Terms and Conditions of Employment

Rachael Maskell Excerpts

Tuesday 3rd March 2020 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

We are here today to debate the establishment of statutory parental bereavement leave and pay arrangements following Royal Assent to the Bill known as Jack’s law, in memory of Jack Herd. I pay tribute to his mother, Lucy, who will today see her work reach its concluding stages.

I am sure that Members on both sides of the House welcome the introduction of these measures, and I thank those from all parties who have advanced the need to establish bereavement leave and pay. Over the past few years, Members have recalled their own personal grief at the loss of a child or a stillbirth. The pain, the heartache and the impact are personal, but those who have had to face such sadness need a state that provides universal support to parents. In particular, I want to thank my hon. Friend the Member for Swansea East (Carolyn Harris), who has powerfully shared her own circumstances following the loss of her son and has forced Parliament to take a fresh look at bereavement, and the hon. Member for Thirsk and Malton (Kevin Hollinrake), my North Yorkshire colleague, who took the private Member’s Bill through the House.

I know that trade unions and businesses also welcome these measures. The Opposition believe that this is a first step, and one that we hope to build on as better understanding of grief and bereavement is acknowledged. While the provisions make adjustments for a period of two weeks, for those who have experienced loss, bereavement can last a lifetime. We need employers to look at what more can be done to support workers at difficult times.

I want to raise a number of issues regarding the regulations. The statutory instrument on pay applies only to employees. Clearly the measure is welcome, but it means that not all workers, as the Minister said, can access the provisions. Regulation 11 of the draft Statutory Parental Bereavement Pay (General) Regulations 2020 defines who would be entitled and who would be excluded, but will the Minister set out how he plans to address this inequality? Labour is clear: we would want to create a single status of “worker” to which all provisions would apply.

How will the Government ensure that bereaved parents in precarious work, including those on zero-hours contracts, can access two weeks’ statutory bereavement leave? While the provision for a statutory period of leave applies to all employees, the regulations that come into effect on 6 April 2020 make provision for statutory pay to apply only to those who have completed six months of service. However, bereavement and loss do not respect timelines. If someone loses their baby or child in their first six months of employment, the provisions should be extended to them. The loss is as great, and the need for leave and support as necessary.

The fact that the ability to take leave will, for some, be without pay means that those with the fewest means might not be able to afford to take it. Will the Minister set out why there is a limitation for those who have worked for less than six months and will he review it? While the regulations make provision for leave and pay for parents who lose a baby through stillbirth or who lose a child up to the age of 18, what provision has been made for parents who experience baby loss earlier in pregnancy? Further work should be done in this area.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I thank the hon. Lady for her kind comments earlier. She will acknowledge that, as the Minister said, this is a signal to employers. It is not simply a case of, “This is what you have to give.” She will agree that most employers are considerate in such circumstances and will go much further than the regulations require. This is the floor that we will work from, rather than the ceiling.

[Rachael Maskell]

I thank the hon. Member for his comments. He is absolutely right that this should be the beginning of a much broader conversation with all employers, whatever the circumstances in which they employ their staff.

It is believed that 10,200 parents each year will be eligible for statutory parental bereavement leave, with 9,300 eligible for statutory parental bereavement pay, meaning that about 1,000 parents a year will not be entitled to the pay provision. Will the Minister look again to see if day one provision could be extended specifically in that area?

I further seek to clarify that under the provisions of regulation 8 of the draft Parental Bereavement Leave Regulations 2020, two weeks’ statutory parental bereavement leave could commence following a completed period of maternity or paternity leave, provided that the two weeks’ allowance is used within 56 weeks of the loss of a baby or child. Labour believes that ensuring that all workers have day one rights would recognise that loss is loss and bereavement is bereavement. Arbitrary timescales should not come into this. While we would extend day one rights to all areas of employment law, it is important that the position is revisited for bereavement pay.

I also trust that employers will recognise the strength of these arguments and seek to go further when implementing these provisions. Good employment focuses on taking care of the holistic needs of the workforce, most acutely at the time of greatest need. We need to provide more time, time spread over a longer period, full pay, and support at key times, for instance on anniversary days. I trust that employers will be compassionate in making the fullest offer to staff, should they experience the loss of a baby or child.

Of course, bereavement brings its own patterns of grief, and time is necessary to come to terms with such loss. I hope that the Government will revisit this shortly, perhaps in the forthcoming employment Bill. The loss of a parent can often involve people having to take many additional practical measures to manage the parent’s estate or belongings, such as clearing a property. Bereavement leave could therefore be extended.

Research shows that not all parents are aware of their rights. For instance, 58% of those in low-paid work are not aware of what they are entitled to, and 63% are not aware of the right to unpaid parental leave, according to the TUC. Some have been found to use sick leave to address a family caring responsibility. That highlights the fact that from 6 April, not all parents will be aware of the changed provisions. Will the Government put in place a systematic approach so that parents can learn about these new measures? While we would hope that employers will inform their staff, may I suggest that NHS and hospice staff, as well as registrars for deaths, are briefed on the new provisions?

From 6 April this year, bereaved parents will have some time and support to manage the difficult days and weeks following the loss of their baby or child. This is a first step, and the Opposition will support the regulations today.

--- Later in debate ---

[Paul Scully]

I thank all hon. Members for their consideration of these SIs and for their valuable contributions to the debate. I hope that Members on both sides of the House can agree that they are essential to ensure that no employed parent faces the prospect of returning to work too soon after the tragic loss of a child, should they need time away to grieve.

We are giving parents an important choice through the SIs, allowing them to decide what is best for their needs. They might otherwise have been reliant on the good will of their employer—as we have heard, it has not always been the case that employers have shown that goodwill. The provisions in the SIs strike the right balance between the needs of bereaved parents and those of their employers, who will administer the new entitlement.

My right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who is no longer in his seat, withdrew his question, but it is important that people listening understand what we are doing for adoptive parents. He asked why someone who had applied for an adoption order but had their application rejected would not qualify. The grief experienced by an individual in such circumstances would affect them greatly, and an adoptive parent would qualify from the point at which the child was placed with them for adoption, irrespective of whether the application was rejected, if the child had been living with them for four weeks or more and had been cared for by them during that time. The four weeks is important because it covers other definitions as well so as to be as inclusive as possible.

The hon. Member for York Central (Rachael Maskell) asked about inequalities between different types of worker. The Government understand the challenges that the self-employed and other non-employees face following bereavement. These challenges are different from those faced by employed parents but clearly no less demanding. The parental leave and pay policy focuses on support for employed parents, as they have less autonomy and flexibility over the time they can take off work, but we continue to keep the differences in treatment between self-employed and employed people under review with respect to parental leave and pay. As she also mentioned, with the employment Bill coming up, we will soon be talking about wider issues relating to the different statuses of employment and working.

The hon. Lady asked about day one provisions for pay. The regulations seek to mirror the existing regime of parental statutory pay entitlements to ensure that the new entitlement is familiar to both employees and employers from day one. The provision is a statutory minimum, as we have heard; we would expect employers to go further whenever they can.

[Rachael Maskell]

Does the Minister agree that the bereavement measures relate to circumstances very different from those relating to other measures and that the regulations do not reflect the true nature of grief and the support people need, particularly if they have been employed for less than six months? Will he go back and review this please?

[Paul Scully]

We will keep all these matters under review and see how they are working. The hon. Member is right to say that bereavement is an incredibly difficult issue. We want to ensure a safety net, a bare minimum—employers should not see this as the benchmark; it is the bare minimum they should offer. Any reasonable employer should seek always to do what is best and to value their employees as human beings at every level in terms of pay and benefits.

The hon. Lady asked about extending these provisions in the upcoming employment Bill to cover the loss of a parent. As I say, the Government have been clear that this is a statutory minimum, but we hope it will trigger improvements in workplace support for all kinds of bereavement. I would encourage all employers to engage with the ACAS guidance that supports employers in these circumstances.

The hon. Lady asked about a systematic approach to ensuring parents are informed of their new rights, including by briefing NHS staff. I agree that it is important that any benefits are clearly signposted. The last thing parents will be thinking about at such a time will be their rights and responsibilities, so the easier it is to do the right thing the better. We have worked closely with stakeholders to make them aware of the new entitlement, including Sands, the charity, which already works closely with hospitals to provide support to parents following a stillbirth or neonatal death, and we will publish guidance on the new entitlement once the legislation is passed.

I pay tribute to the hon. Member for North Ayrshire and Arran (Patricia Gibson) for bringing her personal experience to bear and for seeking changes. I congratulate her on getting her amendment through to extend the provisions to include stillbirth. I hope she can take comfort from knowing that her experience has brought about real change to the lives of grieving parents and to our ability to address these matters further in years to come. She asked about extending the provisions to children over the age of 18. Clearly, bereavement is the same no matter the age—losing a child at any age is devastating—and the question of where to draw the line for the purposes of the parental bereavement leave and pay policy has been a difficult consideration. We have consulted with stakeholders representing bereaved parents and employers, and they recognised that the measure needed to be deliverable and affordable. It was accepted that 18 was the most natural threshold for the new entitlement. Moreover, grief affects all family members, not just parents, and so with ACAS and Cruse we will continue to explore the best way to encourage employers to act sympathetically to requests for leave in relation to any bereavement.

The Government are committed to supporting working parents, and to making this country the best place in the world in which to work and grow a business. These statutory instruments will ensure that bereaved parents have a minimum statutory provision on which to rely if they ever have to go through the unimaginable tragedy of losing a child or baby, and I hope that the House will approve them.

Question put and agreed to.

Resolved,

That the draft Statutory Parental Bereavement Pay (General) Regulations 2020, which were laid before this House on 23 January, be approved.

Resolved,

That the draft Parental Bereavement Leave Regulations 2020, which were laid before this House on 23 January, be approved.—(Paul Scully.)