Strikes (Minimum Service Levels) Bill

Vicky Foxcroft Excerpts

2nd reading
Monday 16th January 2023 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

Let me start by declaring an interest: I am a proud member of both Unite the union and GMB and, prior to being elected to this place, I worked for Unite the union for over a decade. I know from first-hand experience the amazing work that trade unions do in representing their members in the workplace. Contrary to what some Conservative Members may have us believe, trade unions want their workplaces to thrive. They know that a productive workplace needs a happy, motivated workforce. They know that, when companies make large profits, they can ask for decent pay rises for their members. When workplaces struggle, they will work with the employer to ensure it survives. We all know how public sector workers kept our country moving during the pandemic. They worked night and day to keep us safe, but how does this Government seek to repay them? First, with a derisory pay offer and then— because the unions have voted to strike, rather than roll over and accept the derisory pay offer—the Prime Minister has resorted to launching a fundamental attack on workers’ freedoms. This Bill is unworkable and impractical.

The fact is that minimum service levels do not stop strikes in Europe. Between 2010 and 2020, France lost almost six times as many days to strikes as the UK, and Spain lost more than twice as many. Ironically, we already have minimum service levels in place in the UK. These are negotiated between the unions and the employers. I remember when I joined a picket line with striking firemen and women, and they told me how they had agreed with their employer that, if there was any fire or any other emergency, they would jump into the fire engines and be straight there. None of them wanted to see anyone lose their lives because of their action, which was their last resort. They ensured there was a mutual voluntary agreement not through legislation, but through negotiation—something that we all know happens right the way through the public sector.

Most worryingly, the Bill does not give any indication of what will constitute a minimum level of service, meaning that the Secretary of State will be able to change that at their discretion. Having stretched public services and the workforce to breaking point, the Government’s solution is to create conditions in which workers can be forced into work and are unable to withhold their labour, no matter what the employee does. Is that really the kind of Britain of which we want to be part—one in which workers’ freedoms are being restricted to the extent that they could be sacked for standing up for their rights?

[Chris Loder]

What would the hon. Lady say to those members of the RMT who decided to come back to work before Christmas because they did not agree with what the union was doing?

[Vicky Foxcroft]

That is democracy. Trade unions are subject to the most vigorous legislation when they are balloting and trade union money is the cleanest money in politics. Public sector workers are proud of the role they play in society, saving and protecting lives, but they need to be valued and their voices matter. When our NHS workers say they are worried about public health and the NHS, we need to listen, not curtail the right for their voices to be heard. The Government could and should have negotiated with the trade unions to get a decent settlement. They need to listen closely to the concerns that workers across the country have been raising. I thoroughly believe that, when we work together, we achieve better outcomes. Trade union rights are human rights. I defend their right to strike and I will be voting against this Bill.

Strikes (Minimum Service Levels) Bill

Vicky Foxcroft Excerpts

Committee stage
Monday 30th January 2023 Commons Chamber

[Ian Lavery]

I hear my right hon. Friend say, “Steady!”, but I want the Minister to confirm that, because that simple question has been asked by many hon. Members tonight and he shook his head on every occasion. Simply, for the sake of individuals who are instructed by a work notice to cross the picket line, will they not be sacked? Never mind the situation whereby their protection under the unfair dismissal regulations will be withdrawn—what does that mean? If that is withdrawn, it means that they will be sacked. That is exactly what it means—we do not need to be employment lawyers to recognise that.

The Bill is also about attacking individual members in the workplace, particularly trade union representatives. If there is going to be a strike in a workplace, perhaps about health and safety, and the trade union representative is advocating strike action because that is what they are elected to do, but the boss—the gaffer—gives them a work notice and says, “You’re the person who’s got to cross the picket line,” how does that work? In the main, we have fair bosses and bad bosses, and bad bosses will pick out people they can get rid of as quickly as possible. A trade union rep advocating action on a health and safety issue could be dismissed, because the protection is gone for someone who refuses to cross the picket line and go into work. Even Conservative Members understand that that is not fair in any way, shape or form. How can it be? Individuals have the right, regardless of work notices, to withdraw their labour. It is a basic human right. Here we have legislation that not many people—even in this place—want; it is a knee-jerk reaction. It is what happens when the Conservative party is cornered and is 25 points behind in the polls. What can unify them? I will tell you what unifies the Tory party: attacking the trade unions. That gets them speaking. That is the true red meat of unifying Tory politics. But tonight there have not been many speakers from the Conservative Benches.

An accusation has been made that trade union members are not ordinary people, but they could not be more ordinary if they tried. They are the fire and rescue service people who run towards fires and towards those in desperate need of being rescued; as we have seen, sadly, a member of the Scottish Fire & Rescue Service has just lost their life. These are ordinary people. Nurses are ordinary people saving lives on a daily basis. Transport workers kept the country running before the pandemic, during the pandemic and after it.

The work notice is a bosses’ charter. I have spoken about the duty of care of an employer to an employee. What happens if someone, despite campaigning for action, is told by their employer that they must go to work? What will be the impact on that individual’s wellbeing? What impact will it have on mental health in the workplace when people are compelled to work? It is not short of a form of industrial slavery to compel people to go to work against their wishes.

It is not the same in Italy. It is not the same in Germany. It is not the same in France. It is different. Stop arguing the cheat, because it is completely different, and that has been highlighted by speaker after speaker, particularly with regard to the difference in collective bargaining and sectoral collective bargaining. There has not been an impact assessment or any consultation with the trade unions or those who will be involved. This is simply Government diktat. It is draconian, authoritarian legislation that is unfit for purpose. It is unfair, undemocratic, unworkable and unsafe. It is unfit for purpose. I am proud to be voting against it tonight.

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

I declare an interest as a proud member of Unite the union and GMB. It is great to follow my hon. Friend the Member for Wansbeck (Ian Lavery).

May I start by saying how outrageous it is that we have only five hours to debate this extremely important and dangerous legislation? As has been mentioned many times before, there have been well over 100 amendments tabled to the Bill, showing its numerous flaws. In the brief time I have, I will touch on a few.

First, on the retention of protections against unfair dismissal, as covered by amendment 1, too many people already have very little protection in that regard. When I was a trade union official, I frequently represented members whose unscrupulous employers sought to dismiss employees because they dared to challenge their working conditions. I recall in particular one member who had MS and had to work with bank notes, which triggered her condition. Rather than looking into redeploying her to a more suitable position, the employer sought to dismiss her. To add insult to injury, she was a trade union rep herself and had often stood up for other members. Sadly, the laws this Government are seeking to water down further did not protect her.