Unpaid Trial Work Periods (Prohibition) Bill

Debate between Ruth Cadbury and Stewart Malcolm McDonald

2nd reading: House of Commons
Friday 16th March 2018 Commons Chamber

[Stewart Malcolm McDonald]

The hon. Gentleman makes a very good point. He has been a fine supporter of the Bill—a sponsor, no less. He is right. Not everyone does this, and those who do give good employers a bad name. That is why I made the point in response to the hon. Member for Stirling (Stephen Kerr) about the damage this will do in people’s minds if it is their first experience of the world of work.

I want to square up what the Bill does and why it does it. It is essentially split into two main parts. The first part amends the National Minimum Wage Act 1998. It makes it clear that where someone takes part in a trial shift—it defines what a “trial shift” is—they are to be paid at least the national minimum wage, and that the Bill applies right across the United Kingdom.

I have put in some safeguards based on the feedback I have had from members of the public, as I have been discussing. First, when a member of the public is offered a trial shift, it is to be made clear to them in writing how long it will last so that people cannot be strung along. It will also be made clear how many jobs actually exist. That should put an end to the practice of offering “ghost” shifts where no job actually exists.

Secondly, the person and the employer are to have an agreement that proper feedback is going to be received. In one case, a person—I will not identify them but it was the daughter of a prominent Scottish Labour politician —went on a trial shift in a bar, worked three or four shifts, and at the end of it the employer said to her, “We’re not taking you on—you don’t have enough experience.” They already knew that from looking at her CV at the application stage.

We have to try to empower applicants a bit, because people are feeling helpless. This is not about ending trials or the ability of an employer to test someone; it is just about ending the ability to take someone for a ride and pay them nothing.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I thank the hon. Gentleman for bringing this important Bill forward. I was not really aware of this issue until, when my eldest son was a teenager, a couple of his friends worked several unpaid shifts in a restaurant. Does the hon. Gentleman agree that this is particularly rife in the hospitality industry, which many of us partake of and spend money in? If people were more aware of the issue and the need to plug the hole in existing employment legislation, they would support the Bill. Should not all Members support the Bill?

[Stewart Malcolm McDonald]

Yes, I do believe that. What the hon. Lady says is funny; I have put a name on it—I have called it an unpaid trial shift. Most folk would say, “What on earth is that?” but when I explain it, they realise that their own kids have done it, their neighbours’ kids have done it or their nieces and nephews have done it. Everybody knows somebody who has done it.

On hospitality, I will say this. I had a very constructive meeting with the British Hospitality Association, which supports measures such as this because it wants the industry to be seen as an attractive place to work and build a career in. Anything this Parliament can do to help hospitality or other sectors can only be a good thing.