Unpaid Work Trials

Philip Hollobone Excerpts

Tuesday 5th February 2019 Westminster Hall

[Mr Philip Hollobone (in the Chair)]

Before we begin the debate, I advise hon. Members that we are expecting a Division in the House within the next 10 minutes, upon which this debate will be suspended for 15 minutes to enable hon. Members to vote. I call Stewart Malcolm McDonald.

[Stewart Malcolm McDonald (Glasgow South) (SNP)]

I beg to move,

That this House has considered the use of unpaid work trials at the outset of employment.

Thank you very much, Mr Hollobone; it is always a pleasure to see you in the Chair. Hon. Members will know of my longstanding interest in this issue, having introduced a private Member’s Bill on it after the 2017 election: the Unpaid Trial Work Periods (Prohibition) Bill. Unfortunately, and I hate to start on a sour note, my Bill was talked out by the Minister’s predecessor, the hon. Member for Burton (Andrew Griffiths), when he was in post. I am an optimist, however, and I am optimistic that the new Minister will drive us in a different direction, see the gravity of the problem, and bring forward the necessary legislation to prevent that exploitation from continuing.

There are many people—not just in this House, but outside it as well—whom I should thank for their input during my preparations for that Bill and for this debate, and during my long campaigning on the issue, but I will single out one campaign for mention: Unite’s “Better Than Zero” campaign. It has been at the forefront of not only challenging the use of unpaid work trials, but putting forward a credible alternative to exploitative work practices, with a particular focus on the hospitality sector. I encourage all hon. Members to support that campaign, particularly its hospitality charter.

I will outline exactly what is going on and why it is a problem that needs fixing. Unpaid work trials—the period between applying for a job and being given the formal job offer—are at the heart of what I want the Government to fix. I want them to fix the fact that that part of employment law is entirely unregulated, although I am sure the Minister will dispute that when she gets to her feet. There is a deficiency in the National Minimum Wage Act 1998, for which, in fairness, I do not blame Labour. Nobody saw it as an issue then and has not for the last 20 years, but it is a deficiency that needs to be fixed.

During my research for this debate and the preparations for my private Member’s Bill, many hundreds of people got in touch to give me their personal experiences of what it is like to take part in an unpaid trial shift. I myself did it when I was younger, as, I am sure, did many other hon. Members. Unpaid trials range from perhaps a couple of hours in a coffee shop or a hotel, for example, right up to the extreme end, with the most extreme that I have come across being a 40-hour working week, where people tried out for a job that they would not be paid for and had no guarantee of securing permanently.

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[Several hon. Members rose—]

[Mr Philip Hollobone (in the Chair)]

Order. I am obliged to call the Front-Bench spokespersons no later than 5.23 pm. The guidelines give five minutes to the SNP, five minutes for Her Majesty’s Opposition and 10 minutes for the Minister. Stewart Malcolm McDonald will be allowed a couple of minutes at the end to make concluding remarks. Five Back-Bench Members wish to contribute, so I will impose a four-minute limit on each speaker.

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[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate my constituency neighbour, my hon. Friend the Member for Glasgow South (Stewart Malcolm McDonald), on securing the debate. I emphasise my support for his private Member’s Bill.

I am one of the Scottish National party signatories to that Bill, alongside my hon. Friends the Members for North Ayrshire and Arran (Patricia Gibson), for Glasgow East (David Linden), for Glasgow Central (Alison Thewliss), for Glasgow North (Patrick Grady) and for Glasgow North West (Carol Monaghan). I also pay tribute to the hon. Members for East Lothian (Martin Whitfield) and for Edinburgh South (Ian Murray) for their support. Indeed, the Bill is supported by Members from every single political party represented in the House. You look surprised, Mr Hollobone, but there are Conservative Members who support my hon. Friend’s Bill.

[Mr Philip Hollobone (in the Chair)]

Order. As Chairman, I have neither a surprised face nor any other kind of face. Mine is a neutral face. I am just listening to the hon. Gentleman’s speech with great interest.

[Chris Stephens]

Thank you, Chair. All I will say is that I will play you at poker for money any time. We will move on.

The Bill promoted by my hon. Friend the Member for Glasgow South is supported by the Scottish Trades Union Congress and the Trades Union Congress. As my hon. Friend outlined, he has been assisted by both “Better Than Zero” and Unite the Union’s hospitality section, and I thank Bryan Simpson, a constituent of my hon. Friend’s, for sending us an excellent briefing for the debate. It highlights several issues that hon. Members have addressed, including Mooboo, which I will come on to, and Aldi, which has had to change its practices.

The briefing also includes the testimony of individuals who have been through unpaid work trials. Rachel from Bearsden said:

“I did two unpaid trials of 5-6 hours each for a local restaurant who then strung me along for weeks with the promise of shifts before ending contact.”

Nicole from Renfrew said:

“I went to one of these and it is actually slave labour. They use you to get the shop ready for opening time and get annoyed if you make any mistakes (even though you haven’t been trained to do the job). They just abandon you and come back moaning that you’ve not finished the million tasks to do. They then emailed me the next day saying I was unsuccessful and that they can’t provide feedback because of the volume of applicants.”

Those are just some of the cases studies that Unite supplied.