(2 years, 1 month ago)
Public Bill CommitteesIt is an absolute pleasure to serve under your chairmanship, Ms McDonagh, and to bring this Bill to Committee. I express my sincere thanks to the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Watford, and congratulate him on becoming a Minister. It was he who first tabled this important private Member’s Bill and did so much work to get it to this stage. This groundbreaking legislation will benefit millions of workers, and I am honoured that the Minister has asked me to sponsor this Bill with Government and cross-party support.
The Bill is all about fairness. I entered politics to be a voice for others. The hourly pay in the hospitality sector is one of the lowest of all sectors in the UK. The Bill will potentially benefit more than 2 million people— 7% of workers in the UK—who receive tips as part of their work.
My son, Liam Eastwood, works in the hospitality industry. He is quite fortunate that he keeps all his tips, which supplement the quite decent wage that he is paid as well. Does my hon. Friend agree with me that, contrary to what some on the left are saying, the Bill ensures fairness in allocating tips and is not an attempt to reduce a decent living wage?
My hon. Friend is a hard-working champion and advocate for his constituents in Dewsbury, and I have been hearing about his son, Liam, and how he has been working. I highlight the fact that the Bill has so much cross-party support. It is great to see how we are all working together to make a significant change for workers in the hospitality sector, who are having a particularly tough time at the moment.
As I said, the Bill will potentially benefit more than 2 million people—7% of workers in the UK—who receive tips as part of their work. It will ensure fairness across the board, so that whether people work in Pete’s Burger Bar in Holyhead or serve fine dining at the Gaerwen Arms, they will be treated fairly and equitably. Places in dire need of levelling up, such as my constituency of Ynys Môn and other coastal and rural communities, are often home to thousands of people employed in tourism and hospitality. Local employers on Anglesey include the Sandy Mount hotel, Sergio’s, the Sea Shanty, Catch 22, the Oyster Catcher, Dylan’s, and the White Eagle. There are so many to mention—I am sure all Members here have the same story to tell.
I was the first one in my family to stay on at school beyond the age of 16, and it was the hospitality sector—work in restaurants, pubs and cafés, like the Mercury Café and Fifi’s Restaurant—that helped me to pay my way through sixth form and university. The tips I earned were spent on a new winter coat or a pair of warm boots.
There is a drive for better hospitality career opportunities and pay—driven by the likes of Aled Jones-Griffith and his team at Coleg Menai—but jobs in such sectors are often seasonal and poorly paid. For many workers, tips form an important part of their potential earnings, particularly in these challenging times. Although most employers distribute tips fairly and honestly, that is not the case for everyone. That is what the Bill seeks to address.
I will deal with clauses 1 to 14 together. The provisions create a legal obligation on employers to pass on tips to workers in full. The only deductions permitted are those required or permitted under other statutory provisions, such as tax law. That will promote fairness for workers and ensure that they receive the tips they earn. The vast majority of customers give tips on the assumption that they will go to the workers, and do not expect businesses to take a slice. Likewise, workers rightly expect to receive their tips in full, in recognition of their hard work.
The Bill will also provide greater transparency for employers and workers on how tips should be treated, and will create a level playing field for businesses that already pass on tips to workers in a fair and transparent way. Finally, consumers will have the confidence that the full value of their tips will go to workers.
Let me set out the detail of the clauses. Clause 1 inserts into the Employment Rights Act 1996 a new part on how employers must deal with qualifying tips, gratuities and service charges, which I will refer to as tips. The Bill will apply to all tips paid by a customer to an employer, including tips paid by card, which are usually paid into the employer’s bank account. Some 80% of tipping is now paid by card.
The Bill will also apply to tips paid directly to a worker if the employer controls or influences the allocation of tips—for example, if the employer tells workers how to share the tips between themselves. The Bill will not apply to tips received by workers when an employer or associated person does not control or significantly influence the allocation of the tip.
Clause 1 aims to capture all scenarios in which an employer has control over tip allocation and distribution, to prevent them from taking advantage of that control to exploit workers. The clause provides that
“tip, gratuity or service charge”
means the actual amount paid by the customer. As employers cannot make deductions for things such as processing fees, the Bill ensures that workers receive the full amount of tips.
Clause 2 introduces a fairness requirement that requires employers to ensure that the total amount of tips is allocated fairly among workers of the employer at the place of business where the tips were paid. That means, for example, that tips paid by customers at a particular restaurant will not be shared with workers at a different restaurant of the same employer. In determining how to allocate tips fairly, the employer must have regard to the relevant provisions of the code of practice, which is described in later clauses. The amount of tips allocated to a worker is payable to the worker by the employer.
Clause 3 sets out how the employer’s obligations apply when tips are allocated by an independent tronc. The Bill allows for tips to be allocated by an independent tronc as long as the arrangements are fair overall and have regard to the code of practice. The word “tronc” comes from the French word for an alms box; it is about pooling and redistributing tips. The tronc can be employer controlled or independently operated by a member of staff or a payroll or accounting company. Tipping practices vary among employers, and the Bill seeks to support diverse practices as long as they are fair. Clause 3 also provides that tips can be payable to workers by independent tronc operators, either directly or through the employer’s payroll.
Clause 4 details when tips must be dealt with. It sets out that an employer must ensure that tips are allocated to workers and paid no later than the end of the month following the month in which they were paid by the customer. For example, if a tip was paid on 8 April, the employer would need to deal with the tip by 31 May.
Clause 5 sets out how an employer’s obligations regarding tips apply to agency workers, who are workers supplied by an agency to work for a business, such as a restaurant. They benefit from the Bill and will be treated as if they were workers directly employed by the restaurant. That ensures that agency workers do not miss out on tips they have earned. The clause defines which agency workers are eligible to be covered by the protections and requires tips to be fairly allocated to eligible agency workers. It allows a business to pay the agency worker’s share of the tips to the agency, which must then pay that sum to the agency worker. This is because agency workers are often not on the business’s payroll.
Clause 6 concerns the written policy and records that employers must keep of tips. All employers that deal with tips on more than an occasional or exceptional basis are required to have a written policy on dealing with tips. That policy must include whether or not the employer requires or encourages customers to pay tips and how the employer ensures that all tips are dealt with in accordance with this legislation, including in respect of how the employer allocates tips. The employer is required to make the written policy available to all workers of the employer at the place of business.
Employers are also required to keep records relating to tips. Records must be kept for three years and include the total amount of tips paid, the amount allocated to workers and, if relevant, the amount allocated to an independent tronc operator. The requirement to keep records is essential to ensure that workers have access to the information they may need to enforce their rights. The clause provides workers with a right to make a written request to access limited relevant parts of their employer’s tipping records. That allows workers to gather evidence to seek redress if they are not being treated fairly.
Clause 7 explains the enforcement mechanism for employers’ obligations regarding tips. Workers can present complaints to an employment tribunal that an employer has failed to comply with their obligation to allocate tips fairly, or failed to do so in time. The clause also allows agency workers to present complaints. The limitation period for those complaints is 12 months.
Workers’ rights to bring forward such claims are at the core of the Bill, as employment rights need to be underpinned by effective enforcement. The clause sets out how a tribunal should determine complaints about tips. When a complaint by a worker is well founded, the tribunal must make a declaration to that effect. The tribunal may also make a range of orders, including an order requiring the employer to revise any allocation of tips they have made, or an order requiring the employer to make a payment to a worker of up to £5,000 to compensate them for consequential financial loss.
Clause 8 explains how workers can complain if their employer breaches the information provisions. That includes an employer failing to comply with the requirements relating to written policies dealing with tips, records of how tips have been dealt with or workers’ written requests for information. Workers can bring forward a claim to an employment tribunal in those circumstances. The limitation period is three months. Workers’ rights to bring forward those claims are essential to the Bill, as access to that information allows employers to be held accountable and workers to check that what they are paid is correct and fair.
The clause sets out how a tribunal should determine complaints about the employer’s policy or record keeping obligations. When a complaint by a worker is well founded, the clause states that the tribunal must make a declaration to that effect. A tribunal can also order a payment from the employer to a worker of up to £5,000 to compensate them for consequential financial loss.
Clause 9 gives the Secretary of State powers to issue, revise or revoke a code of practice for the purpose of promoting fairness and transparency in the distribution of tips. The code of practice is necessary to help to describe different circumstances that are fair or unfair in more detail than the Bill could. The code can also be adapted to changing circumstances more easily than primary legislation. To issue a code of practice, the Secretary of State must consult ACAS and publish a draft to allow stakeholders to make representations, before laying the draft before both Houses of Parliament for approval.
The clause establishes the procedure to revise or revoke the code, and details the legal effect of the code. It sets out that the code is admissible as evidence in proceedings before an employment tribunal and, where relevant, must be taken into account.
Clause 10 sets out some additional provisions relating to tips. It prevents employers from bringing restitution claims against workers in respect of tips. If an employer is ordered to revise their allocation of tips and they have over-allocated tips to a worker, those tips are not repayable from the worker to the employer.
The clause preserves existing contractual arrangements relating to tips. That means that if a worker was already entitled by their contract to receive a certain percentage of qualifying tips, they would remain entitled to those tips despite the passage of the Bill. However, payments under the statutory and any contractual obligations can be set off against each other to avoid double counting.
The clause prevents workers from opting out of their rights under the Bill and provides further definitions, including of “customer” and “place of business”. It clarifies certain situations in which it is unclear to which place of business a tip is attributable. The clause also provides that the Bill applies to tips paid by customers on or after the date on which the obligation to allocate tips fairly comes into force. The Bill is not retrospective.
Clause 11 amends certain provisions of the Employment Rights Act 1996 with regard to tips and clarifies that a worker cannot contract out of, or consent to amend, their right to receive tips that have been allocated to them by their employer. It also amends the definition of “wages” to include tips.
Clause 12 amends other pieces of employment legislation as required. That is because some Acts require amendment to ensure the provisions will apply correctly and cohesively once the Bill comes into force.
Clause 13 sets out where the provisions of the Bill apply in the United Kingdom and provides that the Bill regulates qualifying tips paid at, or otherwise attributable to, a place of business located in England, Wales or Scotland. The legislation does not regulate tips in Northern Ireland because employment law is devolved to Northern Ireland.
Clause 14 is the final clause apart from the title. It defines how and when the Bill comes into force, and confers the power on the Secretary of State to determine when clauses 1 to 12 come into force by the making of regulations. Clauses 13 to 15 come into force on the day the Bill is passed.
Let me close by thanking the Chair, the officials who worked so hard to make the Bill a success and everyone present for supporting the Bill. Once again, I thank in particular my hon. Friend the Minister for putting his faith in me and for everything he has done to bring the Bill this far. We all want workers to be treated fairly, and we all want to see the rewards for hard work distributed to those they are meant for. This is a great opportunity for stakeholders to engage in setting up the code of practice. Let us work together to ensure the Bill achieves what it has set out to do.
(2 years, 11 months ago)
Public Bill CommitteesQ
Melanie Leech: I hope that a binding arbitration scheme will be a neutral process that allows both sides’ views to be heard and a resolution to be reached between those two positions. As I said in response to the Minister, the principles should be that someone who can pay their rent should pay it, but if they can demonstrate that they need support, because they cannot afford to pay their rent, that case should be heard, and a landlord who is able offer support should give it. I think those principles, if they remain in place and underpin the scheme, should lead to a fair outcome.
The other thing we have concerns about—although I think the process is designed to avoid this—is that it is not a case of both parties starting in an equal position. We start from the position that there is a contract that says that the tenant should pay rent, and the tenant is seeking support to set aside that contractual obligation. The evidence base is primarily driven by the tenant’s position; I have heard concerns that if a landlord wants to go into the arbitration process, they need evidence from the tenant to underpin their position, and, if the tenant does not provide that evidence, the landlord is at a disadvantage in the process.
The process is designed to deal with that by allowing them to initiate the process from a starting position that says the tenant should pay in full. If the tenant gives evidence to demonstrate why they need a concession, the landlord can consider that and put in a revised proposal before getting to arbitration. As long as that is in place, the landlord need not be disadvantaged by not having the information up front. It is important to recognise that the burden of proof for both viability and affordability is primarily on the tenant; it is only at the stage at which the tenant’s case is made, as it were, that the question of whether the landlord can afford to give a concession comes into play, at which time they also need to provide evidence. I think that the Government understand that, and that it is built into the process. That is one of the things that property owners will be nervous about.
Do you want to add anything, Astrid?
Astrid Cruickshank: No, I am happy with that. I think Melanie has covered it.
Q
There is an issue about landlords. I think you accepted that landlords agree with the principle that both landlords and tenants might have to share the burden of rent arrears that built up during the period of coronavirus restrictions, in the light of the examination of evidence. Do you accept the principle that there may have to be a sharing of the loss for both the tenant and the landlord? Unlike Government Members, I do not think that this is a laughing matter.
Astrid Cruickshank: May I answer that? Our tenants have had varying experiences throughout the pandemic, and some have made more profit during covid than they did the year before, which is down to their ingenuity—pivoting their business and moving more online. I have had at least five tenants file accounts with Companies House that show a higher profit in the first year of covid than the year before. In such a case, there is no loss to share.
Our tenants in hospitality and the gyms that we own have clearly made losses. We have restructured the leases in all such cases. We have put more money into our entities so that we could give them some rent free to help them through the lockdown. We extended the lease, got a break dropped or got some kind of quid pro quo.
Melanie Leech: In my experience, most larger landlords have been working to a sort of grid. They have tried to look at each of their tenants and see the position they are in, and they have prioritised support to help the most needy. The most support has been given to smaller business, independent businesses and businesses that do not have strong financial backing; it has been given overwhelmingly to the hospitality sector, because everyone has recognised that the majority of those businesses do not have the kind of alternative routes that Ms Cruickshank was just talking about. Millions of pounds have been given in rent write-offs already, as reflected in the data that I referenced at the start.
Forgive me if I was not clear in what I said; let me come back to my point. We believe that those tenants who can afford to pay their rent or who cannot demonstrate need should pay their rent in full. Tenants who can demonstrate significant impact on their businesses and have no way of paying should get support from landlords who can afford to give it. We absolutely believe in that principle, because we believe that property owners and their tenants are economic partners and they should be working together.
It is not, by the way, in a property owner’s interest to either evict a tenant or have a tenant go bust if they believe they are a viable tenant, because an empty building is generating no rent at all—whether it is a debt or whether it is being paid. It becomes a business rates liability that the property owner then has to pay. It becomes a dead building. When a month’s footfall goes from an area, it does not come back. If you have empty buildings, people leave that area and they forget what took them there in the first place. That has an impact on both immediate rent and on the value of the property. It is not in a property owner’s interest not to keep tenants in place wherever it is possible to do so.
Q
Melanie Leech: We have worked quite a lot with various small property owners, although they are not in our membership, over the last 18 months. What I have heard from them is that unless there is a cap at a relatively modest level, the scheme will not be accessible to them. Clearly it is a different matter for larger companies. As for poor behaviour, yes, we absolutely think that if parties do not go into or act through this process in good faith, the arbitrators should be able to award costs against them as part of the outcome.
Astrid Cruickshank: I would agree with that. If the example that I gave you—three tenants just refusing to acknowledge any attempt to communicate with them—ended up in arbitration, it would seem entirely unfair that I should be picking up the costs, when I was prepared to make them an offer but they were not willing to even acknowledge that I had made it or respond in any way.
Q
Melanie Leech: We have a lot of the larger ones as part of our membership, so yes, I think so. They act for both property owners and tenants, so I have been able to draw on their advice about what is happening in the market—what the relationships are—as well as some of the data that is published. The remit data in particular is drawn from the evidence that they collect. The one thing that they would say, and that I would say, is that we were disappointed that service charges were brought within the ringfence and the protection, because that is money that has already been spent by property owners and agents in maintaining buildings. The tenants might not be able to use them for their primary business purpose while they have been shut, but the buildings still need to be maintained and kept safe, and those costs have increased in some cases.
I know that some on the tenants’ side have suggested that those costs should be reduced because the buildings cannot be occupied. Where we can see that service charges have been reduced, that reduction absolutely should be passed on to tenants—I am not for a minute arguing against that—but where those costs have been incurred, we think that they should be paid and that they should not have been able to benefit from the protection of the ringfencing in the Bill, because that is money that has already been spent by property owners. That is debt that has already been incurred, so we were disappointed by that, and I think the agents would echo that point of view. Beyond that, I think they are supportive of this Bill, as we are.
Thank you. Are there any final questions? No. In that case, I thank the witnesses very much for their evidence.
Examination of witness
Lewis Johnston gave evidence.
(3 years, 4 months ago)
Commons ChamberWe have made a commitment to level up all areas of the country. The plan for growth is a critical part of this and we will go further with the publication of a levelling-up White Paper later this year.
We now go to Alexander Stafford. Not here. Let’s go to Mark Eastwood, who is here.
I am pleased that my hon. Friend the Member for Penistone and Stocksbridge (Miriam Cates) and I have put forward a £48 million joint levelling-up fund bid to support improvements to the Penistone line, which runs through our constituencies. Will the Minister agree to work with the Department for Transport and the Treasury in supporting this bid, which, if successful, would help to boost local businesses and bring much-needed jobs to my constituency, especially in Kirkburton and Denby Dale?
My hon. Friend has been a tireless advocate for his constituency, most notably in his advocacy of the Dewsbury town deal. As he will know, the support of MPs is important for bids to the levelling-up fund, but he will understand that I cannot go further than that while the bids are being evaluated.
As I mentioned in an earlier answer, I met a number of trustees a few weeks ago and we discussed a number of issues in detail. I left them with a number of issues to go away and consider. The proposition as it currently stands is one that the Government do not wish to take forward, but I have asked the trustees to come back to me once they have considered the questions we discussed.
What a fantastic story. In just 18 months, my hon. Friend has shown the impact of his work across his home town. He is absolutely right. Dewsbury’s transformative £24.8 million investment will make it a more attractive place to live, work and invest by supporting projects that deliver that enhanced business environment, such as the arcade to be reopened to small independent businesses and Dewsbury market to be transformed into a modern-day market, with fibre network improvements and repurposing underused sites. This is really going to boost Dewsbury’s reputation as a place for starting and growing a business.
(3 years, 6 months ago)
Commons ChamberWe are continuing to work with the regulators and to look at how smart meters are rolling out. We continue to encourage people to do so, if they have not done so yet, but as the technology changes, we will obviously make sure that regulations afford those adaptations.
(3 years, 8 months ago)
Commons ChamberWe have spent over £352 billion, and have committed £407 billion to an unprecedented package of support for businesses, including the job retention scheme, support grants and Government-backed loans. My right hon. Friend the Chancellor of the Exchequer recently presented to Parliament his Budget, which sets out the additional £65 billion to support people and businesses.
I thank my hon. Friend for all the work that he does for his local businesses. At the Budget, my right hon. Friend the Chancellor announced £425 million of additional restrictions grant funding to local authorities, which means that more than £2 billion has been made available to local authorities since November 2020. The Government will continue to work closely with local authorities to ensure that these grants are distributed to businesses when they need them and that the additional money can be used. I urge authorities to relook at their local policies to include businesses that have not had that support in the past.
The UK furniture industry is a success story, with nearly £17 billion of annual consumer expenditure, over 330,000 jobs and exports that had grown to more than £1 billion a year before the pandemic. My constituency of Dewsbury is the UK’s third largest furniture manufacturing base and it faces a number of challenges, including a potential global shortage of steel and foam, and issues relating to rules of origin. Will the Minister agree to meet the British Furniture Confederation to address these concerns and help to ensure that the industry continues to thrive?
My hon. Friend, having worked in the sector, is an excellent champion for it. I understand that these remain extremely challenging times for the furniture industry, which particularly relies on retail premises to sell its products. I speak to the British Furniture Confederation on a regular basis as part of my roundtables, but I am always happy to meet my hon. Friend and the confederation itself.
(3 years, 10 months ago)
Commons ChamberI start by welcoming the Secretary of State to his post. We have some of the highest standards of workers’ rights in the world, and I strongly welcome his assurances that those will not be lowered. However, the pandemic has exposed unsettling practices, including some employers using digital surveillance software to track their employees’ homeworking. The most high-profile software used for that purpose was Microsoft’s productivity score, which allowed employers to track users’ activity. While that has since been adjusted to hide individual data, it is clear that other pieces of software could easily fill the gap.
I know from personal experience how distressing this sort of probing from employers can be, albeit in a more analogue fashion. At one stage in my career as a successful sales manager, after my commission was cut, I entered a period where my sales performance slipped. That prompted my employer to take monitoring to a concerning level. A tracker was placed in my car. I constantly received phone calls demanding updates. I received regular, aggressive emails, and I was summoned to meetings. The entire episode was unpleasant and intrusive. It felt like an invasion of my privacy, and as though I was being deliberately bullied out of the company.
To my employer’s surprise, however—and, I imagine, to the surprise of some hon. Members—I was a member of the trade union Prospect. Thanks to its help and attendance at meetings, we arrived at a resolution. By that point, the relationship with my employer had become untenable, and I moved to a direct competitor, Teal HealthCare, part of the Senator Group.
Teal was a dutiful employer, which allowed me the freedom to excel at my job again. It paid me until I was elected. I refer Members to my entry in the register of interests. It was incredibly supportive when I became an MP, and I thank Teal and the Senator Group for their backing, and Prospect for helping me through a difficult period. Ironically, after moving to Teal, I helped to win the biggest contract awarded in the sector, in direct competition with the employer that drove me out—he who laughs last.
The important point, however, as digital monitoring begins to appear more attractive to employers, in particular if some seek to adopt remote working patterns after the pandemic, is that that approach can backfire. Used properly, performance monitoring is a vital tool for managers to encourage progression and to resolve workplace issues to the benefit of the firm and of the employee. However, clearly there is a distinction between monitoring performance on the one hand and monitoring activity on the other. I hope that employers reflect on that.
Finally, I strongly recommend that anyone in a professional environment—
Order. Sorry, Mark, you just ran out of time there.
(4 years, 6 months ago)
Commons ChamberWe have received 12,789 offers of help with the provision of PPE and 10,436 of those companies have now been contacted. I am sure that the House appreciates that many of those who make well-intentioned and generous offers of help are offering PPE that may not be appropriate in health and social care settings. We must ensure that we have appropriate PPE in appropriate settings.
I have been assisting manufacturers in Dewsbury, Mirfield, Kirkburn and Denby Dale to register as potential suppliers of PPE on the gov.uk portal. I am pleased that the Cabinet Office is now responding to those businesses. My right hon. Friend has just confirmed how many have registered on the site nationally. Will he confirm when those that have registered are likely to start receiving orders for PPE?
I am very grateful to my hon. Friend for the work that he, along with so many others, has done in order that generous offers of support can be processed efficiently. As I mentioned, we have 10,436 organisations with whom we have been in contact. But specifically with regard to UK manufacturing, there are 201 manufacturers with whom we are in touch at the moment, 180 of whom are qualified to provide PPE and 22 of whom are going through the technical product review necessary in order to ensure that their personal protective equipment is appropriate.