Workers (Predictable Terms and Conditions) Bill

Scott Benton Excerpts

3rd reading
Friday 24th March 2023 Commons Chamber

[Scott Benton (Blackpool South) (Con)]

I beg to move, That the Bill be now read the Third time.

I am delighted that we are here today to take a further step forward towards introducing a new right for workers to request a more predictable working pattern. Throughout the passage of the Bill I have spoken of the importance of introducing this new right to tackle one-sided flexibility. Although zero-hours contracts are an important part of the UK’s flexible labour market, the 2017 Taylor review of modern working practices found that workers on zero-hours contracts, as well as agency and temporary workers, struggle when flexibility is one-sided in an employer’s favour.

Some employers misuse flexible working arrangements by scheduling or cancelling shifts with very little notice, leading to insecurity of hours and income for workers or, in the case of temporary agency workers, dismissal at short notice. Short-notice changes to working patterns can be hugely disruptive to workers’ lives, for example when they are juggling caring or childcare responsibilities. One-sided flexibility can also create an unfair imbalance of power between workers and their employers, leaving workers afraid to ask their employer for more predictable terms and conditions, out of fear of being dismissed or denied future shifts. One-sided flexibility is particularly pressing at a time when so many workers with unpredictable working patterns are feeling the pressure of household living bills rising so acutely.

The introduction of a new right to request a predictable working pattern will empower workers to start a conversation with their employer about their working patterns. It will not only benefit zero-hours contract workers, because agency and temporary workers will also be able to take advantage of the new right. A qualifying worker will be able to make requests if their existing working pattern lacks predictability in the hours or times they work, or if it is a fixed-term contract for less than 12 months.

The Bill will not only benefit workers. On Second Reading my hon. Friend the Member for South West Hertfordshire (Mr Mohindra) aptly described the right to request a more predictable working pattern as a “win-win” for workers and employers. The new right will boost worker satisfaction and productivity, and allow employers to retain skilled staff. It is vital that we maintain the flexibility that zero-hours contracts facilitate for businesses and workers, which is why workers will be able to choose to continue working on a zero-hours contract, or in another form of less predictable work, if that is what works best for them.

[Mr Louie French (Old Bexley and Sidcup) (Con)]

Does my hon. Friend agree that in certain cases, particularly for the likes of students, for example, it is more desirable to have greater flexibility regarding when they can work around their studies?

[Scott Benton]

My hon. Friend is entirely correct. Whether it be for students who perhaps have different working patterns and ability to work shifts compared with other workers, or the rest of the general workforce, zero-hours contracts are here to stay. They are an important part of the flexible working market, and rightly so, but they have to work not only for the employer but for the worker. This positive step forward allows those who are working flexible hours to request a more predictable working pattern. As I will explain, the business or employer in question does not necessarily have to accept the request, if for example it is too burdensome on the business. The Bill is a moderate and positive step forward that works for both employer and worker.

The right to request a more predictable working pattern will function in a similar way to the right to request flexible working. For example, an employer will be able to refuse a request for a more predictable working pattern on specific statutory grounds similar to those established for flexible working. I appreciate how important it is to balance new rights for workers with their impact on businesses; these grounds will act as a safeguard, ensuring that employers do not experience disproportionate burdens. My Bill will introduce that important new right and ensure that it can be properly enforced.

The clauses set out the eligibility criteria for the new right, and ensure that as many workers as possible who have an unpredictable working pattern can benefit from it. All workers who have worked for their employer for a set period before making their application will be eligible. That period will be specified in regulations, but is expected to be 26 weeks. Given that my Bill targets workers with unpredictable working patterns, they will not be required to have worked for their employer continuously during that period.

Specific provisions will be made for agency workers, given the unique way that their working relationship with their employer functions. For example, agency workers who make applications directly to hirers will be required to have worked for their hirer for at least 12 weeks continuously during the proposed 26-week period. That replicates a provision in the Agency Workers Regulations 2010 that states that after 12 weeks’ continuous service, an agency worker will gain entitlement to the same set of employment rights that they would have had if they had been recruited directly. That ensures that workers cannot use the right to request a more predictable working pattern to circumvent the Agency Workers Regulations 2010 and gain entitlement to additional employment rights before they have worked for 12 continuous weeks.

Employers’ responsibilities are also clearly set out. That supports employers when they receive a request and ensures that workers know what they should expect from their employer. Employers must deal with requests in a reasonable manner and notify the worker of their decision within a month. My Bill details the grounds on which workers may make a complaint to an employment tribunal. That protects workers if their employer does not consider their request in a reasonable manner, wrongly treats the application as withdrawn, dismisses or treats a worker poorly because of their request, or rejects an application on the basis of incorrect facts.

Workers will be permitted to make two requests for predictable working per year. That recognises that workers’ and businesses’ circumstances can change. This mirrors the number of flexible working requests that will be allowed under the Employment Relations (Flexible Working) Bill introduced by the hon. Member for Bolton South East (Yasmin Qureshi). Together, my Bill’s clauses will create an important new right to request a more predictable working pattern, and will carefully balance the needs of workers in unpredictable work and their employers.

I thank the Minister for confirming the Government’s continued support for the Bill, which of course delivers a Conservative election manifesto pledge. I am delighted to see such broad support for my Bill from across the House, and I thank all hon. Members who share my desire to ensure that the Bill proceeds to the other place, so that we can take a positive step forward for working people.

--- Later in debate ---

[Scott Benton]

With the leave of the House, I would like to thank all hon. Members for their contributions. My hon. Friend the Member for Newbury (Laura Farris), with all her knowledge and experience in this particular area, gave a characteristically compelling speech in favour of the Bill. She was entirely correct to shine a light on some of the murkier practices that I am afraid are out there on zero-hours contracts.

My hon. Friend the Member for Crewe and Nantwich (Dr Mullan) is a superb advocate for blue-collar Conservatism and articulated that, as Conservatives, we can advance workers’ rights—and rightly so—while also recognising that both the employer and the worker are often quite happy with the existing arrangements around zero-hours contracts. I was interested to hear him ask how many Labour-run councils across the country actually utilise zero-hours contracts.

I am afraid that in 2020, at the height of covid, Labour-run Blackpool Council in my own constituency dismissed dozens of zero-hours contract workers who worked in leisure centres. The circumstances around their dismissal left a particularly nasty taste in the mouth at the height of a pandemic when those families were particularly struggling. I am also interested to hear that protecting such workers remains a Labour manifesto commitment, but I suggest that the hon. Member for Bradford East (Imran Hussain) communicates to Labour council leaders around the country that they need to up their game and practice what they preach on this issue.

I would, however, like to thank the hon. Gentleman for his support throughout the passage of the Bill. He alluded to the fact that my constituency is particularly deprived, given its reliance on the tourism and leisure sectors. My constituency will probably benefit from the Bill more than most, given the higher number of zero-hours contracts in the tourism industry in Blackpool. I know his constituency well, having grown up very close to it, and I know that his constituents will also disproportionately benefit from the Bill due to the specific labour conditions in and around Bradford.

As ever, I would like to place on record my considerable thanks not only to the brilliant Minister, but his fantastic private office team who have been an absolute joy to work with throughout the passage of the Bill. The Minister rightly articulated that it is this Conservative Government who have taken so many steps over the last 13 years to improve workers’ rights, not least delivering on this private Member’s Bill, which, as the Minister articulated, was a manifesto commitment of this party. I am always proud to defend this Government’s record in my constituency, not least on the way we have supported working people and helped to take so many of them out of poverty since 2010. No doubt the Bill will be a further step on that journey.

I am pleased to have had the opportunity to promote the Bill on Third Reading. I commend it to the House.

Question put and agreed to.

Bill accordingly read the Third time and passed.