Employment and Workers’ Rights Bill

Victoria Prentis Excerpts

2nd reading: House of Commons
Friday 27th April 2018 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

I welcome the opportunity to speak in the debate. Employment rights have always been close to my heart. For example, it was a genuine honour to sit on the Parental Bereavement (Leave and Pay) Public Bill Committee earlier this year. Ensuring that parents have the time to grieve the loss of a child without the pressure to return to work is vital and will make a real difference, and I remain indebted to my hon. Friends the Members for Colchester (Will Quince) and for Thirsk and Malton (Kevin Hollinrake) for their work in bringing that Bill forward.

As the hon. Member for Barnsley East (Stephanie Peacock) made clear, her Bill has two main elements. First, it would ensure equal treatment for agency workers by ending the equal pay exemption in the Agency Workers Regulations 2010, also known as the Swedish derogation. Secondly, the latter part of the Bill would tackle the exploitation of agency workers who are used by employers effectively as permanent staff to avoid the legal obligations afforded to normal employees.

According to the independent Taylor review, which was published last July and which I recommend to Members who have not already read it, robust data on the number of agency workers in the UK is sadly lacking. It is estimated that there are between 800,000 and 1.2 million such workers. The review made clear:

“Agency work has an important part to play in a vibrant, flexible labour market and many choose to work in this way. However, there is increasing evidence that some companies are relying on temporary workers to fill longer term positions, with the same agency worker doing the same job for years. This works for some people. They have the freedom to leave whenever they want with no notice whatsoever but for many, this level of uncertainty, not knowing whether work will be terminated and having no security of income, does not work. What is more, individuals in this situation can find it hard to seek work elsewhere, especially if they fear taking time off from the current contract may count against them in future allocations of work.”

[Chris Stephens (Glasgow South West) (SNP)]

Does the hon. Lady believe it is correct that more than 120,000 agency workers have been on an agency contract for over five years?

--- Later in debate ---

[Victoria Prentis]

I was beginning to expound my argument that we do not have sufficient information about exactly what agency workers do and what sort of contracts they are on in order for us to make decisions.

[Jo Stevens (Cardiff Central) (Lab)]

One of the great disappointments of the Taylor review—there were many—was that it could have referred to the use of the ministerial power in section 23 of the Employment Relations Act 1999, meaning that we would not need the excellent Bill promoted by my hon. Friend the Member for Barnsley East (Stephanie Peacock). Why will the Government not support the implementation of that section?

[Victoria Prentis]

Of course I do not speak for the Government, but they are keen to gather further information before they take the necessary steps to implement the “Good Work” plan, about which they feel so strongly.

[Louise Haigh (Sheffield, Heeley) (Lab)]

The hon. Lady is absolutely right that we do not have comprehensive research or assessments from across the country, but all Members will have been made aware of shocking examples. In my constituency, a man was forced to return to work as a lorry driver in the afternoon following an eye operation, which was dangerous not only for him, but for everyone else on the road. Are such examples not good enough for the Government and the rest of us to unite and take action now?

[Victoria Prentis]

The hon. Lady raises an extremely serious case. It is of course important that the Government collate and evaluate the information. It is vital that people work safely, both for their own health and for the health of the rest of us.

I will now quote further from the Taylor review, because it is important to note that it

“does not want to stop companies using agency staff but we propose to address situations in which companies use agency workers over a longer period of time as a substitute for effective workforce management. As such, we believe as well as a right to equal pay (discussed later in this report), agency workers should have the right to request a direct employment contract with the hirer when they have been engaged with the same hirer for 12 months.”

That does seem a reasonable expectation after 12 months, which takes us back to the point made by the hon. Member for Glasgow South West (Chris Stephens).

In the months since the Taylor review, the Government published their “Good Work” plan, which actually goes beyond many of the review’s recommendations. In seeking to set the direction for employment over decades to come, it is important that we get this absolutely right. It was for that reason that the Government launched the consultation on agency workers at the beginning of February 2018. The consultation will continue until 9 May, so all hon. Members have an opportunity to make their views known, as does everyone else. It is hoped that, in gauging the views of the industry, businesses and workers themselves—