Unpaid Trial Work Periods (Prohibition) Bill

Neil Gray Excerpts

2nd reading: House of Commons
Friday 16th March 2018 Commons Chamber

[Stewart Malcolm McDonald]

The hon. Gentleman anticipates where my speech is about to go, but to come back to the point made by the hon. Member for Horsham (Jeremy Quin), in the hospitality and retail sectors, where this practice is known to be widespread—it is by no means exclusive to those sectors, but it does happen in them rather a lot—there is a difference between a person applying for a job to be, for example, a barista in a coffee shop or a cocktail maker in a hotel bar, and their demonstrating that they can do the things that they have said they can do, which is fine, and a trial shift in which the applicant is asked to work alongside someone on a paid shift, doing the same job as them, but is not paid.

The Government think that the existing law is sufficient to deal with and prevent that kind of thing from happening but, as the hon. Member for Alyn and Deeside (Mark Tami) said, all too often a company advertises an unpaid trial shift, and in some cases it might be two or three hours, but in some of the more extreme cases, including the case that first brought this issue to my attention, it is 40 hours. Yesterday, the BBC interviewed someone who had done four weeks of unpaid trial work. Here is the deeply cynical element: in a lot of cases, there is not actually a job to give the person—it is about covering sickness, staff shortages, busy periods over Christmas or wedding seasons in hotels. That is where the law is insufficient to prevent gross exploitation.

[Neil Gray (Airdrie and Shotts) (SNP)]

I hugely commend my hon. Friend for introducing this Bill and for the strong and erudite way he is presenting it. Is not the greatest tragedy of trial shifts that most often the people who are exploited have learning disabilities? They are desperate for work and see these shifts as their only opportunity. That is a key reason why the Bill must be passed.

[Stewart Malcolm McDonald]

My hon. Friend makes a very good point. Too often that is what happens. The people who fall victim either do not know their rights and cannot stand up for them, or are unwilling to challenge employers on their rights because they are in fear of losing their job. This practice hits the lowest paid and the lowest skilled in our economy, and this is a Bill to protect the lowest paid and the lowest skilled in our economy.

--- Later in debate ---

[Stewart Malcolm McDonald]

I am very grateful to the hon. Gentleman, who has been a great supporter of the Bill from the outset and has had good input into it too. He is right—it is a deeply horrifying and cynical practice. Imagine if that was your first introduction to the world of work: how would it make you feel about trying to secure work for yourself in future? I think we are all united in believing that it is a good thing when people want to go out there and secure work of some kind.

[Neil Gray]

rose—

[Stewart Malcolm McDonald]

The MP of the constituent in the case I have mentioned wishes to intervene.

[Neil Gray]

The worst part of that story was that my constituent was rota-ed to be in that work the following week, which gave him the impression that he had in fact secured the job. He was told, on the last day possible, that he had not applied enough effort, which was clearly patently wrong. That type of behaviour is utterly shameful and must be called out.

[Stewart Malcolm McDonald]

I did not know that additional detail. It is shameful and it is right to call it out. It is the last time that I will be setting foot in B&M Bargains, which is a great shame because I pass it on the way to my constituency office every day. Let me say that I mean no malice to the workers of that company but instead the bosses who allow that kind of practice to go on.

--- Later in debate ---

[Chris Philp]

It is indeed fraud as my hon. Friend says, and I entirely agree with his interjection. I look forward to the Minister offering his thoughts on that in due course. [Interruption.] Excuse me Madam Deputy Speaker. I am recovering from the remains of a cold that my children kindly gave me last week. [Interruption.] Does the hon. Member for Glasgow Central (Alison Thewliss) wish to intervene?

[Neil Gray]

She was suggesting you could sit down.

[Chris Philp]

That is a very kind suggestion, but I am afraid I have not yet finished. This is an important matter, and we will give it due consideration—[Interruption.] That has made my cough even worse.

As I understand, under current drafting, any period of trial working, even as little as five minutes, would fall foul of the Bill. [Interruption.] The hon. Member for Glasgow South is nodding his head in assent. As with any piece of regulation, there is a balance to be struck. I completely agree that all the examples we have heard about are totally unreasonable. Such behaviour should be unlawful, and those companies should be prosecuted and fined. However, there are examples—I am coming to the conclusion of my remarks—of companies that, quite legitimately, want someone to do a reasonable amount of trial work, by which one might mean a few hours. I would consider three or four hours to be the maximum amount of time considered reasonable, and it could be unfair to impose on those businesses the administration involved in setting up payroll, PAYE, national insurance, a return to HMRC and so on, for a short and reasonable period of trial work.

[Chris Philp]

As we have discussed previously, that would be wholly unreasonable for an entire eight-hour shift. However, a trial for an hour, testing someone serving coffee in a live work environment, for example, gives the potential employer information about that person’s suitability. In the coffee shop example, I would consider it reasonable to have someone work for one hour as a trial and not require payment. Working an eight-hour shift would and should require full payment. My concern is that the one-hour trial would get caught by the Bill as drafted.

[Neil Gray]

I am pretty sure that Members who are employers will have it written into their contracts that all staff start with a probationary period. Is that not a more appropriate way to handle this matter?

[Chris Philp]

I am not sure that it is. If someone is taken on as an employee for a probationary period, the reasonable expectation is for them to work with the company for a few months—a probationary period is typically at least one month, and in some cases three. Asking an employer to employ for between one and three months someone who, it transpires after a few hours, is unsuitable is a little unfair on the employer.