Workers (Predictable Terms and Conditions) Bill

Lord Davies of Brixton Excerpts

2nd reading
Friday 16th June 2023 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, I support the Bill and thank my noble friend Lady Anderson of Stoke-on-Trent for bringing it to this House. I also thank her for her clear and comprehensive summary of what the legislation involves.

I said very similar words exactly four weeks ago, when I spoke at the Second Reading of the Employment Relations (Flexible Working) Bill, which was introduced by my noble friend Lady Taylor of Bolton. I am going to repeat much of what I said on that occasion.

I still think it is a shame that a series of measures affecting employment is being brought bit by bit through the legislative process, when the Government gave a commitment to a Bill on employment law. On the earlier occasion, I asked the Minister to say something about whether and when we are actually going to get this overall employment Bill. Although he did not answer, his answer was, in effect, never. The Government have effectively given up on the idea without saying so in as many words. Perhaps the Minister may wish to comment in his response. I would welcome even more a new Labour Government’s employment law, where we can address all of these issues coherently and effectively.

The employment relations Bill was about flexible working, whereas we are currently talking about predictable terms and conditions. Obviously, the two mesh together, pointing out the absurdity in the Government’s position. My particular interest in this area of the law is the effect it has on people’s pensions. Increasing attention has been given to the gap between the pensions that women tend to get and those received by men. One of the underlying reasons for that gap is that women face uncertain terms and conditions in employment more than men. We have to resolve one problem before we can resolve the other.

I emphasise that this is not about freedom and choice. Sometimes it is suggested that people want flexible conditions to fit in with their lifestyle. A poll recently undertaken by the TUC found that almost half of respondents said that zero-hours work was the only work that was available to them, and that was the reason they chose to accept it, not because it fitted in with their lifestyle. Some 16% said that it was a typical type of contract in their area of work, so they are stuck without a choice. Fewer than one in 10 people said that work/life balance was the most important reason for entering this type of work. It is also likely that it is the absence of good flexibility and more secure roles, rather than a preference for employment, that means this appeals to those with caring responsibilities, again because they are forced into it with no real choice.

I welcome this proposal. There is much that can be done to improve it, and it is worth highlighting just a few of the issues. Too much is being left to regulations. A request to consider is inherently weak; it does not take account of the disparities of power in the workplace, and requests are too easily rejected provided an employer follows the correct procedure. There are weaknesses. Even when we come to the remedies, they need to be more effective because of weaknesses in the industrial tribunal system currently. It can take up to two years to get a case heard, which is not an effective way of enforcing.

To repeat the conclusion I reached four weeks ago, the Bill, while limited in scope and with deficiencies, is still to be welcomed, and I thank my noble friend for bringing it to us. I thank the Government for their support for the Bill, in anticipation of the Minister’s response, but we still need a more comprehensive approach to employment and labour law.