Hon. Members have already discussed key measures in the Bill, and there is so much to welcome. I congratulate the Minister on his efforts in getting the Bill to this place, and I also congratulate him and his team on taking two points off Arsenal, which helped us no end on Sunday.

The Bill needs to be not the end, though, but the beginning of a renewal of trade union rights. If we want to tackle the injustices done to the working class from low pay and poverty to sordid inequality, we need to empower the institutions that were founded to fight for the working class. Be in no doubt about the scale of the problem: 60% of those who use the nine food pantries run across Liverpool are in work, including public sector workers from nurses to Department for Work and Pensions workers. Let that sink in: 60% of those relying on emergency food aid are in work. That tells us how broken the labour market is for so many people.

Economic growth goes hand in hand with fixing the broken economic settlement, hence the importance of the Bill. I will focus my comments on the amendments but, for the record, tomorrow we will debate two new clauses that I have tabled about upholding trade union rights and outsourcing. My amendments for debate today—amendments 326 and 327—are aimed at strengthening protections against unfair dismissals, but in my brief time I will focus on amendments tabled by colleagues.

My hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) has tabled a series of crucial amendments to strengthen the Bill. He deserves a huge amount of credit for getting the Bill to this place. His amendments include amendments 265 to 267, which would enhance the Bill’s provisions against zero-hours contracts. Those contracts leave workers with precious little control over their lives, allowing bosses to dictate shifts with little or no notice, with workers vulnerable to gross exploitation. It is no wonder that workers overwhelmingly prefer regular contracts. For example, when Wetherspoons introduced the option of guaranteed hours for its workforce, 99% of workers opted for that, with just 1% choosing the zero-hours contract model. The amendments would help ensure that when we say we are banning exploitative zero-hours contracts, we actually mean it.

My hon. Friend has also tabled new clauses 62 to 65, which would strengthen the Bill’s protections against the disgraceful practice of fire and rehire. I saw in my own family the devastating impact that this cruel practice can have in destroying livelihoods when my brother was a victim of fire and rehire at British Gas. This immoral practice should never again be able to be used by rogue employees as a weapon against the working classes of this country. I fully support those strengthening new clauses.

My hon. Friend the Member for Bradford East (Imran Hussain) has tabled amendment 7, which would raise statutory sick pay to the level of the national living wage, and new clause 102, which would guarantee that workers do not lose out under the new fair earnings replacement proposals. We should have learned from the pandemic that no one should be forced into work when they are ill. Those amendments and others would help to make that a reality. I really hope that the Minister and Front-Bench Members are listening.

The devastating consequences of Thatcherism’s assault on working-class communities and trade unions are seen in towns and cities across the country. Once vibrant industrial towns have been hollowed out and industries destroyed, with insecure work replacing well-paid, unionised jobs. The never-ending doom loop must be broken if we are to rebuild communities that at the moment feel forgotten, betrayed and abandoned by successive Governments since Thatcher. The Bill must be a decisive step in breaking away from a failed settlement and finally building a country that works for us all.

[Lola McEvoy]

I refer the House to my entry in the Register of Members’ Financial Interests. I am a proud trade union member and in my career, I have campaigned for more rights for support staff and teaching assistants in schools, for better bargaining rights for care workers, for people to have contracts that affect the hours they work and for statutory sick pay from day one. I am proud that the Bill will deliver all those things—and much more—for working people up and down the country.

I rise to speak to the issue of parental leave, which has come up in relation to many amendments and in contributions from Members across the House. Since I was elected in July, I have spoken three times in the Chamber about the terrible inequality around dads’ rights and paternity pay, including in my maiden speech during the International Men’s Day debate and again in the debate on this Bill in last October. I therefore welcome the clauses that support dads’ rights and will encourage more men to take their paternity leave entitlements.