Covid-19: Employment Rights

Owen Thompson Excerpts

Tuesday 17th November 2020 Westminster Hall

[Owen Thompson (Midlothian) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I join others in congratulating my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands) on initiating this important debate. I certainly note that, as the hon. Member for Easington (Grahame Morris) said, the number of Members taking part shows the real importance of this issue. I also welcome my hon. Friend’s Bill—the Employment (Dismissal and Re-employment) Bill—and commend that to Members, as well as the work that he is doing to end the practice of firing and rehiring.

The days of people worrying for their lives when they go to work should be long gone. Gone, too, should be the days when staff have to put up with salaries that do not pay the bills and with exploitative contracts that take advantage of job insecurities. Employers have a duty to look after their staff, and it is even more important in these difficult times that workers are properly rewarded with a real living wage and working conditions that allow them a comfortable life. It was a tough slog to get the employment rights that we enjoy in the UK, and we cannot let them be one of the casualties of this crisis.

One easy step that the Government could take would be to support the private Member’s Bill of my hon. Friend the Member for Paisley and Renfrewshire North to stop firing and rehiring on less favourable terms. They could also ensure that employees understand their existing rights and the working mechanisms to ensure that employers meet their obligations.

It has been clear historically that many Conservative Members are not fans of workers’ rights, as many ex-mining communities such as those in my constituency will testify. More recently, with the Trade Union Act 2016, Conservatives did all they could to undermine trade unions and workers’ collective bargaining rights. Perhaps they prefer working practices to be a little like the way No.10 appears to operate: a wild west where following the rules and showing respect for others goes out the window.

The hon. Member for York Central (Rachel Maskell) referred to the rights of women and working mothers, on which I should like to focus in my comments. There are fears that, without action, this pandemic could set women’s employment back a generation. Unlike previous recessions, many of the sectors most devastated—retail and hospitality—are major employers of women. We know that women are more likely to be in insecure contracts, to have greater caring responsibilities and to be in a precarious position over coming months as jobs are on the line.

A joint report from Maternity Action, “Covid19: new and expectant mothers in the front line”, cites a TUC survey from June, when one in four pregnant women and new mothers surveyed had experienced unfair treatment or discrimination at work, including being singled out for redundancy or furlough. In the same month, a survey by the Office for National Statistics found that parents, at 13.6%, were almost twice as likely to report that they had been furloughed as workers without children, at 7.2%. I am grateful for the fact that the furlough has eventually been extended, but fears remain that many hundreds of thousands of furloughed jobs will be lost, with a new wave of discrimination when the scheme winds down.

Another private Member’s Bill that the Government could throw their weight behind was introduced by the right hon. Member for Basingstoke (Mrs Miller) on pregnancy and maternity protections. I certainly urge them to do so. This would be similar to the legal framework in Germany, strengthening redundancy provisions for pregnant women and new mothers and ensuring that jobs are less likely to be put unfairly at risk during maternity leave. It could be done swiftly and would benefit thousands.

Why would the Government not embrace such a cost-effective solution? In theory, extending maternity and paternity leave regulations and ensuring that a suitable alternative vacancy is offered when one is available are not without cost, but doing so has so many benefits. Women’s rights and protections when pregnant are in existing health and safety guidance, but it is worth placing that on the record because there seems to be some confusion about it in the comments of some hon. Members.

Pregnancy is not an illness: it is important that we are absolutely clear about that. The guidance, however, is often little known or understood. If pregnant employees cannot work from home, employers should undertake a risk assessment to determine what steps must be taken to make the workplace safe for them. If an employer is unable to provide a workplace that meets those requirements, a pregnant woman must be suspended on full pay.

When the UK Government gravely warned pregnant women about the dangers of the covid-19 virus, they could and should have clarified those rules. Instead, many women report being forced to take annual leave or unpaid leave or to use maternity leave early when the pandemic meant they could not safely perform their roles. Surveys have found that around half of pregnant women have had a risk assessment carried out, and equally few feel confident that their employer will, in accordance with the legislation, accommodate the outcome of the risk assessment. Surely, looking after pregnant women should be a priority of any Government or any civilised society.

The UK Government’s response to pregnant women and mothers who have been unfairly treated has been to advise them to take matters to an employment tribunal. I am delighted by this Damascene conversion to the value of employment tribunals, given that the trade unions had to drag the Government through the courts to get rid of the fees that prevented access to tribunals for those who could not afford it. Tribunals are a vital tool, but early prevention in disputes is a far better cure. So why not get the guidance right in the first place? Why not make these issues legally enforceable and put deterrents in place for bad employers? Why put all the extra stress and pressure on the employees to fight their corner and put extra pressure on a tribunal system already feeling the strain?

So far, from written questions that I have asked on these matters, very few answers have come my way and they do not offer much comfort to tax-paying workers struggling to get by while facing discriminatory practices under the cover of the current pandemic. I urge the Government to improve the commitment to employment rights, tighten up laws where necessary—we have heard a few examples today—and make sure that they really do wrap their arms around everyone by protecting them from unfair employment practices.