Unpaid Trial Work Periods (Prohibition) Bill

Luke Hall Excerpts

2nd reading: House of Commons
Friday 16th March 2018 Commons Chamber

[Stewart Malcolm McDonald]

I commend that point. When I first floated the idea of the Bill, I recall receiving an email from Unite, saying, “Stewart, we need to talk.” I realised that that would cause a shiver to run up the spines of Labour members; it caused one to run up mine, too.





We had a very fruitful conversation. Unite has been immensely supportive, and I would mention in particular one of its Scottish organisers, Bryan Simpson.

The Better Than Zero movement has collated lots of information—way more than I have—on precarious work and unpaid trial shifts. It has also taken some direct action against rogue employers, who get up to all sorts of things such as stealing tips from part-time staff and all the rest of it. There is a lot to sort out. Although this Bill does not deal with all of it, I hope that we can all agree that it deals with an important element.

[Luke Hall (Thornbury and Yate) (Con)]

Does the hon. Gentleman agree that this practice of abuse is carried out by some of the biggest and best-known employers in the country, which often put unrealistic productivity targets on their staff that are almost forcing them to use any method they can to get home before midnight?

[Stewart Malcolm McDonald]

This may be the only time that I have looked forward to using my parliamentary privilege: I am going to name some companies that have come up when I have had this conversation with people.

The first company that came up was Mooboo Bubble Tea. I understand why there are confused looks on some Members’ faces because I do not know what bubble tea is either, but I can tell hon. Members that I will not be trying Mooboo’s. Mooboo was the company—based in Glasgow, with franchises right across the United Kingdom—that asked one of my constituents to work 40 hours for no money whatever. Not only did my constituent not get the job, although I am sure that she made a fine fist of the trial period, but the company just ignored her. It happens too often that people apply for jobs, go through trials and all the rest of it, but then do not even get told yes or no. They just get left hanging in the air. What a cynical and gross way to treat applicants in this day and age!

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[Chris Philp]

I am spoilt for choice, but I will first give way to my hon. Friend the Member for Thornbury and Yate (Luke Hall).

[Luke Hall (Thornbury and Yate) (Con)]

Does my hon. Friend accept that some people are much more comfortable doing a trial period of one hour than they are sitting through an interview of 45 minutes, which they might find extremely stressful and uncomfortable, and for which they might be unprepared?

[Chris Philp]

I agree with that point. I set up and ran my own businesses for 15 years before being elected, and found that often interviews are not a very good way of ascertaining someone’s suitability. People can come up with all sorts of nonsense, but if they get to do the job in some way, even for a short period such as an hour, the employer learns a lot about their capability.

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[Dr Alan Whitehead (Southampton, Test) (Lab)]

May I congratulate the hon. Member for Glasgow South (Stewart Malcolm McDonald) on bringing this important and well-constructed Bill to the House? We have perhaps been diverted towards the issue of people not being paid for one or two hours’ work, but essentially the Bill is about the principle of a fair day’s pay for a fair day’s work. Unpaid work trials have become a widespread practice in the hospitality, entertainment and retail sectors, and we need to place that development in a wider context.

In recent years we have witnessed an explosion of exploitative working practices associated with the so-called “gig economy”, a commonplace phrase that does not do justice to what is really occurring, namely the avoidance of employment rights, benefits and remuneration on a mass scale. Unpaid work trials must be seen in the broader context of a range of sharp practices associated with low paid, insecure employment in this country, designed to cut the burden on the employer at the expense of hundreds of thousands, if not millions, of workers.

Just in the past few weeks this place, as the hon. Gentleman has mentioned, has discussed tipping practices that take rightfully earned tips from waiting staff and recycle them to top up the pay of other workers to the level of the minimum wage. In the past two weeks we have seen how major, international companies such as Wagamama and TGI Fridays have failed to pay their staff the minimum wage.

[Luke Hall]

Does the hon. Gentleman share my shock and concern that the British Retail Consortium failed to acknowledge that that was even a problem and refused to even meet the hon. Member for Glasgow South (Stewart Malcolm McDonald) to discuss the matter?

[Dr Whitehead]

Yes, I share the hon. Gentleman’s shock and concern. That underlines how a number of very important institutions in this country continue to underestimate and even turn a blind eye to all such practices associated with the gig economy, one of which is unpaid work trials. There is a pattern and it has not been clearly addressed by the Taylor review, and it certainly has not been addressed by the Government’s weak response to that review.

More than £1 billion is lost in wages every year through unpaid work, and the continuing practice of unpaid work trials is a contributing factor to that.