Exiting the EU and Workers’ Rights

Tom Brake Excerpts

Monday 7th November 2016 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Secretary of State take this opportunity to reassure workers that the TUPE regulations, which are so important in protecting workers who are transferred from one company to another, will in no way be affected by any change his Government may want to introduce?

[Greg Clark]

I have been very clear that all of the existing law under the EU will be brought into British law. There is no intention of changing that. In fact, so far from wanting to dilute current law, in many ways, as my hon. Friend the Member for Torbay (Kevin Foster) has said, we go further than the EU in a number of important respects. For example, in the UK all workers are protected by a strong set of core rights that do not depend on the type of contract—full time or part time— an employee may be on. That is not consistently the case in other European countries. In the UK, women who have had a child can enjoy 52 weeks of statutory maternity leave and 39 weeks of pay, not just the 14 weeks under EU law.

--- Later in debate ---

[John Redwood]

I am grateful, Madam Deputy Speaker. I am speaking more about exiting the EU than the specific issue of workers’ rights but, as Members should understand, workers’ rights are entirely subsumed by the process of exiting the EU. We have to talk about the principles and the way in which we will exit the EU to make any sense of the workers’ rights part of the debate.

[Tom Brake]

Will the right hon. Gentleman give way on workers’ rights?

[John Redwood]

I will give way on workers’ rights to the Liberal Democrat.

[Tom Brake]

One of the many claims made by the Brexiteers during the EU referendum campaign, and one to which the right hon. Gentleman has not referred, was the famous figure of £350 million a week for the NHS. One of the other claims was that they would support the rights of EU workers. I wonder whether he might touch on that because it directly affects the 1.5 million to 2 million UK citizens who are in other EU countries.

[John Redwood]

The Vote Leave campaign was clear that we want the Government to guarantee the rights of all legally settled workers in this country. The Government have said that everyone who is here legally is quite entitled and welcome to stay on the assumption that no one from our country who is living overseas is threatened. I do not believe that any of our European partner countries will threaten any of our people who are legally settled in those countries, so I think it is more or less absolutely guaranteed that everybody is welcome to stay and that the British Government have absolutely no plan to suggest that they should not be.

--- Later in debate ---

[Neil Gray]

I thank my hon. Friend for his intervention, and the point he raises will fill workers up and down this land with dread, because it will be this Conservative Government who are going to be responsible for the workers’ rights that we all enjoy. The Library paper identifies the greatest risk as the uncertainty surrounding the protections in secondary legislation, which is where much employment law is contained. That is where Unison and others also see the greatest risk, with the right hon. Member for Welwyn Hatfield having been reported as seeking a five-year sunset clause to the great repeal Bill. That would mean that all protections currently the subject of EU regulation would automatically expire, wreaking intended and unintended damage to hard-fought workers’ rights and, in turn, to the economy.

[Tom Brake]

Does the hon. Gentleman agree that workers’ rights are most vulnerable in areas relating to agency workers and working time limits, particularly now that the Cabinet contains senior Members who have previously advocated a bonfire of the regulations on workers’ rights?

[Neil Gray]

Absolutely, and I will come on to those points later in my speech.

The Health and Safety at Work etc. Act 1974 predates EU rules, but EU standards have led to the introduction of broad duties on employers to evaluate, avoid and reduce workplace risks. According to the TUC, the number of worker fatalities in the UK has declined significantly since EU directives were implemented. The Scottish National party continues to argue for better work conditions and fairer working environments. The protections for workers in insecure employment, including part-time workers, agency workers and those on fixed-term contracts, are enhanced by the EU.