Taylor Review of Modern Working Practices

Debate between Mick Whitley and Paul Scully

Wednesday 19th January 2022 Westminster Hall

[Paul Scully]

I will come to what we have done and what we intend to do in just a second. I highlight the words of my right hon. Friend the Member for Basingstoke (Mrs Miller): quite a lot has happened since. She is right to say that the Government have been busy and that parliamentary time has been precious, but the nature of work itself has significantly changed since that point.

The hon. Member for Aberdeen North (Kirsty Blackman) spoke about the right to request flexible working from day one. She is right to focus in on that. It is a key area, not just for the idea of flexible working, but for people who have caring and parental responsibilities and other pressures on their life outside work, so it can have a significant impact on other areas that we want to tackle. We have been able to take the opportunity throughout the pandemic to reflect on the changing nature of work, which will extend beyond the pandemic, as we move towards endemic covid and a sense of normality, and being able to reflect on what flexible working might look like at that stage, rather than what it did look like and what our ambitions were, back in 2016. We want to make sure that we can take the necessary steps for our labour market.

[Mick Whitley]

We tend to blame everything on the pandemic. Zero-hours contracts were here before the pandemic. All that has happened is massive exploitation of zero-hours contracts. The Government cannot turn a blind eye and turn round and say, “It’s the pandemic”, because it is not.

[Paul Scully]

Actually, what we are saying about flexible working is not about blaming the pandemic. Work has changed. The hon. Gentleman talks about zero-hours contracts—they have changed somewhat as well. The flexibility of the workforce—the people who have been feeding us, caring for us and moving us around—has really shone a light on that.

Commercial Rent (Coronavirus) Bill (Fourth sitting)

Debate between Mick Whitley and Paul Scully

Committee stage
Tuesday 14th December 2021 Public Bill Committees

[Paul Scully]

Although the applicant making a reference to arbitration must submit a formal proposal, there is the option for the respondent to also submit a formal proposal. Both parties also have the option to submit revised proposals. In addition, some cases may be more complex than others, and the arbitrator may need to ask for further information. The Bill therefore provides that the arbitrator must make the award as soon as reasonably practicable, which will allow for any additional work required because of the complexity of the case. I assure the hon. Lady that we are indeed hoping and expecting such cases to be resolved within a matter of months rather than, as she described in relation to the pubs code, anywhere approaching a year.

When there is a long period, there is a clear date on which the hearing concludes and evidence has been given, so that is why the Bill provides that the arbitrator has 14 days from the day on which the hearing concludes to issue such an award. Some cases that go to oral hearings may have added complexities, so the arbitrator may need more than 14 days to consider arguments, facts and evidence that have arisen. There is a discretion there for the arbitrator to extend the time limit if they consider that it would be reasonable, in all circumstances.

[Mick Whitley (Birkenhead) (Lab)]

Will there will be any retrospective payments? In the bundle of evidence some companies submitted, they say that they have been pressed for their outstanding debt. If this Bill goes through, does that mean that any retrospective payments will be made by the arbitrator?

[Paul Scully]

I will write to the hon. Gentleman if I am getting this wrong, but I think the arbitrator can take the whole situation into account, including what has been paid and the evidence that has been given, when making the final judgment. I will write to the hon. Gentleman if that is not as full an answer as he wants.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Clause 18

Publication of award

Question proposed, That the clause stand part of the Bill.

Commercial Rent (Coronavirus) Bill (Second sitting)

Debate between Mick Whitley and Paul Scully

Committee stage
Tuesday 7th December 2021 Public Bill Committees

[Paul Scully]

Q Jack and Andrew, do you have any other reflections on the code?

Andrew Goodacre: This code is so much stronger than the previous code in 2020. We are moving in the right direction. It links into your earlier question about changing behaviours, and the code has been instrumental in that. On what would enhance the code, I appreciate that the information is not entirely available yet, but it is about who will be arbitrating, the costs of that arbitration and the decisions around the viability, so that people get to know as early as possible what they need to do to submit, if they feel that they will end up in that situation. Preparing for arbitration will be quite scary to some people—the mere thought of putting all that information together. As soon as we can release what they need to have recorded and prepared, the earlier they can start doing it. You do not want to try to collate all the information with two months to go on the process.

Jack Shakespeare: I have nothing to add to that.

[Mick Whitley]

Q Are you concerned that the potential costs of arbitration might put business tenants, especially small and independent businesses, off engaging in the arbitration process, thereby leading to their closure?

Martin McTague: It might do, but the alternative is that they would have to take legal action, which is likely to be much more expensive and protracted. It is not an ideal solution, but it is certainly a step in the right direction.

Andrew Goodacre: Yes, it could do. If you were looking at costs in the hundreds instead of the thousands that would obviously be better. You have to put it in context. As I think one of your colleagues said, next year an awful lot of cost increases are coming through to business, whether it is the national minimum wage or energy costs, which have tripled for many businesses. Suddenly, whether it is £1,000 or £2,000, it looks like a lot of money. That may lead to a better negotiation and solution before you get to arbitration, but it plays to the landlord to play the waiting game at that point in terms of initiating the arbitration. That is the threat of it.

Jack Shakespeare: To go back to one of Andrew’s last points, as much foresight and clarity on that up front would be beneficial, so that people can make informed decisions on how they go forward.

Post Office Court of Appeal Judgment

Debate between Mick Whitley and Paul Scully

Tuesday 27th April 2021 Commons Chamber

[Paul Scully]

Indeed, it is important that the Post Office engages with all the appellants who have had their convictions quashed. As we are getting those answers, we will work to ensure that we can get fair compensation.

[Mick Whitley (Birkenhead) (Lab) [V]]

This gross miscarriage of justice has taken a terrible toll not only on the wrongly convicted sub-postmasters who have endured so much suffering and struggled for so long to see justice, but on the local communities that rely on post offices as precious community resources. In the wake of this scandal, can the Minister tell us what steps the Government are taking to ensure that every community has easy access to a post office?

[Paul Scully]

There are universal access provisions for the Post Office. Although, yes, we are giving them a network waiver because of the effect of covid at the moment, we will make sure that we are up to 11,500 post offices across the country, with access criteria to ensure that the most vulnerable are closest to a post office and have those services that add such social value to their communities.