Oral Answers to Questions

Scott Benton Excerpts

Thursday 25th January 2024 Commons Chamber

[Kevin Hollinrake]

The hon. Gentleman raises an interesting point. I am very happy to write to him about it.

[Scott Benton (Blackpool South) (Ind)]

Royal Mail customers will have welcomed the Minister’s reassurance this week about ruling out a reduction to the current six day a week service. However, many customers already feel short changed by what is often an inadequate service in their area. Does the Minister agree that any proposed changes must protect the small businesses whose business models rely on the six-day service, and customers’ rights?

[Kevin Hollinrake]

The hon. Gentleman is right to raise this issue. The service has not been satisfactory, and Royal Mail has been fined £5.6 million by Ofcom as a result. It has employed 3,000 more postal workers to address those problems, and we are seeing some improvement, but he is right to raise the point about our six-day service being vital to businesses, particularly those in the magazine and greeting card industries.

Arms Export Licences: Israel

Scott Benton Excerpts

Tuesday 12th December 2023 Westminster Hall

[Brendan Clarke-Smith (Bassetlaw) (Con)]

It is, as always, a pleasure to serve under your chairmanship, Sir Christopher. I thank the hon. Member for Coventry South (Zarah Sultana) for bringing the debate to this Chamber.

Hamas’s barbaric 7 October attack on Israel featured unspeakable acts of brutality and sexual violence. The attacks left 1,200 dead and thousands injured and the bodies of many victims remain unidentifiable due to the severity of the violence. Hamas chose to break an existing ceasefire the day it launched the heinous genocidal attack. Acts of terrorism have not ceased since and more than 12,000 rockets have been launched indiscriminately at Israel since 7 October.

[Scott Benton (Blackpool South) (Ind)]

Israel is fighting a war that it did not want or start against an enemy that shows complete and utter disdain for its own civilian population by embedding its terrorist infrastructure in schools, hospitals and mosques. Does my hon. Friend agree that Israel has a legal right to defend itself and to remove the grave threat posed by a terrorist organisation whose stated aim is to wipe it completely from the world map?

[Brendan Clarke-Smith]

I thank my hon. Friend for his intervention. He is, of course, absolutely right: Israel does have the right to defend itself. I would argue that the biggest threat to the Palestinian people is not Israel, but Hamas. We must bear that in mind.

Oral Answers to Questions

Scott Benton Excerpts

Thursday 20th July 2023 Commons Chamber

[Lucy Frazer]

The shadow Minister is right to highlight AI, which presents potential opportunities as well as challenges, particularly in the domain of copyright and the creative industries. I am actively engaged with this issue and have held a number of meetings with the sector, including with the Creative Industries Council earlier this week, and with music, press and publishing stakeholders over recent weeks. This afternoon I will again meet with the Minister for AI and Intellectual Property, together with the Intellectual Property Office, to discuss this very issue.

[Scott Benton (Blackpool South) (Ind)]

T6. Many of my constituents think that the BBC licence fee is an outdated, regressive tax, and question why they should have to fund a broadcaster that they do not support and do not want to watch. If a formal review of the BBC’s funding model is indeed to take place in the autumn, surely abolishing the licence fee altogether has to be one of the options considered.

[The Minister for Media, Tourism and Creative Industries (Sir John Whittingdale)]

The Government have made it clear that the licence fee will remain in place for the remainder of this charter period, but my hon. Friend is right that there are challenges going forward. He may be aware that the number of people paying the licence fee has fallen by 1.9 million in the past five years, and it is therefore right that we look at possible alternative sources of funding for the BBC in the longer term. That will be the focus of the funding review.

--- Later in debate ---

[Andrew Selous]

I talked earlier this week with Dr Sammy Wainaina, the Archbishop’s new adviser on Anglican communion affairs, and he specifically mentioned Pakistan, so I am grateful that the hon. Gentleman has mentioned it. He is right that the situation there is extremely challenging—priests have been murdered—and the Archbishop visited quite recently. I express particular gratitude to the two hon. Members who have put these matters on the record this morning; they are right to do so and I hope they continue to do so.

[Scott Benton (Blackpool South) (Ind)]

9. To ask the hon. Member for South West Bedfordshire, representing the Church Commissioners, what recent steps the Church of England has taken to help support family relationships, parenting and marriage.

[Andrew Selous]

The Archbishop’s recent “Love Matters” commission on family issues made 36 recommendations for the Church of England and 29 for the Government. They included supporting family hubs, developing high-quality marriage preparation, and building relational capability at all life stages and not just for couples who are preparing for marriage. I will place a copy of that report and the previous ones in the Library.

[Scott Benton]

A strong and stable family unit undoubtedly provides the best environment in which to raise children. What steps is the Church of England taking to provide relationship support and guidance to those families who need it to help them to stay together?

[Andrew Selous]

That is a really important question. The Children’s Commissioner has pointed out that almost a quarter of UK families are headed by a lone parent; that compares with an average of an eighth of families in Europe. The Bishop of Durham, who co-chaired the commission, wants to see every deanery in the Church of England offering the very best marriage preparation to all couples, and for the Church to support their relationships at every life stage.

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.

Oral Answers to Questions

Scott Benton Excerpts

Thursday 23rd March 2023 Commons Chamber

[Kevin Hollinrake]

I wish I could say I was surprised that the hon. Lady is once again talking Britain down. The reality is that UK growth since 2010 has been the third fastest in the G7. The private sector is now bigger than it was pre-pandemic. Private sector growth has been on trend in terms of other countries, with businesses growing. The FSB says that three out of five businesses are more resilient than they were pre-pandemic. Of course, we would all like to reform business rates, and it has been looked at on a number of occasions, but simply saying that we will scrap something that would cost £22 billion a year without putting in place a replacement for that funding is irresponsible. What will she do to replace business rates—[Interruption.] She made the point. She wants to scrap business rates, but what will replace it with, given that it would cost £22 billion a year?

[Scott Benton (Blackpool South) (Con)]

11. What steps she is taking with Cabinet colleagues to help support energy-intensive industries.

[David Duguid (Banff and Buchan) (Con)]

13. What steps she is taking with Cabinet colleagues to help support energy-intensive industries.

[The Minister of State, Department for Business and Trade (Ms Nusrat Ghani)]

There has been support to the value of about £18 billion for businesses to help them with their energy bills, and we are determined to secure the future for our energy-intensive industries and to protect jobs. To support those most at risk of carbon leakage, the Government have announced the British industry supercharger, to support those most exposed to the cost of electricity. Those measures will bring the energy costs of the UK’s energy-intensive industries in line with those charged across the world’s major economies.

[Scott Benton]

Many of the tourism and leisure businesses in Blackpool are energy-intensive, not least the world-famous illuminations and pleasure beach, which now pay hundreds of thousands of pounds more for their energy than previously. Will the Minister meet me to discuss the specific challenges around energy consumption facing the tourism industry, ahead of a busy summer season?

[Ms Ghani]

Once again, my hon. Friend is a stout campaigner for his constituency, and for the tourism and leisure businesses in Blackpool. He will know that the decision about which businesses fall within the EII scheme is for the Treasury; I am not sure whether the £63 million for leisure centres falls within that catchment or not, so of course, I will meet with my hon. Friend to make sure he has the absolute clarity that he needs. The EII relief scheme is in place to support the most energy-intensive industries, but let me sit down with him and work out whether that industry falls within that category.

--- Later in debate ---

[Kemi Badenoch]

I thank the hon. Gentleman for his question. I am afraid I did not have any time whatever during that trip to do any shopping. It was all about the UK-Mexico free trade agreement, which will do exactly what he wants. The negotiations are ongoing and continue to reflect the shared ambition for an agreement that is both modern and comprehensive. We talked in particular about services and investment in digital. We are aligned in the green chapters and in areas such as small and medium-sized enterprises, innovation and trade, and on gender equality.

[Scott Benton (Blackpool South) (Con)]

What discussions have the Government had to secure further memorandums of understanding with individual US states? When visiting Nebraska last year, I spoke to the Governor of that state. There is huge enthusiasm, especially among Republican-led states, to strike further deals, so it would be brilliant if we could get some of them over the line.

[Nigel Huddleston]

I thank my hon. Friend, because while the US may not be interested in a free trade deal at the moment, we are working with individual states to develop memorandums of understanding. We have already concluded them with Indiana, North Carolina and South Carolina, and are in discussions with California, Texas, Utah and Oklahoma. We are open to further discussions, because there is huge opportunity of mutual interest.

Workers (Predictable Terms and Conditions) Bill

Scott Benton Excerpts

Committee stage
Wednesday 8th March 2023 Public Bill Committees

[The Chair]

With this it will be convenient to consider the following:

Clauses 2 to 4 stand part.

That the schedule be the schedule to the Bill.

[Scott Benton (Blackpool South) (Con)]

It is a pleasure to serve under your chairmanship, Sir Robert. I am delighted that we are here today to take another step towards introducing a new right for workers to request a more predictable working pattern.

The 2017 Taylor review of modern working practices found that workers on zero-hours contracts, agency workers and temporary workers struggle where flexibility is one-sided in their employer’s favour. Some employers misuse flexible working arrangements to create unpredictability and insecurity of income, and some workers are reluctant to assert their basic employment rights. To address the issue of one-sided flexibility, the Taylor review recommended that the Government create a new right to request a contract with guaranteed hours for zero-hours contract workers.

My Bill will introduce a new right for workers to request a more predictable working pattern. A qualifying worker will be able to make an application to change their existing work pattern if it lacks predictability in terms of the hours or times they work, or if it is a fixed-term contract for less than 12 months.

The right will apply to all eligible workers, including agency workers—not only those employed on a zero-hours contract. That will ensure that the right will benefit a range of workers with unpredictable working conditions, including temporary workers, agency workers and workers with non-guaranteed hours. Workers must first have worked for their employer for a set period before they make their application. This period will be set out in regulations, but it is expected to be 26 weeks. A worker needs only to have been employed with their employer at some point during the month before that period, and to be working again for their employer when the application is made. The same criteria will apply to agency workers and those working on behalf of temporary work agencies. 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 26-week period.

Once a worker has made their request, their employer will be required to notify them of their decision within a one-month timeframe. An employer will be able to turn down a request for a more predictable working pattern based on specific statutory grounds, similar to those established for the existing right to request flexible working. That will help to ensure that businesses are not unfairly burdened by the new right—for example, if the cost of providing the worker with a more predictable working pattern would be too burdensome on the business. Workers will have the option to complain to an employment tribunal if their employer does not handle the request in a reasonable manner, wrongly treats the request as withdrawn, dismisses or treats a worker poorly because of their request, or rejects the application on the basis of incorrect facts.

I am delighted that the Bill has support from the Government and from Opposition parties. We are keen to ensure that it can progress through the House quickly so that this important new right for workers can be introduced. I will now discuss the detail of the four clauses and one schedule, which will make new provisions in part 8A of the Employment Rights Act 1996.

Clause 1 inserts a new chapter into part 8A of the Employment Rights Act. These sections introduce the right to request a more predictable working pattern for non-agency workers. Section 80IA provides that a worker may apply for

“a change in terms and conditions”,

while section 80IB provides that a worker can apply only if they were

“employed by the same employer”

at some point during the month immediately before the prescribed period, ending with the making of the request. The length of that period will be set out in the regulations.

Section 80IC sets out what the duties of an employer are when receiving requests. It must deal with the request in a reasonable manner and notify the worker of its decision within one month. Section 80ID allows a worker to make a claim to an employment tribunal where the employer has not complied with its obligations, and section 80IE sets out the remedies that an employment tribunal can award if the claim is successful.

Clause 2 introduces the right to request a more predictable working pattern for agency workers. It inserts chapter 3 into part 8A of the Employment Rights Act 1996. A number of the provisions mirror those in clause 1, so I will highlight only those sections that differ materially from clause 1.

Section 80IF provides that an agency worker may make a request to either a temporary work agency

“with which the agency worker has a contract to perform work or services personally”

or a hirer under whose supervision and direction they are working. Section 80IG requires that workers making an application to a temporary work agency must have had a contract with the agency at some point in the month immediately before a period prescribed in the regulations. Workers making an application to their hirer must have worked in the same role with the same hirer continuously for 12 weeks in the period specified in the regulations.

[Grahame Morris (Easington) (Lab)]

I congratulate the hon. Gentleman on introducing the Bill, which is a welcome step in the right direction. I am aware of the figures for the number of workers who are on zero-hours contracts, but does the hon. Member have a figure for the number of workers who would be covered by the Bill?

[Scott Benton]

I do not have the figures at hand, but I will gladly work with the Minister’s private office to see whether we can obtain them.

Using experience from my own constituency, Blackpool South, a large number of people work on zero-hours contracts in the leisure and hospitality industry. Anecdotally, from speaking to those businesses, I believe that several hundred constituents of mine would have the legal right to request a more predictable working pattern. If we extrapolate from that across the country, we are no doubt speaking about potentially millions of workers who could benefit from this. I thank the hon. Member and his party for their support on Second Reading.

Section 80II sets out the circumstances in which requests must be considered after an application has been made, but before a decision has been reached, the contract that the agency worker has with the temporary work agency comes to an end, or the agency worker ceases to work under the direction of the hirer.

Clause 3 inserts chapter 4 into part 8A of the Employment Rights Act 1996. It makes provision to ensure that workers cannot make more than two requests in any 12-month period. That ensures that the policy is in line with those on flexible working, which also permits up to two requests per year. It also makes provision to ensure that workers cannot make a request for either flexible working or a more predictable working pattern if they have another request in progress.

Clause 4 is a straightforward measure that addresses the extent of the Bill, makes provision for commencement and provides the short title of the Bill. The schedule contains a list of amendments to other employment legislation that will be required to ensure that this measure is effective and does not adversely affect existing legislation. That includes provisions to ensure that there is legal protection for any worker who is penalised by their employer because they have tried to exercise their new right to make those requests, and for an employee who is dismissed as a result of doing so. There is also provision to deal with the potential passage through Parliament of the Employment Relations (Flexible Working) Bill at the same time as this Bill.

[Grahame Morris]

It is a pleasure to serve under your chairmanship, Sir Robert. I congratulate the hon. Member for Blackpool South on introducing the Bill and explaining the provisions in such an eloquent and articulate fashion. It is apt that we are considering the Bill on International Women’s Day, as it is women who are disproportionately affected and victimised by poor employment practices, and subjected to insecure employment. I welcome the Bill for that reason and a number of others.

My earlier question to the hon. Member was based on some family experiences. My eldest son was working in retail in the north-west. He was in the category where he did not have a zero-hours contract, but he did not have a secure, specified number of hours. Before Christmas, he was expected to work 60 hours a week. Once the peak of demand had subsided, the guaranteed hours fell substantially. However, he could not go to his landlord and say, “Well, I have had only 20 hours this week, so is it okay if I give you only half my rent?”

The issue affects many hundreds of thousands of workers, and this is an important step forward. I welcome the Bill, because it gives workers on atypical contracts, especially zero-hours contracts, more predictable and stable working hours. It gives people a greater say over when, where and how they work. It is right that the Government address one-sided flexibility, which inevitably benefits employers, and often forces employees to put their lives on hold when they are called up at short notice for shifts. Not having a secure employment also has implications for any kind of hire purchase debt, such as mobile phone contracts.

It will probably come as no surprise to Conservative Members that I support the abolition of zero-hours contracts altogether. I would welcome a comprehensive employment rights Bill that would provide statutory protection against all forms of poor employment practices. Nevertheless, notwithstanding my reservations, I welcome the intention of the Bill and I am pleased to support the hon. Member for Blackpool South today.

--- Later in debate ---

I look forward to continuing to work closely with my hon. Friend the Member for Blackpool South to support the passage of his Bill. I conclude by extending particular thanks to you, Sir Robert, for your excellent chairing.

[Scott Benton]

I begin by thanking you, Sir Robert, for your chairmanship. I thank every Member who has given their time to serve on this Committee. In particular, I thank the hon. Member for Easington for his comments. He mentioned the irregularity experienced by some on zero-hours contracts and its detrimental effect on their financial stability. That should be at the forefront of everyone’s minds, given the considerable challenges that many of our constituents face with the cost of living at the moment. That is one very good reason why this Bill is progressing through the House.

I also thank the hon. Member for Rutherglen and Hamilton West, who is a fantastic advocate for her constituents. I think she probably speaks more often in this House than any other Member, apart from the hon. Member for Strangford (Jim Shannon). I am pleased to see her here. She made a particularly good point about workers on zero-hours contracts experiencing inflexibility with childcare, with the added pressure and stress of trying to juggle their daily routine, family, finances, work-life balance and so on. If this Bill does nothing else, I hope it will help those struggling with childcare.

I also thank the Minister for his brilliant support and extend that thanks to those in his private office, who have been extremely helpful over the last few weeks. In closing, I reiterate the importance of this Bill and I hope that it can progress through the House quickly.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 4 ordered to stand part of the Bill.

Schedule agreed to.

Bill to be reported, without amendment.