Employment Rights Bill

It is always a pleasure to follow the King. [Laughter.]

I rise on behalf of my constituents in Farnham, Bordon, Haslemere and Liphook who are opposed to this fundamentally anti-business Bill. Nothing has highlighted more clearly than this debate the old adage that where we think the Labour party is wrong, it thinks that we are evil. Nothing that has come from Labour Members has given any consideration to the absolutely correct concerns that the shadow Minister, my hon. Friend the Member for Mid Buckinghamshire (Greg Smith), raised in his opening remarks.

The Bill, which has been bodged both in Committee and today, has been put together simply to assuage the union paymasters that fund so many Labour Members. The Bill highlights Labour’s complete misunderstanding of how to help business, employees and, of course, the economy overall. We have a Government who talk about growth but legislate to destroy it.

The Government claim to be pro-growth and pro-business, yet the Bill is precisely the opposite. The Institute of Directors has warned that it will lead to slower growth, deter investment and bury business under an avalanche of unnecessary regulation. Even the Government’s own impact assessment, which Opposition Members have mentioned on a number of occasions, concedes that business will face a staggering £5 billion in additional costs: an economic straitjacket that will choke innovation and job creation. Labour Members seem to have failed to realise that being pro-business, as the Conservatives are, is being pro-worker, because if businesses do not exist there will be no one to employ workers.

In my constituency alone we have over 5,000 businesses, the vast majority of which are small and medium-sized enterprises. Many of them operate in the education, retail and hospitality sectors, which rely on flexibility to survive, yet the Bill’s attack on zero- hours contracts threatens to wipe out opportunities for students, part-time workers and those juggling multiple jobs to make ends meet.

Among the 5,000 small businesses in my hon. Friend’s constituency, has my hon. Friend come across one that is in favour of the Bill or lobbied him to vote for it?

My hon. Friend makes a good point. I am happy for the Minister to come to Farnham and Bordon—or Haslemere, Liphook or any other of my villages—to meet all the people who tell me what a damaging effect the Bill will have on their small business. As my hon. Friend pointed out, the simple fact is that the Government have not consulted small business properly. If they had, the Bill would be scrapped.

I think of the University for the Creative Arts students who rely on flexible work and the NHS paramedic in Farnham picking up extra shifts at the Nelson Arms, as I mentioned earlier. Those are real people whose livelihoods are at risk because of the Bill. That is why I support new clause 83 and amendment 283 on zero-hours contracts and employment tribunals.

UKHospitality has been clear that for 90% of workers on zero-hours contracts, that is their preference. The sector relies on these contracts to manage fluctuating demand, and removing that flexibility could devastate those businesses and lead to job losses. There is no job security for those who do not have a job. The House of Commons Library briefing actually supports that, confirming that zero-hours contracts provide essential flexibility for both employers and, most importantly, employees. That is why I support new clause 83 and amendment 283, which would demand a review of the impact on employment tribunals of the provisions concerning zero-hours workers before the Government recklessly legislate against them. The Chartered Institute of Personnel and Development has already made it clear that banning zero-hours contracts will hurt the very workers the Government pretend to protect. But yet again, Ministers plough ahead, blind to the economic damage that they are about to unleash.

I turn to amendment 286 and new clause 86 on unfair dismissal and business confidence. The Government’s proposal to grant employees the right to claim unfair dismissal from day one is another reckless intervention, and one that is raised with me by small businesses day in, day out. The amendment and new clause seek to introduce an impact assessment before clause 21 and schedule 2 come into force. Without that, we have to be clear that businesses will be discouraged from hiring in the first place. Flexibility in employment is not one-sided; it benefits both workers and their employers.

I am proud to declare my membership of Unite the union and the NASUWT, and I refer Members to my entry in the Register of Members’ Financial Interests. Before I was elected, I was a teacher for 20 years. Today, as we welcome this transformative legislation, I think of my former students. Their lives will be significantly improved by better wages, stronger workers’ rights and a fairer economy.

I welcome the Bill, which will drastically limit the exploitative use of fire and rehire. Just outside my constituency, but affecting many of my constituents directly, more than 500 Oscar Meyer workers are striking against the company’s appalling use of the practice. By creating a new right to claim automatic unfair dismissal if someone is reemployed on varied terms to carry out the same duties, the Bill takes a vital step towards dignifying employees with security and autonomy.

My hon. Friend is giving one of his trademark passionate speeches. Does he agree with me, as a former teacher myself, that removing fire and rehire will give the young people that he used to teach the confidence that when they go into the workplace, they will look at careers and not just jobs?

I wholeheartedly agree with everything my hon. Friend has said. I am also pleased to see Government new clause 34 encouraging greater employer compliance and increasing compensation for workers subjected to fire and rehire by raising the maximum period of the protective award from 90 to 180 days.

Amendment 329, tabled in my name, seeks to further protect against that harmful practice, ensuring that any clause in an employment contract that allows an employer to change the terms without the employee’s consent would be unenforceable, especially in cases of unfair dismissal related to a refusal to accept changes. That would further help redistribute the power imbalance between employers and employees, which currently allows low wages and poor working conditions to become commonplace. The Bill also takes crucial steps towards banning exploitative zero-hours contracts, ensuring that all workers have predictable hours and offering security for their day-to-day lives. I am pleased to see amendments extending such protections to agency workers.

We have all felt the effects of a system that has left so many behind: flatlined wages, insecure work and falling living standards. It is therefore not just my former pupils but millions across the country who will benefit from the biggest upgrade to rights at work in a generation. I am proud to support our Labour Government in this historic step towards better quality employment across the country, and I look forward to the full delivery of the plan to make work pay. Diolch yn fawr.

I rise to speak in support of new clause 10, which would make carer’s leave a paid right. We have an opportunity to give carers in employment a fair deal right across the country, while also bolstering our economy. The Government have an opportunity to build on the Carer’s Leave Act 2023, introduced by my hon. Friend the Member for North East Fife (Wendy Chamberlain), and take the next step in providing working carers with the flexibility they need to juggle work and care.

Carers UK estimates that the value to the economy of carers being able to work is £5.3 billion. When I have met major blue-chip employers such as Centrica and HSBC, and their employees who have benefited from those corporations’ carers policies, they are clear that having those policies in place to support caring is not only good for the employees, but makes them better employees for the employer. The employers really benefit from having members of staff who support them and are also able to do the best for their families.

Backing our Liberal Democrat amendment to make carer’s leave a paid entitlement would be the right thing to do on a human level and would also support the Government’s growth agenda. For a Government on a mission to spend less while also delivering growth and better living standards, this is a no-brainer. We must do everything we can to help those carers who can and want to work to do so. Currently, the Government have simply indicated that they will review the implementation of carer’s leave and consider whether there is a need to change the current approach. I say to the Government in the strongest possible terms that change is needed and the time is now.

The 2.8 million people who juggle a job and caring responsibilities are going above and beyond to care for those they love while also contributing to our economy. Many of them are on low incomes, they are often women, and they cannot afford to use their right to carer’s leave unless it becomes a paid right. We must acknowledge their work with a fair deal for them. I know that this is something the carers in my constituency deserve. They deserve better. We must be adaptable to the changing needs of our population while also seeing the benefits. This really can be a win-win.

My Liberal Democrat colleagues and I are also pushing for an amendment to make caring a protected characteristic. When people apply for jobs, equality monitoring forms do not ask them whether they have unpaid caring responsibilities. There is also no direct requirement for simple, reasonable adjustments for carers in the workplace. I feel that this would make all the difference, encouraging those who might otherwise leave employment to stay, making our economy more resilient and protecting their own families’ finances. We know that being a carer makes people much more likely to fall into poverty.

Carers UK’s research also tells us that almost half of all those who left employment early to fulfil a caring responsibility say that they would have stayed in employment longer, had carer’s leave on a paid basis existed. It seems clear that paid carer’s leave helps carers and those they care for, and it is good for our economy. I hope the Government can see that with the same clarity and do the right thing in supporting these vital Liberal Democrat amendments.

I need to highlight to the House that I am a member of the Community and USDAW trade unions, and I refer the House to my entry in the Register of Members’ Financial Interests. I would like to speak to various bits of this legislation today. There is so much in it, and I know that so many of us on the Government Back Benches are really pleased with what we are bringing forward.

The first part of the legislation that I want to address is clause 22, which will bring forward in future legislation more protections for women who are pregnant, on maternity leave and in the period immediately following their maternity leave. I have spent the past 13 years representing large numbers of women who were either made redundant while pregnant, on maternity leave or trying to come back from maternity leave, or whose employer suddenly woke up one morning and decided that they were underperforming, often within 24 hours of their announcing their pregnancy. I had a client who had been headhunted and brought into the company, was totally stellar, doing incredibly well and got promoted, but then announced her pregnancy and within a week she was on a performance plan. HR explained to her that because they were, you know, kind and did not want to do that to her while she was pregnant, they were very generously offering her a settlement agreement so that she did not have to go through that.

Lots of perfectly decent people do not understand why they are losing their jobs, and it is because they are pregnant. Pregnant Then Screwed found that 12.3% of women who have had a baby have either been sacked, constructively dismissed or made redundant while pregnant, on maternity leave or within a year of their maternity leave ending. It is a widespread problem, so it is fantastic that the Bill contains clause 22, which will allow the Minister to bring forward steps to expand the available protections. I would like to know how quickly we can do that, because pregnant women out there need that protection literally today.

My hon. Friend, who has great expertise in this area, is making an eloquent speech. Does she agree that dismissals of pregnant women or new mothers are dramatically under-reported because of the use of non-disclosure agreements in a lot of companies while they are taking action against them?

I could talk about NDAs at some length, but I do not have time to today. They are definitely problematic, and they are definitely concealing the extent of the problems that women suffer when they announce their pregnancies.

The second element I like in the legislation is the improvements to the right to request flexible working. Those on the Conservative Benches have questioned why we would do this. The answer is that the term “part-timer” is still a term of abuse in this country. While that is still something that people say fairly regularly within workplaces and popular parlance, we still have a problem, so this legislation should help to improve that.

Conservative Members have talked a lot about clause 17 and the third-party harassment elements, and it is worth getting into some of the detail. The defence for an employer for failing to protect their staff from third-party harassment is taking all reasonable steps to prevent that harassment from occurring. Employment tribunals have been interpreting the meaning of “reasonable” for a long time, and in a discrimination claim there is essentially a three-part judiciary: a judge with legal experience, someone with employer experience, and someone with employee experience—sometimes from a trade union, but sometimes from elsewhere. When they talk about “all reasonable steps”, it is only reasonable steps; it is not every single step in the entire history of the universe that anyone could ever dream up or imagine.

The hon. Member is speaking powerfully. Does she agree that this amendment is being used by the Conservative party to condone something offensive and despicable, and that they are trying to defend the indefensible?

I completely and utterly agree with the hon. Member. Actually, a lot of what is coming from Conservative Members is scaremongering. A lot of those discussing this behave as if employees with unfair dismissal rights were unexploded bombs. All the people I represented did not want to bring tribunal claims; they just wanted to have been treated fairly and reasonably in the first place. They were typically extremely destressed by their experiences, and for quite a lot of them, their mental health had deteriorated substantially in the course of what they had gone through. I do not think that when people have unfair dismissal rights a little bit sooner, they will all be rushing to employment tribunals the moment that something goes slightly wrong in their workplace. What most people want to do every morning is get up, go to work, do a decent job, get paid for it and go home. That is what we will continue to see after this legislation passes: that most employers want to look after their employees perfectly reasonably, and most employees want to do a perfectly decent job.

I have been rather unsuccessful this afternoon in finding someone on the Government Benches who has concerns about the £5 billion cost to businesses that this Bill will bring. Will the hon. Member express concern over the £5 billion cost and the downward pressure on growth that this Bill brings, according to the Government’s own assessment?