Protection from Redundancy (Pregnancy and Family Leave) Bill

Baroness Winterton of Doncaster Excerpts

3rd reading
Friday 3rd February 2023 Commons Chamber

[James Wild (North West Norfolk) (Con)]

Like other hon. Members who have spoken, I welcome this important Bill. I congratulate the hon. Member for Barnsley Central (Dan Jarvis) on introducing it to the House and on his efforts to successfully secure cross-party and Government support so that it can make it to the point that it has today. Hopefully, later today it will pass through to the other place.

This Bill will address a gap in current protections by giving the Secretary of State power, by regulation, to extend protection against redundancy to cover a longer period during or after a period of pregnancy. The Secretary of State would have the power to make regulations to extend equivalent protections for those on adoption leave or shared parental leave after that period of leave has concluded.

This Bill has been a long time in the making, and comes too late for the hon. Member’s constituent Natasha, as he said. It was back in 2015 that the EHRC, working with the then Department for Business, Innovation and Skills, commissioned research into this issue, precisely to establish the prevalence and nature of pregnancy discrimination and disadvantage in the workplace. Other hon. Members have referred to the data, but it bears repetition. There was a shocking estimate that around 54,000 mothers may be forced out of their jobs each year. Some 77% of mothers said that they had had a negative or possibly discriminatory experience during pregnancy, maternity leave or on their return from maternity leave.

The second piece of research I want to mention was that carried out by Pregnant Then Screwed. My hon. Friend the Member for Orpington (Gareth Bacon) referred to the findings that more than 11% of women on maternity leave had been made redundant or expected to be made redundant, of whom 60% believed that their maternity leave was a factor in the decision. Those are the statistics, but behind them is the terrible impact on individuals and their families.

We in this House are here to protect people from such discrimination. That is what this legislation will do. As well as the surveys and work outside Parliament, it is right to recognise the action that the Government and other Members have taken to address the issue, including my right hon. Friend the Member for Basingstoke (Dame Maria Miller), who proposed a number of Bills on this issue. In 2019, the Department for Business, Energy and Industrial Strategy launched a consultation to extend the current protection to cover pregnancy and the period after—an extension of six months. In response, the Government pledged to extend the redundancy protections and to extend equivalent protections for those taking adoption leave or shared parental leave. That measure was included in an outline of an employment Bill in the Queen’s Speech in 2019, shortly after the election. Understandably, the Government had to focus on leading the country through the pandemic, but happily, that employment Bill, rather like the break-up of AT&T and the creation of the Baby Bells, has now allowed a number of smaller Bills to flourish. Hopefully other Bills that we are discussing today will take forward what was in the employment Bill.

I warmly welcome the Government’s support for this Bill, which demonstrates a commitment to protecting people’s employment rights while maintaining important labour market flexibility, which has seen unemployment at its lowest in 50 years. It is important that employers and employees are aware of these new protections. I would be interested to hear more from the Minister about the Government’s plans to work with business organisations such as the Federation of Small Businesses, the British Chambers of Commerce, the CBI and the Institute of Directors, as well as the TUC and other organisations, to promote the changes, so that companies know what they have to do, and individuals know what their rights are.

This is a framework Bill, and it is important to get the detail of the regulations right, which is why the affirmative procedure is appropriate in this case. Could the Minister update the House on when he expects to bring forward those regulations and how much consultation there has been with the groups I have mentioned and others, to make sure we get this right?

We always have to be mindful of the need to minimise as far as possible the cost to business of the legislation we pass. Paragraph 24 of the explanatory notes states:

“The one-off cost to business of familiarising themselves with the new legislation, for example to amend their HR policies, is estimated at £30.4m.”

I expect—and knowing the Minister, I am pretty sure this will happen—the Government to issue simple, clear guidance for companies to follow, to make this legislation as simple as possible to implement. There is a broader point about the need to revitalise our deregulatory agenda in other policy areas, to reduce the cost to business and back enterprise, as the Chancellor set out in his recent speech. There are lots of opportunities to do that, without the limitations of our being a member of EU.

In conclusion, there is a great consensus across the Chamber today, and I look forward to the Bill completing its remaining stages and delivering the greater protection for new mums during and after maternity leave that they deserve.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister.