Unpaid Trial Work Periods (Prohibition) Bill

Debate between Stewart Malcolm McDonald and Mark Tami

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

[Stewart Malcolm McDonald]

I do not know whether the hon. Gentleman has read the Bill—I know him to be diligent and I am sure that he has—but I shall come to how we split that out and ensure that there are no crossed wires.

[Mark Tami (Alyn and Deeside) (Lab)]

Does the hon. Gentleman agree that unfortunately, in perhaps only a small number of companies, one trialist is replaced by another and then another, and so on? Those companies use trial shifts as a way of getting free work.

[Stewart Malcolm McDonald]

The hon. Gentleman anticipates where my speech is about to go, but to come back to the point made by the hon. Member for Horsham (Jeremy Quin), in the hospitality and retail sectors, where this practice is known to be widespread—it is by no means exclusive to those sectors, but it does happen in them rather a lot—there is a difference between a person applying for a job to be, for example, a barista in a coffee shop or a cocktail maker in a hotel bar, and their demonstrating that they can do the things that they have said they can do, which is fine, and a trial shift in which the applicant is asked to work alongside someone on a paid shift, doing the same job as them, but is not paid.

The Government think that the existing law is sufficient to deal with and prevent that kind of thing from happening but, as the hon. Member for Alyn and Deeside (Mark Tami) said, all too often a company advertises an unpaid trial shift, and in some cases it might be two or three hours, but in some of the more extreme cases, including the case that first brought this issue to my attention, it is 40 hours. Yesterday, the BBC interviewed someone who had done four weeks of unpaid trial work. Here is the deeply cynical element: in a lot of cases, there is not actually a job to give the person—it is about covering sickness, staff shortages, busy periods over Christmas or wedding seasons in hotels. That is where the law is insufficient to prevent gross exploitation.