Employment Rights Bill Debate
Full Debate: Read Full DebateNusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Department for Business and Trade
(1 day, 21 hours ago)
Commons ChamberNo, I will not give way.
This law will strengthen their hand. I say, in the words of the greatest pub manager of all time—Peggy Mitchell—to the proposers of the amendment, “Get outta my pub!”
What a speech to follow. I cannot quite claim to be Peggy Mitchell, but I will try to live up to that brilliant remark.
I rise as a proud member of the GMB. I happily refer Members to my entry in the Register of Members’ Financial Interests. I will speak to new clauses 37 and 38, which relate to part 3 of the Bill. They will strengthen the bargaining power of social workers and, by doing so, create a stronger working relationship between employees and employers that both sides will invest more in. That means higher wages for those who look after our parents, more training and a healthier social care workforce. Both sides will invest more; both sides will benefit more. Pro-worker, pro-business, pro-growth—that is what these amendments and this Bill will achieve.
Before entering this place, I was a trade union rep, and I worked with my colleagues to help stop a 33% pay cut in my workplace. Workers speaking with one voice meant a happier and more productive workplace—one voice to set out what it means to increase productivity. That is why this is a pro-growth Bill.
Social care workers are among the lowest paid in our economy. One in six are legally paid less than the minimum wage. Little proper certification, reward or recognition for skills means that there is little training. Poor conditions mean that almost half suffer from work-related stress. Low pay, little progression and poor conditions are the reasons why a third of social care workers leave the sector each year. That is what this Bill and these new clauses will fix. The Adult Social Care Negotiating Body will mean more social care workers speaking as one voice, gaining higher wages, better conditions and more training. Those benefits do not just appear on payslips; they mean less time spent worrying about paying the bills, and more time with our families and reading to our children. They make workers more productive and benefit employers—they make life worth living.
Those on the Opposition Benches say that life cannot improve. They have talked a lot of fear instead of hope and the change we can achieve. They will likely vote against our amendments and against the Bill. In doing so, they would deny their constituents better wages and, indeed, a better life. We cannot simply sit back and hope that wages rise, that training will magically appear, or that conditions will get better on their own. We have to act to make it so. The Bill and the amendments do exactly that by giving social care workers the power to speak with one voice to negotiate higher wages, better training and better conditions, benefiting employee and employer—pro-worker, pro-business and pro-growth. That is what the Bill stands for. That is what I stand for. That is what we stand for.
The hon. Gentleman may know that I am the co-chair of the all-party parliamentary group on carers. We are very pleased that there are now unpaid leave requirements for carers; on other occasions, I have urged the Government to look into going further with paid entitlements for carers. There is a real opportunity to enable the 3 million carers in paid employment to remain in employment and to stop the loss of an estimated 600 people per day who leave work due to their caring responsibilities. While that is not part of this Bill, hopefully the Government and the Minister will respond to that.
That is the first area of the Bill that I really welcome. The second, which has huge benefit for care workers, is its provisions on pay and conditions through pay agreements. I echo some of the comments made by my hon. Friend the Member for Loughborough (Dr Sandher), who is no longer in his place, about the huge benefits that these will bring to so many of our valued adult social care staff.
The establishment of the new Fair Work Agency will ensure that everyone is playing by the same rules, and strengthening powers to deal with modern slavery and labour abuse will further extend protections to care workers. Many care workers have come to this country on overseas visas and, having paid extortionate fees in their country of origin, have found themselves tied into accommodation here, on zero-hours contracts and being exploited by the care companies. As such, the provisions in the Bill are very welcome. We know that too many care workers live in poverty; research by the Health Foundation suggests that one in five care workers cannot afford the essentials, either for themselves or for their children. I am proud to be sitting on the Labour Benches as we bring forward fair pay agreements, along with the abolition of exploitative zero-hours contracts, which will finally provide security for our valued social care workers.
In implementing these changes, it is really important that we establish a framework to help home care workers in particular—some of whom I met recently—who are not paid for their travel time or their sleep-in hours, despite the fact that such practices should be illegal. As we take forward the fair pay agreement in adult social care, I urge the Minister to work with colleagues to ensure it is accompanied by an ethical charter for care providers to sign up to. This Government have already shown how serious they are about valuing those who do so much to care for, and provide support to, disabled adults and older people in this country.
The third area I want to mention, which other colleagues have talked about and which my hon. Friend the Member for Bradford East (Imran Hussain) has addressed in his new clause 102—[Interruption.] Madam Deputy Speaker, I keep looking at the clock. I believe there is an issue; would you please advise me on my remaining time?
Yes, the clock has stopped. You started at 7 pm, but you did take an intervention, so I think you can go for one more minute.
Thank you very much, Madam Deputy Speaker.
Very briefly, I am delighted that the Government are strengthening statutory sick pay. During covid, many care workers were forced to go into work—at their own risk, and risking those they were caring for—because they were not eligible for statutory sick pay, so strengthening it is an excellent move.
In conclusion, this Bill, together with the proposed Government amendments and some of those suggested by my hon. Friends, will ensure that the 1.5 million people working in adult social care can get fair pay, guaranteed hours, statutory sick pay and day one rights. It is good for workers, and it is good for women.
No, because many Members are waiting to speak.
I welcome Government amendments 80 to 85, which specify the level of sick pay that low-paid workers will now be able to expect from day one. I know that some employers wanted to pay a bit less and trade unions wanted a bit more, but 80% is a compromise. I certainly do not support the delaying tactics of the Opposition, who have sought impact appraisals that already exist and show that these changes will lead to an increase in productivity and growth if we can get disabled people working when they want to do so.
This transformative Bill responds to a key demand of the disability employment charter for a default right to flexible working. For many disabled workers, the ability to organise their hours around taking medication and dealing with pain or fatigue will mean being able to keep their job rather than ending up sick or being marched out of the door. In line with the charter, this new law also introduces paid time off for trade union equality representatives, a subject that I know we will discuss tomorrow. Negotiating reasonable adjustments can take time, and input from a trained person, whose priority is to keep the worker in his or her job, will make all the difference.
However, Unison research has established that nearly a quarter of disabled workers who asked their employers for reasonable adjustments waited a year or more for help, and some never even received a reply. You cannot do a job that causes you pain, or sets you up to fail, so it is no wonder that disabled people end up out of the door. The disability employment charter calls for a new right to a two-week deadline for at least receiving a reply to a reasonable adjustment request. Currently there is no deadline for such a response, although in the case of flexible working requests the employer must respond within eight weeks. I have had constructive discussions with the Minister for Social Security and Disability, my right hon. Friend the Member for East Ham (Sir Stephen Timms), and I am hopeful that we may see such a deadline included in the “Get Britain Working” plan, which complements the Bill.
Many good employers already support disabled workers, and I pay tribute to the 240 who have backed the disability employment charter and rights for those workers. The Bill and the Government amendments will ensure that there is a level playing field, so that bad employers cannot undercut those who want to do the right thing. They will ensure that more disabled workers can keep jobs that they value, and can contribute to the growth that we need to get our economy working again.
I call Alex Sobel, and ask him to keep his remarks to four minutes.
I refer Members to my entry in the Register of Members’ Financial Interests, and my 28-year membership of the GMB union.
New clause 72, which stands in my name, would place a duty on employers to investigate whistleblowing concerns and establish internal channels for reporting and managing whistleblower disclosures. In recent years we have seen scandals rock the country in which whistleblowers raised the alarm at an early stage only for their warnings to be ignored and for disastrous consequences to follow. Scandals with thousands of victims, such as the Post Office Horizon case, the Grenfell Tower fire tragedy and the collapse of Carillion, involved whistleblowers raising the alarm only to face a wall of silence. We saw the very worst of that at Yorkshire cricket club in my constituency when Azeem Rafiq suffered years of racist harassment and abuse. Despite the number of players who admitted to racist remarks or actions, the club’s leadership refused to accept their mistakes and refused to release the full report, instead releasing an edited summary. Only when Azeem appeared before the Culture, Media and Sport Committee did the full scale of institutional racism at the club become known.
These failures have a tragic human cost, and they often place a significant strain on the taxpayer. According to the report “The Cost of Whistleblowing Failures”, the avoidable costs incurred owing to the failure to listen to whistleblowers in the Post Office Horizon, Carillion and Letby cases was £426 million.
It is unacceptable for the taxpayer to have to bear the burden of failed systems and a failed legislative framework, which is why we need a new legal duty on employers to investigate whistleblowing. New clause 72 would ensure that employers must take “reasonable steps” to investigate any protected disclosure made to them. It would compel large employers to establish internal channels and appropriate procedures for reporting. By ensuring that disclosures are investigated, we can prevent scandals such as Horizon from occurring and ensure that harm in the workplace is dealt with early. The new clause is proudly pro-worker and pro-business, and would tackle one of the long-standing issues with our current whistleblowing legal framework for workers. The status quo provides only an after-the-event remedy for whistleblowers, and this new clause would ensure that there are channels for whistleblowers from the start.