Unpaid Trial Work Periods (Prohibition) Bill

Debate between Nigel Huddleston and Stewart Malcolm McDonald

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

[Stewart Malcolm McDonald]

Yes, I do believe that. What the hon. Lady says is funny; I have put a name on it—I have called it an unpaid trial shift. Most folk would say, “What on earth is that?” but when I explain it, they realise that their own kids have done it, their neighbours’ kids have done it or their nieces and nephews have done it. Everybody knows somebody who has done it.

On hospitality, I will say this. I had a very constructive meeting with the British Hospitality Association, which supports measures such as this because it wants the industry to be seen as an attractive place to work and build a career in. Anything this Parliament can do to help hospitality or other sectors can only be a good thing.

[Nigel Huddleston (Mid Worcestershire) (Con)]

Will the hon. Gentleman give way?

[Stewart Malcolm McDonald]

I know that the hon. Gentleman has an interest in hospitality, so I will give way.

[Nigel Huddleston]

Not any more, I am afraid. I thank the hon. Gentleman for giving way. He is making some really important points. I am glad he recognises that the hospitality and leisure industry, which employs about 3 million people in the UK, has good and bad practices, but they are generally good. That is important to recognise.

First, I think we are hearing a clear message from this House to the Minister that, depending on how the Bill progresses today, we need to make sure existing legislation works properly, because that is one of the gaps. Secondly, on the great Tory philosophy of “make work pay”, anybody who makes anybody work must make sure they pay them.

[Stewart Malcolm McDonald]

I never thought I would bring forward a Bill that encompasses Tory philosophy, but this is a Bill that makes work pay. I hope the hon. Gentleman will do everything in the short time left to make sure the Bill proceeds.

I want to bring my remarks to a close, to allow others to say what they wish. The hon. Gentleman’s first point was about whether the law works or not. I do not believe it does, but the Government do. I know that because they have made public statements and because I have had conversations with the Minister. I do not believe the law works, and the legal advice I have suggests that it does not. The trade unions do not believe it does. I shared all that advice with the Government after they asked for it and had no issue in doing so, but it does not seem to have changed their mind. If the law did work, there would have been one tribunal in 20 years of the law that the Minister says covers this, but there has not been. That, in itself, tells me that the law does not work.

I know the Minister believes that the law covers trial shifts and unpaid internships. He said to me, “Stewart, we have no wish to derail your Bill, but we think the law covers it already.” Let us split that proposition, because those two things cannot sit comfortably together. If the law as it stands covers this—if the Minister listens, I can educate him—there is a problem for the Minister, because I have found on the w4mp website an unpaid internship from 2012 in his office for three to six months.