Employment Rights: Government Plans

Mark Tami Excerpts

Monday 25th January 2021 Commons Chamber

[Andy McDonald (Middlesbrough) (Lab)]

I beg to move,

That this House believes that all existing employment rights and protections must be maintained, including the 48-hour working week, rest breaks at work and inclusion of overtime pay when calculating some holiday pay entitlements, and calls on the Government to set out to Parliament by the end of January 2021 a timetable to introduce legislation to end fire and re-hire tactics.

May I start by welcoming the Secretary of State to his place and wishing him every success in his new role? I am sure that I speak for the whole House in paying a heartfelt tribute to the workers of our country—the women and men who have battled so hard throughout this pandemic, persevering in the most difficult environment that any of us, who have not suffered the horrors of war, have ever known. I am talking about those keyworkers: our nurses, our doctors, health and care workers, shop workers, cleaners, transport workers and, indeed, everybody who has worked so selflessly and bravely battled to maintain services throughout our country. Many of them have had to go to work with real concerns about their own safety and that of their families. Sadly, too many have worked in unsafe conditions because of the Government’s failure to enforce workplace health and safety standards or to provide the financial support needed for people to self-isolate. Tragically, so many workers have lost their lives, including a member of our own House of Commons family, namely Godfrey Cameron, and we grieve with, and for, all who love them. Workers are facing enormous stresses and pressures, and many are having to deal with major mental health challenges. It is with all those workers in mind that Her Majesty’s Opposition bring forward this motion today.

This pandemic has exposed the many deficiencies in workers’ rights and protections, and now there is a real yearning that, when we emerge from this crisis, a better deal for working people is not only possible, but essential. Yes, the economic position is tough, but people came back from a devastating war in 1945 determined to forge a better society for their families to prosper in. Such a moment, as President Biden said, of renewal and resolve is right now. At no time in living memory has it been clearer that the safety and security of working people is inextricably linked with public health and the economy.

[Mark Tami (Alyn and Deeside) (Lab)]

Does my hon. Friend agree that some employers, such as British Airways and British Gas, have used the covid situation to exploit workers and to try to change their terms and conditions in this very difficult environment?

[Andy McDonald]

I agree wholeheartedly with my hon. Friend in that respect and I will come on to deal with many of those issues later on in my speech.

Against this backdrop, it is shocking that the Government would even consider embarking on a review to rip up the hard-won rights of working people. As revealed in the Financial Times, the Government have drawn up plans to end the 48-hour working week, weaken rules around rest breaks and exclude overtime when calculating holiday and pay entitlement. If the Government have their way, these changes would have a devastating impact on working people. Quite simply, it will mean longer hours, lower wages and less safe work.

The 48-hour working week limit is a vital protection of work-life balance. It is also a crucial health and safety protection, without which the physical and mental wellbeing of workers and the general public is at risk. But let us not beat around the bush: working longer hours leads to more deaths and more serious injuries. Nobody wants their loved ones cared for by our fantastic, but exhausted and overworked, nurses or ambulance staff, or for buses and trains to be operated by tired-out drivers. After the sacrifices of the past year, it is unconscionable for the Government to plot changes that would endanger workers and the public.

It is not just about making work less safe; the Government are proposing to exclude overtime from holiday pay entitlements, which would be a hammer blow to the finances of the country’s lowest paid and most insecure workers. Under current rules, regular overtime is included when calculating holiday pay entitlement, ensuring that it reflects the hours that are actually worked. Scrapping those rules would mean that the holiday pay that workers get would be lower. The average full-time care worker would lose out on £240 a year, a police officer more than £300, an HGV driver more than £400 and a worker in food and drink processing more than £500.

The losses, however, will be even more severe for those who work irregular hours, such as retail workers, who work lots of overtime. USDAW, the Union of Shop, Distributive and Allied Workers, described the case of Leon, a warehouse worker who works night shifts for a major parcel delivery company. Employed on an 8.5-hour contract, but working 36.5 hours in an average week, Leon would lose £2,149.22 per year.

All of that is at the start of the stewardship of a new Secretary of State for Business, who wrote in “Britannia Unchained” in 2012 that the British are

“among the worst idlers in the world”.

The Secretary of State is wrong: far from being lazy, British workers work some of the longest hours of workers in any mature economy, yet our economy still suffers from poor productivity.

The solution is to strengthen employment rights, not to strip them away in a bid to make working people work even longer hours. The Secretary of State excused his comments as being made a long time ago, but in 2015 the right hon. Gentleman wrote and edited another pamphlet, called “A Time for Choosing”, in which he said:

“Over the last three decades, the burden of employment regulation has swollen six times in size”,

before singling out protections on working time, declaring that the UK

“should do whatever we can to cut the burden of employment regulation.”

Does he stand by that?