Employment Rights Bill

Nadia Whittome Excerpts

Tuesday 11th March 2025 Commons Chamber

[Neil Duncan-Jordan (Poole) (Lab)]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

Having been a trade union activist for 40 years and a regional official, I have a genuine sense of pride in seeing the Bill make its way through Parliament. It is truly transformational and seeks to address the imbalance that has existed in the workplace for far too long. Many of the amendments before us strengthen existing rights so as to ensure that unscrupulous employers are unable to frustrate, delay or act unreasonably when dealing with their workforce, either collectively or as individuals.

Other amendments, such as new clause 101 in my name, seek to introduce new rights and protections for groups of workers who have hitherto been forgotten or overlooked. My new clause calls for the establishment of a regulatory body for foster carers. Currently, those who employ foster carers—local authorities, charities and independent fostering agencies—also serve as de facto regulators, with the power to register and de-register workers. That puts too much power in the hands of the employers, and, according to the foster carers branch of the Independent Workers Union of Great Britain, it illustrates a structure within the sector that fails to bring consistency, transparency, fairness or decent outcomes for the children and young people in their care.

A new regulatory body would therefore accredit educational institutions to provide standardised training courses. Once completed, those courses would remain on a carer’s work record. At the moment, every time a foster carer starts with a new provider, they are required to do the training again. That is both unnecessarily costly and time consuming. The body would also be responsible for maintaining a central register of foster care workers, and would ensure proper standards of care and deal with fitness-to-practice cases. As with the very best regulatory bodies, it would include those with lived experience of foster care.

One of the key roles of that proposed body would be to standardise the employment rights available to carers, such as maximum working hours, entitlement to statutory sick pay and protections against unfair dismissal, while also considering the important issue of collective sectoral bargaining. Through that, we would hope to see improvements in pay, minimum allowances, holidays and pension entitlements. As the UK continues to lose foster carers at an alarming rate, now is the time for that basic oversight, which will help to ensure we have enough safe and loving homes for the vulnerable children who need them.

My amendments 316 to 323 relate to the issue of redundancy. Over the years, I have negotiated with a number of employers over hundreds of redundancies, and I am seeking to improve the legislation based on that first-hand experience. Amendment 316 would require an employer to hold meaningful consultation even if they were preparing to make fewer than 20 staff redundant—something that many good employers already do, of course—whereas amendments 317 and 318 would introduce greater sanctions for those who fail to consult properly. Amendment 319 would treat workers dismissed under fire and rehire as having been made redundant and would ensure that they receive greater remuneration as a result.

Amendments 320 to 323 all seek to improve the level of redundancy pay by removing the 20-year cap on entitlements; by ensuring that someone with 10 years and six months’ service, for example, receives 11 years’ redundancy pay rather than 10; by basing the statutory redundancy calculation on months rather than weeks; and by ensuring those with less than two years’ service also have the right to redundancy payments.

Of course, there are many reasons why redundancies occur, but at the moment, the rules and sanctions around this issue enable some unscrupulous employers to exploit the situation and treat their staff unfairly. These amendments seek to address that imbalance, and I hope the Government will consider ways in which the issues I have highlighted can be included in the legislation.

[Nadia Whittome]

I am a proud trade unionist, and I refer to my entry in the Register of Members’ Financial Interests.

I commend the Minister and the Deputy Prime Minister for introducing this landmark legislation, as well as my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), who did a huge amount of work on it as shadow Minister. All of them have dedicated their lives to standing up for working people, and this Bill is a culmination of that work and the work of trade unionists over many, many years.

I would like to speak in support of new clause 73. My own experience of taking time off work as an MP and the contrast with the experience of those on statutory sick pay made it clear just how badly reform is needed. Some years ago, when I needed to take a leave of absence because of the severity of my post-traumatic stress disorder symptoms, I received full pay and a phased return, but for many workers, that is a million miles from their experience. The UK has some of the worst sick pay entitlements in Europe. The fact that the Bill means that sick pay will be paid from day one, instead of after day three, is very welcome, as is the removal of the eligibility threshold, increasing access for more than 1 million low-paid workers. However, we must acknowledge that without increasing the rate, the low level of statutory sick pay will continue to place a terrible burden on those who are already poorly paid. That is why amendment 7, tabled by my hon. Friend the Member for Bradford East (Imran Hussain), is so important.

Those are far from the only issues. Another problem is the inflexibility of statutory sick pay, and that is why I have worked with the mental health charity Mind to table new clause 73. More than 8 million working-age people have long-term health conditions and experience challenges at work. Statutory sick pay currently does not allow for a proper phased return or for workers to reduce their hours during periods of ill health. Statutory sick pay can only be paid for a full day of sickness. If a worker needs a half day, for instance, SSP cannot be used to cover the hours they are not working.

If we force people to return to work before they are ready, whether that is because they cannot afford to remain on statutory sick pay or because a phased return is not an option for them, they are far more likely to be trapped in a cycle of poor mental wellbeing and to fall out of work completely. New clause 73 would mean that sick pay was paid pro rata, by hours rather than days, to allow for that greater flexibility.

Years of successive Government reviews have come to the same conclusion: a flexible statutory sick pay model would improve lives and better support people to remain in work. I have appreciated Ministers’ engagement with me on this issue, and I hope the Government will commit to looking at it further, especially as the cost to the Government would only be administrative. However, the impact it would have on people’s lives is huge.

The Labour movement fought long and hard for the right to sick pay and proper support for those with long-term illness and disability, whether in work or not, because our movement and our party exists to stand up for the whole of the working class. At a time when more people are affected by sickness and disability, it is crucial that this Government support them and do not scapegoat them for the failures and the political choices of the Conservative party.

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

As a young worker in the late 1980s, I experienced the precarious nature of the world of work, along with many of my peers. Lack of knowledge about our rights and the fear of being sacked if we complained about our terms and conditions politicised me and made me a lifelong trade unionist and a member of Unite and Unison. I wish to speak to new clause 92, on rolled-up holiday pay for irregular hours workers and part-year workers, and new clause 93, entitled “Working Time Regulations 1998: records”, which are tabled in my name. Like most colleagues in this House, and along with the trade union movement and the millions of workers who will benefit from its provisions, I warmly welcome the Bill and thank everyone who has campaigned for it long and hard.

The majority of people spend a huge portion of their lives in work. Work should be an opportunity to be fulfilled, to live fully, to support ourselves and our family, to develop as individuals, and to contribute to society. In reality, however, for too long and for too many the world of work has been, and is, a world of uncertainty and ruthless exploitation, often stripping people of their dignity and their worth. For millions there is a struggle to obtain secure work, and that strengthens the hand of employers to drive a hard bargain to benefit their balance sheet and their profits. For those who can secure work, working life can remain unclear and insecure. It can include irregular and uncertain employment, uncertainty about hours, payment, and vital matters such as holiday pay and entitlement. While others in the House boast of their endless push for so-called flexible labour markets, the reality is very different for those on the other side of the employment contract—for the workers.

The previous Government spoke about cutting so-called red tape, when they really meant reducing people’s working rights and strengthening the powers of boardroom billionaires. My proposed new clauses are in relation to certain sectors, although they would benefit all workers. It is widely known and acknowledged that some employers use so-called rolled-up holiday pay as a device to tackle their obligations to provide paid time off for holidays. Holidays and breaks from work are essential for workers, and a recognised factor in delivering an effective organisation in the public and private sectors. So-called rolled-up holiday pay is a mechanism by which an employer adds holiday pay to basic pay throughout the working year, but does not provide it separately at the time of taking the holiday. It is acknowledged, including by ACAS, that that creates a risk that a worker may feel under pressure not to take any holiday, or to take less holiday than they are entitled to. That is particularly a risk for those who work in sectors of the economy where the work is irregular, and along with that, their work also tends to be lower paid. The pressure on such workers is immense. New clause 92 seeks to address that risk—a risk accepted and addressed by rulings from the European Court of Justice.

New clause 93 would ensure that working time is accurately recorded by employers. Colleagues across the House may recall that the recordkeeping requirements under the Working Time Regulations 1988 were watered down by amendments tabled by the previous Government in November 2023, following the UK’s withdrawal from the EU. They believed that it was too cumbersome to require employers to maintain accurate records on behalf of employees, referring to it as “time consuming” and “disproportionate reporting.” What a load of rubbish. With advances in modern technology, there is no excuse for an employer to fail to accurately and precisely keep records of the working time contributed by a worker. The onus of managing records should be shifted from employees to allow them to focus on their own roles without added administrative requirements.

This Government’s Employment Rights Bill will deliver a new deal for working people, and I wholeheartedly support it, but I urge the Minister to take account of the issues I have raised and to accept new clauses 92 and 93, which would strengthen the Bill’s provisions and increase protection for the sections of workers who need it the most.