Employment Rights Bill (Twentieth sitting)

Debate between Steve Darling and Nick Timothy

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Steve Darling]

I welcome the Minister’s reassurances and I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 12

Substitution Clauses

“(1) Any agreement, whether a contract or otherwise, between—

(a) an employer or a contractor of services, and

(b) an employee, worker or dependent contractor

must not include provision for the employee, worker or dependent contractor to appoint a substitute to supply services or undertake work on their behalf.

(2) For the purposes of subsection (1)(a), “contractor of services” means an organisation that—

(a) enters into an agreement, whether a contract or otherwise, with a supplier or dependent contractor to supply services,

(b) does not require the supplier or dependent contractor to supply services, and

(c) pays the supplier or dependent contractor according to tasks performed rather than hours of work.

(3) For the purposes of subsection (1)(b), "dependent contractor" means an individual who—

(a) is appointed to perform work or services for an employer or contractor of services,

(b) is paid according to tasks performed rather than hours of work,

(c) depends partially or primarily on the employer or contractor of services for employment and income,

(d) is not required to perform services for the employer or contractor of services, and

(e) is not specified as an employee or worker within a statement of employment particulars or a contract of employment.”—(Nick Timothy.)

This new clause would prohibit the use of “substitution clauses”, which allow companies to permit their suppliers – including some delivery couriers – to appoint a substitute to supply services on their behalf.

Brought up, and read the First time.

[Nick Timothy (West Suffolk) (Con)]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Nick Timothy]

I thank the Minister for his constructive reply. If he is willing to have further conversations with me about what solutions we might be able to bring to bear on this problem, I will be happy to withdraw the new clause now. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 13

Rates of statutory maternity pay, etc

“(1) In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for ‘£184.03’ substitute ‘£368.06’.

(2) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for ‘£184.03’ substitute ‘£368.06’; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for ‘£184.03’ substitute ‘£368.06’.

(3) In regulation 40(1)(a) of the Statutory Shared Parental Pay (General) Regulations 2014 (weekly rate of payment of statutory shared parental pay) for ‘£184.03’ substitute ‘£368.06’.

(4) In regulation 20(1)(a) of the Statutory Parental Bereavement Pay (General) Regulations 2020 (weekly rate of payment) for ‘£184.03’ substitute ‘£368.06’.”—(Steve Darling.)

This new clause sets out rates of Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay.

Brought up, and read the First time.

[Steve Darling]

I beg to move, That the clause be read a Second time.

I thank my hon. Friend the Member for Twickenham (Munira Wilson) for assisting in tabling the new clause, which is about ensuring that we put the family at the heart of our society by doubling the rates of maternity, paternity, adoption, shared paternity and parental bereavement pay, which are really important when people are on leave. Sadly, a lot of men choose not to take up these opportunities. We will discuss later our proposals on kinship care and fostering, and this is all part of that bigger picture. By supporting families with these four proposals in the three key areas that they cover, we are putting family at the heart of our world. One only has to reflect on social care and children’s social care, and the significant cost where there is family breakdown, to see that the more the state can do to support families, the better.

I would like to move on to kinship care, where there are real opportunities. I know that the all-party parliamentary group on kinship care has discussed these measures and sees this as a real opportunity for the Government to move positively to support kinship carers.