Employment Law: Devolution to Scotland

Debate between Mhairi Black and Amy Callaghan

Tuesday 6th September 2022 Westminster Hall

[Amy Callaghan (East Dunbartonshire) (SNP)]

I congratulate my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) on securing the debate. There are endless merits to devolving employment law to Scotland, but do not fret—I have only chosen a few to discuss today. We could look at unpaid trial shifts, fire and rehire—the list is endless—but what underpins this debate for Scottish workers is that we cannot trust the Government of the day in this place to be progressive and look out for the rights of workers, so we need to devolve employment law to ensure that Scotland can bring forward an employment Bill to look out for Scottish workers.

If employment law were devolved, Scottish workers would have the right to protection against vile tactics such as fire and rehire and unpaid trial shifts—tactics that we have seen deployed on our workforce by profit-making companies just to increase their profits that bit more. They are despicable and unnecessary. This Government and previous Governments could have done something about them, but they have deliberately chosen not to.

We can look at both the rights and the opportunities that are being denied. For example, this Government are denying people the opportunity to recover fully from ill health because the level of sick pay is so woeful that people are going back to work before they should. We are ending up with a workforce who are working while still in ill health. If we devolved employment law, I do not believe that would happen. I state on the record that we should also devolve all social security benefits to Scotland, to ensure that statutory sick pay is adequate, and that people with significant disabilities and ill health are fully supported in their return to work.

[Mhairi Black (Paisley and Renfrewshire South) (SNP)]

It strikes me as really concerning that part of the new Prime Minister’s reforms seems to be to undermine the one tool that workers have at their disposal, which is striking and industrial action. All the rights that people enjoy, including holidays and sick pay, were brought about not by kindly asking but by striking—by industrial action. Any attempt to undermine that by bringing in agency workers—more colloquially known as scab labour—is appalling and should not be allowed to pass.

[Amy Callaghan]

I thank my hon. Friend for that welcome intervention. The new Prime Minister certainly will have disastrous consequences for the workforce across the United Kingdom. Employment law should be devolved to Scotland, and we should stand up against those vile tactics—especially those against the right to strike—and ensure that our workers are protected from them.

It says a lot about a Government when they are unwilling to protect workers’ rights and, instead, their new leader has pledged to cripple them within her first 30 days as Prime Minister. That is why we need employment law devolved to Scotland.

--- Later in debate ---

[Mhairi Black]

Fortunately, they are spared that horror but, here in the UK, that is where we are at: “This Morning” paying bills. Instead of learning from everything that has happened in the pandemic, and trying to integrate fairer work practices, we have a Government running around leaving passive-aggressive notes on desks, telling people to hurry up and get back, when the Prime Minister—sorry, the last Prime Minister—was nowhere to be seen for weeks. They have shown time and again that they cannot be trusted with workers’ rights. All the way from 1830 right through to now, they have proven time and again that they cannot be trusted.

As my hon. Friend the Member for Glasgow South West (Chris Stephens) mentioned, we had the Taylor review of modern working practices. That was five years ago, and we have heard nothing, because this Government are all about show not substance. The UK has reneged on its promise to protect EU-derived workers’ protections. During the Tory leadership race, the now Prime Minister promised to scrap all remaining EU regulations by the end of 2023. That means that hundreds of laws covering employment and environmental protections will disappear.

Despite the Government’s commitment to an employment Bill on at least 20 occasions, as we have heard from numerous people, it is still nowhere to be seen. I am not talking about little add-ons because we are nice to our workers. I am talking about fundamental rights: how long we need to work, holiday entitlement and sick pay. Those are all fundamental. The UK is being mismanaged into the ground, and has been for a long time.

We heard earlier from the hon. Member for Edinburgh West (Christine Jardine), who is no longer in her place. She asked whether these arguments meant that changes to rights should apply across the whole of the UK. That is rubbish, because Northern Ireland has devolution of employment law, so why can Scotland not have that? Secondly, there is the idea that we have to wait for reform across the whole of UK. We have been trying. In just the seven years that I have been in this place, my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands), who was here earlier, had the fire and rehire Bill talked out by the Government. Colleagues have tried to get rid of unpaid work trials, yet nothing has come from that.

It goes even bigger than that. Scotland has always played its part. We have not voted Tory since 1955. Yet all we get is Tory Prime Minister after Tory Prime Minister making empty promises, delivering nothing. Scotland has played its part and, frankly, I am tired of trying to tell people in Scotland who are being pushed into poverty, “Sorry, you just need to wait for the rest of the UK to get its act together.” No, not any more. If there is one thing we can see, it is that countries of a similar size to Scotland are successful and fairer. The only difference is that they are not governed by Westminster.

[Amy Callaghan]

I thank my hon. Friend for giving way. To address the earlier intervention by the hon. Member for Edinburgh West (Christine Jardine), my predecessor, as part of the Lib Dem-Tory coalition Government, slashed redundancy notice from 90 days to 45 days. Does my hon. Friend agree that we cannot rely on this place to look after our workers? Reform is not the answer; that is simply not enough. We need employment legislation devolved to Scotland.

[Mhairi Black]

I could not agree more. My hon. Friend put her point succinctly. To sum up, if you are an average person in the UK right now the chances are that you cannot afford to eat or to heat yourself. You certainly cannot afford to be sick. The one thing that you cannot afford is another Tory Government.