Employment Rights Bill (Fourth sitting)

Steve Darling Excerpts

Committee stage
Thursday 28th November 2024 Public Bill Committees

[Chris Murray (Edinburgh East and Musselburgh) (Lab)]

Q Margaret, I have a question for you, specifically about the Gangmasters and Labour Abuse Authority. It strikes me that a lot of our discussion is about things like zero-hours contracts and wage enforcement, but the GLAA deals with a different set of labour market challenges: the excluded or isolated groups, such as shellfish workers, or the victims of modern slavery. It is a first responder to the NRM—the national referral mechanism—so it has a different set of responsibilities.

First, what is your assessment of how effective the GLAA has been, given how it was constructed, and how has it been able to perform its functions? Secondly, specifically on modern slavery—thinking about those the GLAA was set up to protect, such as the Morecambe Bay cockle workers—how do you see those functions working in a single enforcement body?

Margaret Beels: It is really important that, in setting up the new body, the three bodies sit down to think about what they do well, so that when we bring them together, we will bring the best of what is done. One of the recommendations in my most recent strategy is to encourage them to start the dialogue with each other at every level—so what an inspector from, for example, the Employment Agency Standards Inspectorate does when they go out, versus what is done when a compliance inspector goes out from the GLAA.

I gather a lot of evidence from stakeholders, and they will say, “This works really well here,” or, “That works really well there.” In informing the fair work agency, there should not be a presumption that something will always be done one way because that is done by this lot; instead, we should look at the journey of non-compliance. It is important to help businesses to be compliant; that is, by far, the best way to achieve compliance.

Who is good at doing the communication with businesses, then? The national minimum wage team do that as well—they have their geographical compliance approach and they try to go out to help business. How do we build that into the structure of what is done? When it comes to deliberate non-compliance and modern slavery, you need to have the teeth to deal with that. The modern slavery dimension will move across into the fair work agency, but then it will have the whole spectrum of looking at how things are done.

Resources will be important to the fair work agency. All the bodies will talk about the fact that they do not have the resources that they would like to do the full job that they are there to do. I go back to challenge them: “Can you show me the value for money in what you are doing? Are you being as efficient as you might be?” My strategy talks about the use of artificial intelligence—are they building those tools into how they do things, so that they can have the maximum efficiency possible? Then, as they come together, will they listen to each other to make sure that they pick the best?

[Steve Darling (Torbay) (LD)]

Q I experienced a conversation with sixth-formers in Torbay who were sexually harassed in the workplace. I would welcome your thoughts on how the Bill could be strengthened so that it is supportive of employers in their support for people who experience such a situation.

John Kirkpatrick: We start from the position that everyone has the right to a workplace in which they are free from the risk of discrimination or of harassment. In our view, that ought to be the way it works. We have lots of evidence, as I am sure you and other Members have from your constituents. For example, from our “Turning the tables” report, we know that a quarter of respondents had been harassed by third parties in the workplace. That is a particular issue for people in customer-facing roles.

It was interesting to hear Margaret talking about sectors that are vulnerable to exploitation. Some of those where we have found vulnerability—[Interruption.]

[The Chair]

Do not worry about the bell.

John Kirkpatrick: I will carry on, as long as I am audible, Sir Christopher.

We have found similar sectors where people are vulnerable. We have issued specific guidance, often in combination with relevant trade associations, in sectors like hospitality and the performing arts, which appear particularly prone to instances of sexual harassment. We continue to do a lot of work on this; we have active enforcement activity, for example, with McDonald’s. We have also made an announcement only today with the Welsh Rugby Union; as some of you will be aware, they have had their difficulties in this area, but they have agreed with us a section 23 agreement, as we call it, to rectify what is going on.

It is really important. We are broadly comfortable with the provisions in the Bill that strengthen the sanctions on sexual harassment. We know that we are responsible for enforcing some of those that already exist, and we are concerned that the scale of that enforcement will be challenging for us and that we—Margaret spoke earlier about resources—will need the capacity to be able to do what we can to help enforce the measures that Parliament puts in place.

Margaret Beels: I am well aware from the evidence that comes to me that one of things that vulnerable workers also experience is sexual harassment. They are so desperate to keep their jobs that they will accept that, because it is the price of getting the next shift. That is unacceptable.