Unpaid Work Trials

Before we begin the debate, I advise hon. Members that we are expecting a Division in the House within the next 10 minutes, upon which this debate will be suspended for 15 minutes to enable hon. Members to vote. I call Stewart Malcolm McDonald.

I beg to move,

That this House has considered the use of unpaid work trials at the outset of employment.

Thank you very much, Mr Hollobone; it is always a pleasure to see you in the Chair. Hon. Members will know of my longstanding interest in this issue, having introduced a private Member’s Bill on it after the 2017 election: the Unpaid Trial Work Periods (Prohibition) Bill. Unfortunately, and I hate to start on a sour note, my Bill was talked out by the Minister’s predecessor, the hon. Member for Burton (Andrew Griffiths), when he was in post. I am an optimist, however, and I am optimistic that the new Minister will drive us in a different direction, see the gravity of the problem, and bring forward the necessary legislation to prevent that exploitation from continuing.

There are many people—not just in this House, but outside it as well—whom I should thank for their input during my preparations for that Bill and for this debate, and during my long campaigning on the issue, but I will single out one campaign for mention: Unite’s “Better Than Zero” campaign. It has been at the forefront of not only challenging the use of unpaid work trials, but putting forward a credible alternative to exploitative work practices, with a particular focus on the hospitality sector. I encourage all hon. Members to support that campaign, particularly its hospitality charter.

I will outline exactly what is going on and why it is a problem that needs fixing. Unpaid work trials—the period between applying for a job and being given the formal job offer—are at the heart of what I want the Government to fix. I want them to fix the fact that that part of employment law is entirely unregulated, although I am sure the Minister will dispute that when she gets to her feet. There is a deficiency in the National Minimum Wage Act 1998, for which, in fairness, I do not blame Labour. Nobody saw it as an issue then and has not for the last 20 years, but it is a deficiency that needs to be fixed.

I congratulate my hon. Friend on all the work that he has done to bring this important issue to the public’s attention. More than half of people know someone who has experienced an unpaid work trial or have done one themselves. Does he agree that that shows the scale of the problem and the abuse of workers that is taking place?

Indeed. Although there are no Government or trade union statistics on that, it is a problem that everyone knows exists, because we have either done it ourselves or know somebody who has.

Not only do people work—as in the case that I mentioned—for up to 40 hours without pay when trying out for a job, but we have the vicious situation of people being offered work trials for jobs that do not even exist. That can take the form of a job being advertised so a business can get itself through a busy period such as Christmas, or the wedding season in the spring time if the employer is a hotel. It can also be used to cover staff sicknesses. People are being taken advantage of when they are asked to come in and try out for jobs that there is absolutely no chance of them getting, because all the employer wants to do is cover shortages in their own rota.

I congratulate the hon. Member on securing the debate. He talks about some of the more extreme examples. He may be shocked to hear the experience of a constituent of mine. She had a seven-day unpaid work trial, but was also told that if she was subsequently employed and left within the first year of employment, she would have to repay the company for the cost of her training and her Disclosure and Barring Service check.

Rather unusually, I am blown away and have no words. I have never before heard of that kind of thing happening, but it does not surprise me at all. Imagine how dispirited and depressed that kind of situation leaves an applicant feeling, particularly if they have applied for job after job and have got nowhere, often with no feedback from those from whom they hoped to secure employment.

The hon. Gentleman has clearly outlined some worrying issues. I do not think anybody present would support somebody not being paid for a one-week work trial if that is how it is badged. There are also legitimate concerns that, as part of the interview process, people may be asked to perform certain work tasks to see whether they are suitable for the role. How would he differentiate between the unethical practices that he outlines and genuine job interview and job selection processes?

My Bill deals with the very scenarios that the hon. Gentleman mentions. I want to make it clear that I am not against trying people out for a job. The Bill is quite clear on that, too. I am against the use of unpaid trials to exploit people. Later in my speech, I will mention a business that has changed its practices as a result of this debate approaching, which might address the hon. Gentleman’s concerns.

Some employers know that the practice is wrong but are indulging in it. I know that they know it is wrong, because they changed their practices when my Bill was introduced last year. I will give two examples. The first, believe it or not, is the BBC. I had been told that the BBC was taking advantage of young freelancers; abusing their time, talent and energy; involving them in the production of programmes; and doing so through the guise of an unpaid trial period. I wrote to the BBC about the matter and, as a result, it has stopped that practice. Why? It knows that it is exploitative.

Aldi has changed the way that it interviews and recruits people. It has taken away what might have been thought of as the interview element, whereby someone carried out a work task. Instead, it now has a shorter interview period that involves shadowing someone around the store to see exactly how the business works and, crucially, so that the applicant can determine whether the job is for them. That is a better way to recruit people.

My Bill would also have given some of the cards to the applicant who, it strikes me, holds very few in the entire process. My Bill would have made it clear that employers offering a trial shift had to be doing so for a job that actually existed; that when the trial period started and finished had to be stipulated in black and white; and that applicants knew that, however they got on during the trial, the employer would give them proper feedback as to whether they had got the job. My Bill was all about empowering applicants and making it clear to them that the law is on their side, rather than it being deficient and too often working against them.

Sitting suspended for a Division in the House.

Hon. Members will be glad to know I am bringing my remarks to a close, to allow the debate to begin properly.

It is my understanding that the Government believe the current law is sufficient, presumably with the addition of their recently published guidelines. However, the evidence suggests that it is not: there has not been one fine, prosecution or even public shaming of a company or employer that has used unpaid trial shifts, particularly in the most pernicious and exploitative fashion, in the history of the National Minimum Wage Act.

I am sure many Members will wish to share the experiences of their constituents; I would like to share just one. A mother whose son had gone through an unpaid work trial said:

“My son was asked to do a trial shift in our local restaurant. The manager who was on shift did not even speak to him when he was in! He was left in the bar with no direction and when he tried to help the others he was told to get back behind the bar! He wasn’t paid a penny for his time. The same restaurant had already done the same thing to a friend of mine’s son except it was for a kitchen porter and he did 4 hours, no pay and again at end of his shift he just left, waited over a week with no job offered.”

I cannot expect the Government to legislate against obnoxious behaviour, which surely that example represents, but they can legislate to prevent unpaid trail shifts being used in such an obnoxious fashion.

Some may say that I am being partisan, but I think I make an accurate observation: this Government are utterly out of ideas. I am offering them a free idea at a time when we are asked to believe that the Prime Minister wants to improve and enhance workers’ rights in one fashion or another. Assuming there is no general election between now and the upcoming Queen’s Speech in June, I plead with the Minister to do everything she can to ensure legislation is brought forward in one form or another, either in this Session or in the Queen’s Speech later this year, to ensure that we end the use of unpaid work trials.

Order. I am obliged to call the Front-Bench spokespersons no later than 5.23 pm. The guidelines give five minutes to the SNP, five minutes for Her Majesty’s Opposition and 10 minutes for the Minister. Stewart Malcolm McDonald will be allowed a couple of minutes at the end to make concluding remarks. Five Back-Bench Members wish to contribute, so I will impose a four-minute limit on each speaker.

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Glasgow South (Stewart Malcolm McDonald) on securing the debate and on the way he introduced the subject.

As we have heard, unpaid work trials are becoming a widespread practice. I, too, have heard about many cases, predominantly from young people desperate to get a foot on the employment ladder, who have been given false hope of employment and been cheated—yes, cheated—out of a day or more’s pay. They are used to provide free labour, to cover staff shortages or to reduce costs, with the final insult of not being hired for the job they applied for in the first place.

Sadly, it does not surprise me that Unite the Union—I declare for the record that I am a member—has heard from many of its members in the hospitality sector, who believe that these trials are in fact a crude ruse that will allow companies to get away with not paying people a fair day’s pay for a fair day’s work. It is clear that some companies are offering shifts with no intention of giving somebody a job, and others, who may actually give a job to someone, want to see how many shifts they can squeeze out of them first for no pay at all, or at a lower rate. It is nothing short of scandalous and should concern us all that Unite says that the use of unpaid trial shifts has increased exponentially in recent years.

The sad reality is that we are having this debate today because both the law and culture in this country place little emphasis on workplace protection and do not support or respect it. We give far too little attention in this place to the reality of the world of work. Far too many people experience insecurity, uncertainty and exploitation, and until this place resolves to do something about that, the kind of injustices we have heard about today will continue.