Employment and Trade Union Rights (Dismissal and Re-engagement) Bill

Mary Kelly Foy Excerpts

Friday 22nd October 2021 Commons Chamber

[Mark Pawsey]

Thank you, Madam Deputy Speaker. Your remarks are most appreciated.

I want to participate in today’s debate for much the same reason as my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). I ran a business before coming here and I am also a member of the BEIS Committee, which considered the dispute between British Gas and the GMB union.

I want to start off by considering the term “fire and rehire”. I think the term “fire and rehire” is emotive. It has not been helpful in a number of instances of use in this debate, which has been fairly consensual. I have to say that I think the shadow Minister, the hon. Member for Bradford East (Imran Hussain), did not help the tone of today’s debate with his remarks. But there is an understanding that, where it is used as a negotiating tactic, fire and rehire is wrong and we do need to work hard to deal with that.

I want to look at the terms “dismissal” and “re-engagement”, because as an employer and someone who ran a business, the term “re-engagement” filled me with profound happiness: it was often a member of staff who had left my business and wanted to rejoin us, and often people who had gone away, broadened their experience and came back to our business with additional skills and additional knowledge. That was really quite encouraging and happened fairly often.

As an employer and a business owner, the term “dismissal” caused me a massive amount of grief. It was an issue we would never take lightly, but occasionally there would be a need to carry out dismissal on the basis of poor performance or unacceptable behaviour. But if ever my business went down that road, we knew that there were very strict rules of procedure laid down. We had to go through the correct processes, we had to be entirely sure of our facts and we had to build a case in the sure knowledge that that could be subject to a tribunal case and my business could be found to have behaved inappropriately or unfairly. I do think that, on occasions, the burden on business, and what it has to go through in the very sad cases in which that happens, is forgotten. I have to say that, at that time, the advice and guidance of ACAS in ensuring that my business behaved appropriately was incredibly helpful and very valuable.

[Mary Kelly Foy (City of Durham) (Lab)]

I would like to thank the hon. Member for highlighting the plight of those smaller businesses. Would he agree that Heathrow airport, British Airways, British Gas, Weetabix, Clarks, Argos and Sainsbury’s all are iconic British businesses? They have not engaged with their workforce, but they have engaged with that practice of fire and rehire. They are not struggling businesses. They are not just trying to get by. [Interruption.] They are not just trying to get by. They are powerful combinations—

[Madam Deputy Speaker]

Order.

[Mary Kelly Foy]

They are—

[Madam Deputy Speaker]

Order! Did the hon. Lady not hear me? She cannot make a speech. She can make an intervention. That is absolutely fine—[Interruption.] No, no. It is becoming a speech. If she has an intervention to make, then make an intervention, and she should not have to read an intervention because it should be really short.

[Mary Kelly Foy]

Thank you, Madam Deputy Speaker. Would the hon. Member agree that these big, iconic British businesses are not engaging with their workforce like him, but they are engaging in fire and rehire practices, and they are a disgrace to British workers and to the name of Britain—

[Madam Deputy Speaker]

Order. I think we have got it—Mr Pawsey.