Justin Madders MP: speeches

Speeches

• 1 Jul 2025 · Parental Leave Review · Hansard source

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  I am of course happy to meet the APPG as part of the review. The hon. Member said that there was no explicit reference to fathers in the four objectives, but I suggest that our general references to parents do include fathers. For example, the second objective is to support economic growth by enabling more parents to stay in work, and the fourth objective is to support parents to make balanced childcare choices that work for their family situation, including by enabling co-parenting. I believe that clearly addresses his point.

• 1 Jul 2025 · Parental Leave Review · Hansard source

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  The hon. Member raises an important point. The Government have clearly done great work already in expanding the availability of affordable childcare, but there is always more to do. This specifically will not be part of the review, but I can confirm that we will be working with other Departments to see how their input can help to achieve the outcomes we want from the review.

• 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source

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  It is right that hon. Members have raised this matter, which is one of the primary drivers behind the Bill. We recognise that the safety of products containing lithium-ion batteries is an increasingly pressing issue, and I welcome the opportunity to speak about what the Government are doing. We are fully aware of the risks that are posed, particularly by products such as e-bikes and e-scooters, and we have already taken meaningful steps to protect consumers and uphold product safety standards. The Office for Product Safety and Standards has worked closely with colleagues across Government, industry partners and technical experts to identify the root causes of the safety issues that we are seeing. That includes addressing faulty design, poor manufacturing standards and issues with battery compatibility and charging systems. Alongside regulatory oversight, we have engaged directly with UK businesses to help them to comply with existing safety regulations. We want to ensure that good businesses who act responsibly are not undercut by unscrupulous traders who place unsafe products on the UK market. We have also built strong relationships with fire and rescue services, which are often the first to see the consequences of battery failures in the home or in public spaces. Their expertise and intelligence-gathering skills have been instrumental in helping us to identify high-risk products and take appropriate enforcement action. Since 2022, these efforts have resulted in 20 product recalls and 22 enforcement actions targeting unsafe or non-compliant e-bikes and e-scooters. In one notable case, the OPSS issued 26 withdrawal notices relating to two dangerous e-bike battery models manufactured overseas by Unit Pack Power. Those batteries had been linked to incidents investigated by fire and rescue services, and action was taken to halt their sale across eight online marketplaces, as well as against two manufacturers and 16 individual sellers. However, we recognise that enforcement alone is not enough. Regulatory reform is needed to ensure that harmful products are stopped at the border or prevented from entering the market in the first place. At the same time, we must avoid placing disproportionate burdens on responsible businesses. Regulation must be effective, proportionate and targeted. This will protect the public without stifling innovation or fair competition. The Bill has been drafted to provide those powers across a wide range of product categories, including lithium-ion battery products. While I fully recognise the concerns raised about batteries, the Bill does not and should not single out individual product types. To do so would risk narrowing its scope and limiting our ability to act effectively across the product landscape, including when new products are introduced. I think we all understand how technologies are evolving and that we need broad powers to keep up to date. A requirement to report in three months would cause some challenges for timelines. There is normally a 12-week period for Government consultations, and that would obviously not fit into the three months suggested by the new clause. At this stage, we are actively exploring what regulatory changes might make the greatest difference on lithium-ion batteries. To support that, the Department commissioned research from the Warwick Manufacturing Group to deepen our understanding of the risks posed by these batteries, including issues of compatibility, design and failure patterns. This research has now been published—I am happy to provide a copy to the hon. Member for Wokingham if he wishes to see it—and will help us to identify where interventions are most needed through regulatory standards, clearer compliance pathways or improved consumer guidance. I reassure the hon. Gentleman that we are committed to tackling the safety challenges associated with lithium-ion batteries. We will continue to work closely with all stakeholders—from industry to fire services, and from standards bodies to consumer groups—to develop solutions that are effective, evidence-based and proportionate. We understand the urgency of the issue. I have met victims of lithium-ion battery fires, and they understand that we are doing everything we can to get the measures on the statute book so that we can develop regulations to prevent such tragedies from happening again. It is important that we recognise new dangers and act to protect the public. I hope the hon. Gentleman is reassured that we will take action and are doing what we can at this stage.

• 14 May 2025 · Carer’s Leave · Hansard source

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  That point has been mentioned a number of times in this debate, and we will certainly look at the research as it is produced. I have noted that the shadow Minister now supports paid carer’s leave, although he could not bring himself to support it during the passage of the Employment Rights Bill. I am aware that there has been some debate on the issue in the other place, and we will look very carefully at how that debate unfolds. It is important that we take the time to carefully consider the potential impact of any further policy before taking any decisions. As the hon. Member for North East Fife said, we often receive responses on the 2023 Act’s application from organisations that are engaged on this issue. I pay tribute to those organisations, and some are clearly leading the way. An important point was made that, even in organisations that are very supportive of carer’s leave and have all the policies in place, people sometimes do not get any further if they have the wrong line manager. That applies to a number of similar entitlements, so more work is needed. As my hon. Friend the Member for Shipley (Anna Dixon) mentioned, we need to ensure that any decisions we make are grounded in evidence. There are several potential approaches to further support, including paid carer’s leave, and we will continue to consider those with external stakeholders. It is important to note that careful design is needed where leave entitlements have a pay entitlement attached. Thought must be given not only to the impact on carers and businesses but to how any such paid entitlement would interact with existing legislation and rights. The hon. Member for North East Fife asked a number of important questions about the Department’s role in informing employers and carers of their new rights. Obviously, gov.uk is one source, but other organisations and charities that we work with, such as Carers UK and the Carers Trust, are also sources of information. There are also carers’ networks, employers and bodies such as ACAS and the Chartered Institute of Personnel and Development. As part of our stakeholder engagement in business roundtables, we are considering what further work we can do to promote information on carers’ rights. I am a strong believer that rights are only as good as people’s awareness and ability to enforce them. We are engaging with carers and businesses. We are working with advocacy groups such as Carers UK and the Centre for Care, and we are working across Government to provide a coherent approach. There is now a ministerial working group on unpaid carers, involving the Department for Work and Pensions, the Department of Health and Social Care and the Department for Education, and it is discussing a cross-governmental approach. Turning to the broader dimensions of the debate, the hon. Member for Brecon, Radnor and Cwm Tawe (David Chadwick) spoke with great sincerity about the issues faced by his constituents. The themes that he picked out in relation to his constituents, and to Wales more broadly, about awareness of those rights and whether people can afford to exercise them, were important and are replicated across the UK. The hon. Member for Strangford (Jim Shannon) spoke with his customary sincerity—I do not say that just because he was pleasant about me—and conveyed the importance of carers in his constituency and across Northern Ireland. I commit to speaking to my counterpart in the Northern Ireland Executive about some of the points he raised. I am conscious that there may be Divisions shortly and that I need to give the hon. Member for North East Fife an opportunity to respond, so I conclude by saying that we have heard the case that Members have made about the importance of supporting carers and their need to balance paid work against their caring responsibilities. All the issues raised are being considered in the Department’s ongoing work. I genuinely value the heartfelt and constructive discussion we have had this afternoon. We all agree that unpaid carers deserve our recognition and support, and I am glad to see Members coming together to express that. I once again thank the hon. Member for securing this debate, and I am sure we will continue this discussion.

• 25 Mar 2025 · Terms and Conditions of Employment · Hansard source

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  My hon. Friend makes a very important point that those rights are only as good as the ability of the Government to enforce them. As we know, His Majesty’s Revenue and Customs has a very effective system to deliver on the minimum wage and we will shortly be releasing our latest round of naming and shaming of those employers who have not done the right thing. We hope that the fair work agency, when it is established, will be even more effective at delivering fairness across the country and ensuring that everyone gets the minimum wage they deserve. We know there are particular sectors where there are acute challenges. I turn to the points made by the Scottish National party spokesperson, the hon. Member for Dundee Central (Chris Law), about the bills and costs of an 18-year-old being the same as those for an adult. That is something I absolutely understand. It is why we changed the Low Pay Commission’s remit to ensure that we eventually get parity for that age group on the full adult rate. It is also why we have changed the remit of the Low Pay Commission to move towards a real living wage for all adults. We understand that that is such an important thing for us to deliver on. He may feel that we are not quite there yet, and we must ensure we take evidence as we go along from businesses on how it impacts on particular sectors and particular parts of society, but 18 to 20-year-olds are getting a £2,500 pay rise this year as a result of the regulations. That is something I am sure he will welcome. My hon. Friend the Member for Newton Aycliffe and Spennymoor (Alan Strickland) raised very well the regional impacts of the wage increase in his part of the world. It is the case that the regulations will mean 140,000 workers in the north-east, or 14.5% of the total workforce in that region, will benefit from the increase. We should all be absolutely delighted about that. My hon. Friend the Member for Kettering (Rosie Wrighting) also raised in-work poverty. That is why the remit is being changed. We want to ensure that in-work poverty is consigned to the history books. My hon. Friend the Member for Hendon (David Pinto-Duschinsky) set out in stark terms the figures associated with the regulations. I may mention them again at some point before I finish. They are the bold numbers that will go directly into people’s pockets and that we can show as tangible proof of a Labour Government delivering for working people. My hon. Friend also raised the matter of the empty Opposition Benches. I do not want to equate that with meaning that the Conservatives do not support these increases, as I think the shadow Minister, the hon. Member for West Worcestershire (Dame Harriett Baldwin), said that they did. I do put her on notice, though, that her party leader has been less than full in her support for the minimum wage, so I hope that the shadow Minister’s support for today’s measures has not damaged her career prospects. It may well be that there is another leader in a few months anyway, and that things will be looking up. We do hope that the Conservatives continue to support the minimum wage as we move forward and that they do not change tack now that they have entered opposition. However, the shadow Minister did raise a number of important questions, which I will now try to address. She raised the impact on public sector workers. Of course, pay for most frontline workers is set through pay review body processes, which do take account of national living wage increases as part of their processes. We do not believe that many public sector workers will be directly affected by this change, but it is something the Departments will take into account when they set their budgets. The shadow Minister also asked about the cumulative impact of the changes. The impact assessment does show that this year’s upratings will represent a 0.14% increase in the UK-wide wage bill, which I think is incredibly good value for what we are delivering into people’s pockets. Of course, the total impact of the Employment Rights Bill is, at most, 0.4% of the total wage bill. The hon. Lady raised questions about burdens on SMEs. The Low Pay Commission does take into account the impact on business as part of its operations. It looks at the competitiveness of individual businesses, the labour market and the wider economy, drawing on extensive labour market pay analysis and stakeholder evidence when recommending rates, and we would expect the commission to do exactly the same next year. Small businesses have, of course, had support from this Government. We have increased the employment allowance from £5,000 to £10,500, meaning that 865,000 employers will pay no national insurance contributions at all, and more than half of employers will gain or see no change from this measure. We have also extended business rates relief for the retail, hospitality and leisure sectors. The hon. Lady raised concerns about the impact of the measures on young people. The youth guarantee will ensure that every young person has access to education or training to help them to find a job, and we are transforming the apprenticeship levy to ensure that young people get the opportunities they deserve. The shadow Minister raised concerns about the overall labour market. I would just make the point that payroll employment is actually higher now than it was this time last year, and the latest labour force survey last week showed record numbers of people in work. Perhaps the negative headlines that we have been seeing are not actually the reality of the situation. I like to deal with facts, Madam Deputy Speaker, and the facts are that these regulations will put more money into the pockets of workers around the country—around 200,000 workers in Scotland, 160,000 workers in Northern Ireland and 150,000 workers in Wales. This will make a real difference to people: £1,400 for a full-time worker and £2,500 for someone on the 18-to-20 rate. This is truly a worthwhile exercise, and we thank the Low Pay Commission for its work, as well as HMRC, which enforces on behalf of the Department, and ACAS, which offers impartial advice and expertise to ensure that workplace disputes can be resolved and workers’ rights can be upheld. This is a meaningful change being delivered by this Government that delivers a powerful message: this Government, and indeed this Parliament, are committed to making work pay. These real-terms increases to the minimum wage will end insecurity at work. I commend these regulations to the House. Question put and agreed to. Resolved, That the draft National Minimum Wage (Amendment) Regulations 2025, which were laid before the House on 4 February, be approved.

• 25 Mar 2025 · Terms and Conditions of Employment · Hansard source

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  I beg to move, That the draft National Minimum Wage (Amendment) Regulations 2025, which were laid before this House on 4 February, be approved. The purpose of the regulations is to increase the national living wage rate and the national minimum wage rates on 1 April 2025. The regulations were laid in draft before Parliament on 4 February and approved by the other place on 17 March. The Government are committed to making work pay. The plan to make work pay will tackle the low pay, poor working conditions and poor job security that have been holding our economy back for far too long. Earlier this month, the House approved passage of the landmark Employment Rights Bill, which will benefit more than 10 million workers in every corner of the country and deliver the biggest upgrade to workers’ rights in a generation. Some aspects of the Bill and accompanying legislation and guidance will not come into effect for some time as the Government continue to engage with stakeholders, businesses and trade unions on its implementation. When we took office last year, however, we committed to taking immediate action where we could, and on the minimum wage we have done so. One of the proudest achievements of the last Labour Government was the creation of the national minimum wage, which eliminated the extreme low pay that was blighting our country. We are proud to say that one of the first actions taken by this Labour Government within a month of last year’s general election was to overhaul the remit to the Low Pay Commission. For the first time, the remit now explicitly includes the cost of living as one of the key factors to be considered when making national living wage recommendations. We have begun the journey towards creating a genuine living wage, as well as extending that to all workers aged over 18 by moving towards a single adult rate. Before turning to the precise details of the regulations, I want to extend my thanks to the Low Pay Commission. The commissioners and their officials have worked diligently and efficiently, particularly after the updates to the remit were made, and we were pleased to accept all their recommendations. That is testament to their social partnership model and expert analysis and engagement, which ensure that the Government can deliver on their ambitious agenda, but without adversely impacting on businesses, the labour market or the wider economy. Turning to the detail of the regulations, which, after parliamentary approval, will take effect on 1 April, the national living wage rate, which currently applies to workers aged 21 and over, will increase from £11.44 to £12.21. That represents a rise of 77p or 6.7%, which is well above all measures and projections of inflation, therefore delivering real terms pay increases to an estimated 3 million workers. We will also be delivering large increases to the other national minimum wage rates. The 18 to 20-year-old rate will increase by £1.40 from £8.60 an hour to £10 an hour. That is a record 16.3% increase for that age group. It means that a full-time worker on the 18-to-20 minimum wage rate will see their gross annual earnings increased by around £2,500 a year—a well-earned pay rise and a significant step towards parity with the headline rate. The national minimum wage rate for 18 to 20-year-olds will be equal to 82% of the national living wage in 2025, compared with 75% in 2024. The minimum wage rate for workers above school leaving age but under 18 years old will increase from £6.40 to £7.55 an hour—a large rise of £1.15 or 18%. The same rise will apply to the apprenticeship minimum wage rate, which applies to apprentices aged under 19 or in the first year of their apprenticeship. Finally, the accommodation offset rate, which is the maximum daily amount that an employer can charge a worker for accommodation without it affecting their pay for minimum wage purposes, will increase by 6.7%, or 67p, to £10.66. I draw Members’ attention to the comprehensive impact assessment, which the Department published alongside this legislation. As they may have noted, the impact assessment, which includes an equalities assessment, has received a green fit-for-purpose rating from the independent Regulatory Policy Committee. As I have touched on, we estimate that the increases to the minimum wage rates will deliver a direct pay increase for over 3 million workers, while an additional 4 million could benefit from the positive spill-over effects. The minimum wage has greatly reduced pay inequality in the UK, with the share of low-paid jobs in hourly terms estimated at 3.4% in 2024. That is a record low, and down from 21.9% in 1999. But the work does not stop there, as we continue to build towards a genuine living wage and the extension of eligibility to workers aged between 18 and 20 by ending the discriminatory age bands. To that end, we will publish in due course a fresh remit to the Low Pay Commission, asking it to recommend minimum wage rates to apply from next April. As part of this, the Low Pay Commission will consult about the appropriate trajectory towards the single adult rate as we ensure that this is delivered without adverse impacts on youth employment as well as participation in training and education. Like the previous Labour Government, with their creation of the minimum wage over a quarter of a century ago, this Labour Government will be proud to leave a profound legacy for workers’ rights, because we are making work pay and we are proud to make more progress on this by supporting this instrument today. I commend the regulations to the House.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

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  I am glad that the hon. Member has access to the internet. I direct him to the Department’s webpage, where he will see that Jane Gratton, deputy director of public policy at the British Chambers of Commerce, said: “There is much here to welcome as sensible moves that will help ensure that employment works for both the business and the individual”. That was in response to the amendments, so it is a much more up-to-date comment than the one the hon. Member mentioned. Returning to the important issue of violence against women and girls, it is incumbent on every part of Government to work together to tackle violence against women and girls. That is not a task for a single Department or Minister. The Government are steadfastly committed to delivering our manifesto commitment to halving violence against women and girls, and we will publish a cross-Government strategy shortly. I intend to work with colleagues to ensure that our Department does its bit in that respect. I also take this opportunity to note the amendments tabled by my right hon. Friend the Member for Sheffield Heeley (Louise Haigh) and the hon. Member for Oxford West and Abingdon (Layla Moran) on non-disclosure agreements. I have met advocates on that issue and I understand the significant problems that they have highlighted in relation to the misuse of non-disclosure agreements in some circumstances. That important issue warrants further consideration. The Government are pressing ahead with plans to implement the provisions relevant to NDAs in the Victims and Prisoners Act 2024 and the Higher Education (Freedom of Speech) Act 2023. We take NDA misuse seriously and will continue to look into it to see what we can do.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

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  Yes, but the hon. Member forgets the fact that we are removing the waiting days. With the provisions on the lower earnings limit going, 1.3 million people will be accessing statutory sick pay. We think that that is the right balance and that it will leave people in a much better position. Of course, it is something that we will always continue to review. Moving on to umbrella companies, we are aware of non-compliance in this market, where umbrella companies can be responsible for denying employment rights to those who work through them. New clause 36 will allow for the regulation of umbrella companies and for enforcement by the Employment Agency Standards Inspectorate, and subsequently the Fair Work Agency. The specific requirements on umbrella companies will be set out in the relevant regulations, which set out the minimum standards of conduct for employment agencies and employment businesses. We will consult before amending these regulations, and we are committed to working with the sector to ensure that future regulation works effectively for umbrella companies. The amendment marks an important step towards ensuring non-compliant umbrella companies are no longer able to deny workers the rights they are owed. The Government are moving a range of amendments in relation to part 3 of the Bill, which covers the adult social care negotiating body and the school support staff negotiating body. On the SSSNB, the Government are moving two technical amendments to correct incorrect cross-references. The body is an important part of delivering both the Government’s “Plan to Make Work Pay” and our opportunity mission. The Government will today commit to consult in the summer on whether agency workers should be brought into scope of the SSSNB in future legislation to support those missions.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

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  The answer is in the Department’s press release, which cites Simon Deakin, professor of law at the University of Cambridge, no less. He has said: “The consensus on the economic impacts of labour laws is that, far from being harmful to growth, they contribute positively to productivity. Labour laws also help ensure that growth is more inclusive and that gains are distributed more widely across society.” I am sure that the right hon. Member wants to see that happen. Amendments in relation to the rights in clauses 2 and 3 to reasonable notice of shifts and payment for short-notice cancellation, curtailment and movement of shifts will ensure that the rights work appropriately for workers whose contracts specify the timing of at least some of their shifts; provide that a worker is entitled to a payment from their employer only for a shift cancelled, moved or curtailed at short notice if they reasonably believed they would be needed to work the shift; and allow employers to disclose personal information about a worker in notices of exceptions, where appropriate and in accordance with data protection law, and ensure that the usual burden of proof applies where it is alleged that such a notice is untrue.

• 5 Mar 2025 · Department for Business and Trade · Hansard source

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  I absolutely agree with my hon. Friend, and that is what we are attempting to deliver with our industrial strategy. Engagement with businesses is continuing on that. Publication will, I believe, be in the late spring, and we will ensure that it is a very successful launch. I will draw my comments to a conclusion, but I want to acknowledge Conservative Members’ barrage of criticism for the Employment Rights Bill. I refer the House to my entry in the Register of Members’ Financial Interests, just to make sure that the shadow Minister is not disappointed. No doubt we will debate the Bill in more detail next week, but I do hope that Conservative Members will have actually read it by then. They kept talking about going back to the 1970s, but the legislation that the Bill repeals is from 2023 and 2016, so we are going back to 2015 at best. I hope that they get some better lines before Report. In conclusion, we are making the UK a more attractive and easier place in which to invest and do business through our expanded Office for Investment. Our sectors of the future are being emboldened through our modern industrial strategy, which will ensure that we have the right environment and skills for them to innovate, invest and create clean growth. Small and medium-sized businesses are being supported with the capital and conditions that they need to thrive, and millions of employees are being afforded greater protections at work, so that they can support their family and enjoy a higher standard of living, because we are determined to end the race to the bottom. I thank all Members for contributing to the debate, and I am grateful for the important work of the Business and Trade Committee. I look forward to continuing to work with it. I commend these estimates to the House.

• 11 Feb 2025 · Terms and Conditions of Employment · Hansard source

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  My hon. Friend is right. The impact assessment refers to evidence showing that family-friendly policies are good for employers as well as for individuals. That is certainly the Government’s approach towards employment rights. We have extensively consulted stakeholders, including charities and business representative organisations, to ensure that these regulations balance the needs of parents and businesses. These groups agree that the proposed reforms will provide substantial benefits to businesses, including the retention of their employees’ skills and knowledge, as my hon. Friend has just said. I will explain in detail a few points in the regulations, which have been developed through consultation with relevant Departments, including the Department of Health and Social Care. We have a definition of neonatal care that encapsulates the different ways in which babies receive it, including beyond the walls of a hospital and through outreach care. This could include care that takes place in the family home, provided it meets the relevant criteria. We have included outreach care in the eligibility criteria to capture the many ways in which babies receive care, and to prevent a postcode lottery in which parents of children who receive the same clinical treatment may qualify in one area because they receive their treatment in hospital, but not in another area because they receive their treatment at home through an outreach care programme. To ensure that as many parents as possible are eligible, the definition of “parent” in the regulations encompasses adoptive parents, foster-to-adopt parents and intended parents in surrogacy arrangements. Those who meet this definition will also be required to have caring responsibility for the child. Having a baby in neonatal care is a difficult experience for any parent, whether the baby is admitted for one day or for many months. However, this entitlement will focus on parents of babies who experience prolonged stays in neonatal care as they will be in most need of additional support. A qualifying period of neonatal care will therefore be a minimum of seven continuous days, beginning on the day after the one on which the care starts. Starting the clock at one minute past midnight of the day after the child is admitted creates a consistent approach that does not vary from baby to baby. The total amount of statutory neonatal care leave and pay available to parents will be capped at a maximum of 12 weeks, which balances the needs of businesses with the needs of parents. It is also worth noting that the entitlement will be in addition to other entitlements to parental leave and pay that parents may also be eligible for. The leave and pay can be taken in two tiers. Tier 1 leave can be taken when the baby is receiving neonatal care and for one week after they stop receiving care. That leave can be taken at short notice, allowing parents to act flexibly in an emergency. Tier 2 leave can be taken after the baby has left neonatal care and therefore requires more prescription to ensure the needs of employers are balanced against the needs of employees. That approach provides flexibility for parents and crucially allows them to work around existing leave entitlements, such as maternity or paternity leave. Employees will need to give notice to take leave and pay, and provide their employer with the information set out in the regulations. The method depends on which tier of leave they take and, as Members will expect, the stipulations in tier 1 are less stringent than those in tier 2. When the employee wants to take leave in tier 1, they will need to notify their employer before they start work on the first day of absence or as soon as possible thereafter. For pay, notice must be given within 28 days, beginning with the first day of the week in which pay is being claimed. When the employee wants to take leave in tier 2, they will need to give notice 15 days in advance for one week of leave and 28 days in advance for two or more weeks of leave. That is because leave in tier 2 can be more easily planned. The same notice requirements will also apply for pay. Furthermore, parents are not required to provide proof of their child receiving neonatal care. To make a claim in respect of pay, the employee may need to provide a signed self-declaration. Parents who are out of the workforce on family leave for extended periods may be at more risk from redundancy when they first return to work. We have therefore ensured that parents on neonatal care leave will be protected from redundancy, and those who have taken six continuous weeks of neonatal care leave will also be protected until their child turns 18 months. We anticipate that there will be some impact on businesses regarding familiarisation with the policy and managing the impact of employee absences. Like other family-related pay entitlements, employers will be responsible for administering the statutory payment on behalf of the Government. Overall, we estimate that the net annual recurring cost to businesses will be around £22.5 million. We also anticipate there will be a one-off familiarisation cost to businesses, which we estimate to be £4.7 million. Despite those costs, we anticipate that there will be further benefits to businesses, as there is evidence that shows, as has already been mentioned, that workplaces offering a range of extensive family-related policies are more likely to have above-average performance relative to workplaces without such practices. My officials are working with His Majesty’s Revenue and Customs to ensure there is clear guidance on gov.uk to support employers in implementing this policy, and with Bliss, to which I pay tribute for its work in this area, to ensure that parents can access the information they need to understand their entitlement as easily as possible. I thank all those who have been involved in the development of neonatal care leave, including the premature and sick babies charities, for their tireless campaigns and support. I hope they are proud that we have got this on the statute book and that the regulation will be introduced today. It will make a real difference to hard-working families, who need the support at such a critical time. I commend the regulations to the House.

• 30 Jan 2025 · North-east: Support for Businesses · Hansard source

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  I am at one with my hon. Friend in wanting all parts of the country, especially the north-west and the north-east, to have high-paid, well-skilled, good jobs, in tech sectors in particular, but also in other areas where we can see great advantage for the economy. The local skills improvement plan for the north-east will help, and the excellent facilities at Blyth’s Energy Central Learning Hub are supported by over £6 million of Government funding. That is already developing sector skills in a real-world port setting. With the reopening of the Northumberland line, we have reconnected towns in south-east Northumberland with Tyneside, improving links and opportunities across the area.

• 16 Jan 2025 · Employment Rights Bill (Twenty First sitting) · Hansard source

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  I thank the hon. Member for Torbay for tabling the new clause. I think its origins are in written evidence to the Committee from the edu-legal organisation Edapt, which has been raising this issue with successive Governments for a number of years. It is important to set out the position under current law. Section 10(3) of the Employment Relations Act 1999 explains that when a worker is asked to attend a disciplinary or grievance hearing they are entitled to bring a companion who is either a fellow worker, an official employed by a trade union, or a workplace trade union representative that the union has reasonably certified as having received training in acting as a worker’s companion at such hearings. Employers are free but not obliged to allow workers to be accompanied by someone who does not fall into those categories. Some workers may have a contractual right to be accompanied by persons other than those listed, such as a professional support body, partner, spouse or legal representative. As one of the initial steps in resolving tensions when the worker-employer relationship has broken down, the provisions of the 1999 Act seek to keep disciplinary and grievance procedures internal to a workplace. Expanding the types of organisations that can be involved in representing workers could lead to hearings requiring legal representation for both worker and employer. We certainly do not want to see internal disciplinary or grievance hearings ending up in a legal battle. That would invariably increase the cost of holding a hearing and potentially decrease the chances of an amicable resolution. Equally, introducing increased legal expertise from outside the workplace could increase the likelihood of a tribunal. Workers and employers may judge ACAS conciliation or mediation unlikely to resolve a dispute because legal arguments have been made during an internal disciplinary hearing. We certainly believe that amicable resolutions are the swiftest way for justice to be delivered. The new clause would give the Secretary of State the power to set out and define in regulations the professional bodies that could represent employees in disciplinary and grievance hearings. Although, as the shadow Minister said, this measure relates specifically to the education sector, one can easily see a whole range of organisations beginning to knock on the door. It would raise all sorts of questions about regulations, standards and enforcement, and it would inevitably expand quite quickly. As the shadow Minister said, it is not clear beyond the written submission to the Committee where the demand is for the expansion of this right. Employers are of course entitled to nominate individuals or organisations for recognition. The Government are clear that trade unions are best placed to provide workplace representation. The legislation is fit for purpose in terms of ensuring that that is done in a proportionate and balanced way. On that basis, we reject the new clause.

• 16 Jan 2025 · Employment Rights Bill (Twenty First sitting) · Hansard source

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  The shadow Minister’s amendment 164, as he said, would require the Secretary of State to have regard to the UK’s growth and international competitiveness when making any regulations under the Bill. As the shadow Minister knows, the Government are committed to getting growth in this country back on track and to maintaining and strengthening our international standing. I noticed that in his litany of negative economic news, he forgot to mention today’s growth figures, which show us back in positive territory. Our employment rights framework is about ensuring that the economy works for everyone. The Government believe our plan to make work pay will bring the UK back in line internationally and tackle issues with low growth, productivity and pay. The plan is not only a core part of the mission to grow the economy, but crucial to delivering on our milestone to raise living standards across the country and to create opportunities for all. It sits alongside work on planning reform, the skills revolution, tackling inactivity and launching our vision for a modern industrial strategy. The strategy will enable the UK’s already world-leading services and manufacturing sectors to adapt and grow, seizing opportunities internationally to lead in new sectors, with high-quality, well-paid jobs. It will be grounded in long-term stability, a renewed commitment to free and fair trade, and a pro-business approach focused on reducing barriers to investment in the UK. We have committed to full and detailed engagement with businesses and trade unions alike as we develop the detail of regulations under the Bill. Our published impact assessment evaluates a wide range of evidence and concludes that the package could have a direct and positive impact on growth. Our intention is to refine our analysis as policy development continues, including by publishing updated option assessments and impact assessments, alongside future consultations and secondary legislation, to meet our better regulation requirements. In developing the detail of regulations, our officials and Ministers will pay close heed to the potential impacts on growth, as well as to our international comparability. We are committed to ensuring that we get support across the country among workers and employers alike. Amendment 165 would require the Secretary of State to consult, and to publish a report of consultation that has been undertaken on specific measures, before making any regulations under the Bill. As was noted by the Liberal Democrat spokesperson, the hon. Member for Torbay, those on the Conservative Benches have taken a rather vacillating approach to consultation during the passage of the Bill, but we have been clear that we are pro-business and pro-worker. That is reflected in our approach, not just in Committee but with engagement since before the Bill’s publication, to ensure that our plan to make work pay is delivered. As the Committee knows, we have committed to full and comprehensive consultation with all stakeholders. We began in October with an initial consultation package and, as set out in the “Next Steps to Make Work Pay” document, we will consult further on the implementation of the Bill’s measures. Alongside formal consultations, we have conducted extensive engagement on how best to put our plans into practice. We have already held and attended about 40 meetings of external stakeholders related to “Make Work Pay”. Eighteen of those meetings have been specific to businesses, eight specific to trade unions, and seven held in a tripartite setting. I have written to the shadow Minister with details of the engagement that has already taken place. The figures are not exhaustive and do not include officials’ meetings or recurring meetings with external organisations to discuss a range of topics. I therefore suggest that we are engaging and consulting fully and that the amendment is not necessary.

• 17 Dec 2024 · Employment Rights Bill (Thirteenth sitting) · Hansard source

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  Of course, the Bill has not been published yet, so we cannot stray into that. We may be able to get on to it this afternoon, but we are trying to help some of the most poorly paid people in our society, who do such an important job. My hon. Friends the Members for Penistone and Stocksbridge, for Birmingham Northfield and for Stratford and Bow all talked about how important teaching assistants are, particularly in supporting those with special educational needs. My hon. Friend the Member for Birmingham Northfield was right that it is shameful that the Low Pay Commission has now deemed teaching assistants to be part of the low pay environment. We are determined to address that, which is why the reinstatement of the SSSNB is an important step. Let us reflect on some of the evidence that we have had—for example, the GMB evidence. Andy Prendergast said: “we see increasingly more pupils with special educational needs go into mainstream education, and they need that additional support.” –– [ Official Report, Employment Rights Public Bill Committee, 28 November 2024; c. 132, Q136.] Some of those staff do detailed things such as phonics, supporting pupils with special educational needs and disabilities, and help to deliver classes. I take the point that has been made about the NJC being an inappropriate way of evaluating and assessing job value. It is clear—indeed a number of other pieces of written evidence have supported our assertion—that the NJC is not the right vehicle for assessing teaching assistants’ pay. We believe that the SSSNB is the way ahead. The hon. Member for Bridgwater talked about this being a centralising move. Of course, the SSSNB will comprise mainly employers and employee representatives. It will not be a Whitehall-dominated machine.

• 17 Dec 2024 · Employment Rights Bill (Thirteenth sitting) · Hansard source

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  Clause 28 introduces schedule 3, which inserts proposed new part 8A into the Education Act 2002. Paragraph 1 of schedule 3 contains proposed new sections 148A to 148R of the 2002 Act and will be discussed separately. The reinstatement of the school support staff negotiating body will give school support staff the recognition they deserve for the crucial role they play in children’s education and development. Establishing the SSSNB through the Bill will help ensure that schools can recruit and retain the staff needed to deliver high-quality, inclusive education and support the Government’s work to drive high and rising standards in schools, so every child has the best life chances. The body will bring together representatives of school support staff employers, representatives of support staff, an independent chairperson and a representative of the Secretary of State. The SSSNB will consider the remuneration, terms and conditions of employment, training and career progression opportunities for school support staff. Its remit will lead to the creation of a national terms and conditions handbook, fair pay rates and clearer training and career progression routes for school support staff in England. Most school support staff are currently employed on National Joint Council for local government services pay and conditions. The NJC is a negotiating body made up of representatives from trade unions and local government employers. Existing NJC arrangements are not statutory or school specific. Moving to a school-specific body where pay rates and pay awards for support staff are negotiated by school support staff employer and employee representatives and ratified by the Secretary of State will both help to ensure fair pay rates for school support staff and allow central Government to have a strategic view of pay across the school workforce. It is essential for the SSSNB to have a statutory remit so that all prospective and current support staff in state schools nationally benefit from a transparent, guaranteed core pay and conditions offer. The Bill re-establishes the SSSNB as an unincorporated body on a similar footing to the previous body from 2009 that was abolished by the coalition Government in 2010. As education is a devolved matter, the extent of these measures is therefore England and Wales and the measures will apply to England only. This is consistent and in line with the remit of the School Teachers Review Body being England only. The 2009 SSSNB included only those support staff employed by local authorities and governing bodies to work in maintained schools within its scope. Roughly half of schools are now academies, compared with around 200 in 2009 when the body was previously established. Support staff employed by academy trusts are now included within the SSSNB’s remit. It is crucial that the body has a remit for all state-funded schools in England in order to achieve greater national consistency, irrespective of which type of school support staff work in. That is a point that we may come on to debate in due course.

• 17 Dec 2024 · Employment Rights Bill (Thirteenth sitting) · Hansard source

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  It is a necessary measure because, as we have seen, teaching assistants and school support staff have suffered in recent years. The point that the hon. Member for Chippenham and several other Members made about funding is correct. It will, of course, be incumbent on future Governments to ensure that any proposals that come forward are affordable. It should be noted that the recent Budget put some additional funds into special educational needs. Let us look at why this measure is needed. We know that there is a chronic issue of low pay, a lack of career progression and damaged recruitment and retention among school support staff. A survey of teaching assistants found that 27% were considering leaving education altogether—surely we need them to stay—while 60% cited low pay as a reason for leaving, and 40% said that lack of opportunities for progression was. Eighty-nine per cent of schools said they found recruitment difficult, particularly in respect of teaching assistants, and 78% said they found that group hard to retain. There were similar figures in terms of the difficulties with the recruitment and retention of teaching assistants with SEND specialisms. We are setting up this body to recognise that these people do a critical job in our education system and that they are not properly represented at the moment. They do not have a proper voice, and they do not have a proper mechanism to ensure that the valuable work they do is properly measured, remunerated and recognised. That is why the SSSNB is so important. Question put, That the clause stand part of the Bill.

• 17 Dec 2024 · Employment Rights Bill (Thirteenth sitting) · Hansard source

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  I will respond in the strict terms that you have directed, Mr Mundell. I also point out to Members that an education Bill will be presented today. So there will be an opportunity for the wider debate that Members are keen to have, when that Bill gets its Second Reading in due course.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  It is a pleasure to see you in the Chair this afternoon, Ms Vaz, and as always I refer to my entry in the Register of Members’ Financial Interests, and my membership of the GMB and Unite trade unions. The shadow Minister will not be surprised to hear that we are not going to accept the amendment, as it would drive a coach and horses through what we are trying to achieve. The remit in the Bill gives the negotiating body the scope necessary to negotiate and reach agreements on pay and conditions, and advise on training and career progression for all school support staff. The Secretary of State may then incorporate agreements reached in support staff contracts through secondary legislation. As has been pointed out, that would be a floor. It will be possible for schools to innovate above that, and the detail will be worked out in due course. This is about creating a baseline for terms and conditions, not a ceiling. As the shadow Minister knows, as roughly half of the 24,000 state-funded schools are academies the amendment would seriously undermine the policy intention of the SSSNB. We believe that about 800,000 employees would be positively impacted by the Bill, but the amendment would mean that school support staff in academies would have no voice, and no opportunity to raise their concerns about pay, career progression and training prospects, which we know are real issues, particularly in the SEN sectors. There would no vehicle for them, because they would not be part of this body. Of course their employers would have to have regard to what the SSSNB decided, but there would be no legal requirement for those terms to be incorporated into individual contracts. I think that misses the point of what we are trying to achieve here. I do not accept that there is a connection between good educational outcomes and low pay for teaching assistants, which seems to be the thrust of the argument from the Opposition. As my hon. Friend the Member for Birmingham Northfield said, the references in the amendment to a framework are not particularly helpful, as it is not defined and would create more confusion. We should say that it is not just academies that can demonstrate excellence in innovation. All schools have the ability to do that, and there will be room for all schools to continue to innovate under the legislation and meet their local recruitment needs.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  I thank the shadow Minister for tabling amendment 123 and 124 and for raising these issues. The Department will assess the cost implications of the constitutional arrangements of the SSSNB prior to constituting it, but it would be disproportionate to require an impact assessment. My hon. Friend the Member for Birmingham Northfield referred to some costs; those costs have not necessarily been pinned down at this stage, but they are clearly below the level at which a formal impact assessment would normally be required. It is envisaged that the costs of the body will be limited to administrative expenses and fees, so we do not think that amendment 124 is necessary. The Bill requires the constitutional arrangements for the SSSNB to provide for it to prepare annual reports; it allows the Secretary of State to specify the manner in which reports are published. Assessing the impact on the education sector of agreements reached will be important, prior to the Secretary of State’s ratification of any agreements. We anticipate that the Department for Education will undertake an assessment of affordability and impact, as it will be better placed to do so than the SSSNB itself. It is important to note that there will be employers on the SSSNB who will be part of the body making those recommendations, so they will have those considerations at the forefront of their mind. Considerations of cost and affordability will be an important part of any discussions and negotiations that take place in the SSSNB. Annual reports are likely to set out the work undertaken by the body, but the exact detail of what will be in the annual reports will be agreed at a later date; I do not think that it would be appropriate to specify that in the Bill.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  As Committee members will have noticed, this is a significant group of clauses, which relate to the establishment of a negotiating body for the adult social care sector, a key element of the Government’s plan to make work pay. The body aims to address the long-term issues of low pay and poor retention in the adult social care sector. The adult social care sector is large, with 1.59 million people working for it in England in 2023-24, which as I have already said is equivalent to 5% of all adults in employment. Poor terms and conditions are associated with higher staff turnover. For example, the Skills for Care annual report states that care workers were less likely to leave their posts if their employers paid above the 3% auto-enrolment rate for pensions, or paid more than statutory sick pay if care workers could not work due to illness. This is a key element of the Bill. I will speak to each clause in turn. Clause 29 gives the Secretary of State the power to create the adult social care negotiating body by regulations, with the aim of negotiating a fair pay agreement within the adult social care sector. Giving specific powers to the Secretary of State in relation to the body is key to ensuring that the Government have the necessary powers to set up and design this body, and that will take place after engagement with the sector. The clause ensures that the Secretary of State has the power to create a body that is appropriately made up of members including representatives from relevant trade unions and employers. It also enables regulations to provide for the smooth and efficient running of the body, and for it to be subject to reporting requirements. The Secretary of State will have the power to set out the body’s decision-making process and to make provision for any staff and facilities and for payment of fees and expenses. Clause 30 defines the matters within the negotiating body’s remit—namely, the remuneration and other terms and conditions of employment of social care workers. The clause enables the body to cover not only pay, but wider terms and conditions of employment of adult social care workers. We know that the adult social care sector is diverse, so the clause also allows the Secretary of State to add further matters to the remit of the body, provided they relate to a social care worker’s employment. The remit of the body can also be narrowed by the Secretary of State, who has the power to specify in regulations the types of social care worker that fall within the remit of the body. Members will see that clause 31 defines “social care worker” as including those who work in, or are employed in connection with the provision of, adult social care. The clause specifically excludes from the definition of adult social care anything provided by an establishment or agency regulated by His Majesty’s chief inspector of education, children’s services and skills, to ensure that children’s services are not captured. The clause provides an essential definition of adult social care worker, which the other clauses refer to throughout. Without it, the remit of the body and the scope of the clauses would not be sufficiently defined. Clause 32 sets out the power of the Secretary of State to make provision in regulations about the consideration by the negotiating body of matters within its remit. In accordance with regulations made under the clause, the Secretary of State will be able to specify conditions that any agreement must meet, such as on funding. It also allows regulations to provide that the body may consider only matters referred to it by the Secretary of State, such as specific terms and conditions for certain types of social care worker, and must take into account specified factors when coming to an agreement. The regulations that can be made under clause 32 can impose information-sharing duties on the body’s members to enable efficient negotiation and require the body to submit any agreement to the Secretary of State for consideration. They also allow for the body to be allocated clear deadlines for discussion, so as not to delay this important process. Clause 33 enables regulations to provide that the Secretary of State can refer agreements back to the negotiating body for reconsideration. Making provision for reconsideration of an agreement ensures that any agreement can be refined following review by the Secretary of State and that the Government are not forced to reject an agreement they are unable to implement. It also provides the Secretary of State with an appropriate safeguard to ensure that further work can be done, where necessary, to ensure that a suitable agreement is reached. The Secretary of State can also make regulations that provide for the same matters listed in clause 32. Clause 34 allows the Secretary of State to make provision in regulations for circumstances where the negotiating body is unable to reach an agreement. Providing a clear process for the body to resolve roadblocks in reaching an agreement is key to ensuring that the body arrives at a conclusion that is agreeable to all parties. In regulations made under this clause, the Secretary of State will have the power to appoint someone to resolve the barriers to an agreement and confer the relevant dispute resolution powers on them. Clause 35 allows the Secretary of State to ratify an agreement made by the negotiating body and thereby give it legal effect. That is essential to successful implementation and ensures that any agreement provides the maximum protection for affected workers. It allows for sufficient flexibility, because the Secretary of State can ratify part of an agreement, such as implementing some aspects through employment contracts, while leaving others that would be more appropriately implemented through codes of practice. The regulations may have a retrospective effect, as outlined under clause 41. That is necessary to enable regulations to appropriately fill any gap between, for example, the body reaching an agreement and the subsequent regulations ratifying that agreement, and could be used to backdate a pay rise to the date previously agreed by the body. However, the retrospective effect is limited by appropriate safeguards: regulations cannot make provision that reduces remuneration or alters conditions of employment to a person’s detriment, in respect of a period before the date on which regulations are made. Clause 36 explains that the effect of ratifying an agreement under clause 35 is to change the employment contracts of adult social care workers included in the scope of the agreement. The ratification regulations can change both the remuneration and the terms and conditions of employment contracts, depending on the content of the fair pay agreement. They also give precedence to the terms in ratified agreements over inconsistent terms in existing employment contracts. For example, if an agreement sets a new minimum hourly rate, that will take precedence over employment contracts that set out a lower rate, and so ensure that the employee enjoys the rate set out in the ratified agreement. The clause is essential to ensuring that any ratified agreement will be on a statutory footing and therefore legally implemented. Clause 37 gives the Secretary of State the power to make provision in regulations when the body has notified the Secretary of State that it has been unable to reach an agreement. The Secretary of State’s powers under this clause are limited to those matters on which the body has failed to reach an agreement. The powers under the clause are similar to those in clause 35, and enable regulations to override the pay and other terms and conditions set out in social care workers’ contracts. As under clause 35, the regulations may have a retrospective effect, as outlined under clause 41. That is necessary to enable regulations to appropriately fill any gap between, for example, the body reaching an agreement and the subsequent regulations ratifying that agreement, and could be used to backdate a pay rise to the date previously agreed by the body. However, the retrospective effect is limited by appropriate safeguards: regulations cannot make provision that reduces remuneration or alters conditions of employment to a person’s detriment, in respect of a period before the day on which regulations are made. Clause 38 gives the Secretary of State the power to make regulations about the creation of guidance or codes of practice in relation to the agreements reached by the body. The clause also enables regulations to impose duties on specific persons in relation to provision in guidance or a code of practice, and makes provision around the consequences of failing to comply with those duties, including increased financial awards in any later court or tribunal proceedings. That will ensure that any pieces of guidance or codes of practice are appropriately followed, with appropriate consequences for parties that fail to comply. Clause 39 gives the Secretary of State the power to make regulations imposing record-keeping obligations on employers. Similar provisions already exist for enforcing other aspects of employment law, such as the national minimum wage and the working time regulations. The clause therefore gives the power to apply the provisions under the National Minimum Wage Act 1998, to give social care workers a right of access to records. There may be new requirements under a ratified agreement that are not covered by existing record-keeping obligations, and without this clause the employer may not be able to provide evidence to enforcement authorities that the new requirements are being followed. We expect the fair work agency, upon its creation, to take on responsibility for the enforcement of the national minimum wage, including those record-keeping requirements. Clause 40 will give the Secretary of State the power to make regulations about the enforcement of remuneration terms in ratified fair pay agreements. These regulations can apply enforcement mechanisms used under the National Minimum Wage Act 1998, notably the notices of underpayment regime, and the clause lists specific sections of that Act in relation to enforcement. We do not intend to introduce any criminal sanctions to enforce the fair pay agreement framework. That will ensure that any pay terms can be appropriately enforced by the state, ensuring that employees are effectively paid under the conditions of a ratified agreement. The clause also prevents double recovery of remuneration, ensuring that enforcement cannot take place twice—once for the national minimum wage and again for a ratified fair pay agreement—in respect of the same work. Clause 41 gives the Secretary of State the power to create regulations under clauses 35 and 37 that have retrospective effect. As we have set out previously, that is to ensure that provision in terms of pay and conditions that falls after an agreement is reached and before the day on which regulations are made can have retrospective effect. That is necessary to enable regulations to appropriately fill any gap between the body reaching agreement and subsequent regulations being passed to ratify that agreement. Subsections (3) and (4) ensure transparency, creating an obligation to publish documents, such as the ratified agreement, that are referred to in the regulations. Clause 42 makes further provision about the regulations that can be made under the powers in this chapter. These provisions are non-controversial, and they include the option for regulations to confer discretion on a person. That may be needed, for example, to give the chair of the body discretion to deal with a matter during the negotiation process or to give a third party discretion to resolve a dispute in accordance with the regulations under clause 34. Subsections (2) and (3) provide that ratification regulations will be subject to the negative resolution procedure, and any other regulations made under this chapter will be subject to the affirmative resolution procedure. That is because ratification relates to an agreement that has been reached by the negotiating body and assessed by the Secretary of State as being appropriate for ratification, and it would not be necessary to subject the ratification regulations to detailed parliamentary scrutiny. Clause 43 simply allows regulations to provide that any actions or agreement by the body would not constitute collective bargaining or a collective agreement as defined in the Trade Union and Labour Relations (Consolidation) Act 1992. The Government have taken that approach because these clauses, and the regulations made under them, will create a new, separate legal framework under which fair pay agreements in the adult social care sector will be negotiated. For example, the clauses provide for a fair pay agreement to apply across the entire sector and to be legally binding when it is ratified in regulations. That goes further than the 1992 Act, which sets different requirements for collective agreements to be legally binding and envisages that collective bargaining will be on a much smaller scale between one or more recognised trade unions and one or more employers or employer associations. The Government’s intention is very much for the negotiating body’s activities to be a form of collective bargaining, as a concept. It is simply that we cannot have two different legal frameworks to the same process. Clause 44 is uncontroversial. It simply provides definitions for the terms used in this chapter and ensures that the definition of worker’s contract can cover agency workers who might not have a contract with their agent or the person they have been supplied to work for. That ensures that an agreement can be ratified for agency workers who do not have a contract with the agent or principal. The clause clarifies that references to a ratified agreement may also include references to parts of an agreement that have been ratified. I am confident of the Government’s ability to deliver this flagship policy, supported by the Health Foundation, which indicated the strong case for improving pay and conditions in the social care sector in its written evidence to the Committee. Indeed, the same thing was noted in much of the evidence that we have heard in support of these measures. I commend clauses 29 to 44 to the Committee.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  The shadow Minister’s comments are noted, and I commend the amendments to the Committee. Amendment 65 agreed to. Amendments made: 66, in schedule 3, page 116, line 8, leave out “education”. See the explanatory statement for amendment 65. Amendment 67, in schedule 3, page 116, line 10, leave out “education”. See the explanatory statement for amendment 65. Amendment 68, in schedule 3, page 116, line 13, leave out from “employment” to end of line 14 and insert “which— (i) provides for the person to work wholly at one or more Academies, or (ii) provides for the person to carry out work of a prescribed description for the purposes of one or more Academies.” This amendment extends the definition of “school support staff” in new Part 8A of the Education Act 2002 to include people who do not work at an Academy but are employed by the proprietor of an Academy to carry out particular kinds of work (to be specified in regulations) for the purposes of one or more Academies. Amendment 69, in schedule 3, page 123, line 31, leave out “education”. See the explanatory statement for amendment 65. Amendment 70, in schedule 3, page 123, line 33, leave out “education”. See the explanatory statement for amendment 65. Amendment 71, in schedule 3, page 124, line 13, leave out “education”.— (Justin Madders.) See the explanatory statement for amendment 65.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  I beg to move amendment 65, in schedule 3, page 116, line 6, leave out “education”. This amendment, and amendments 66, 67, 69, 70 and 71, make a minor drafting correction.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  As the Committee has discussed, clause 28 introduces schedule 3, which provides for the establishment, remit and functioning of the school support staff negotiating body. Paragraph 1 of schedule 3 will insert into the Education Act 2002 a new part 8A, which contains proposed new sections 148A to 148R. New section 148A will reinstate the SSSNB as an unincorporated body. Reinstating the SSSNB will give school support staff the voice and recognition that they deserve as a crucial part of the school workforce. It will help to address the recruitment and retention challenges facing schools and will drive standards in schools to ensure that we give every child the best possible chance in life. New section 148B sets out the remit of the SSSNB for remuneration, terms and conditions of employment, training and career progression of school support staff, and the powers of the Secretary of State to define what is or is not to be treated as falling within those categories within the regulations. This ensures clarity over the remit of the SSSNB and what can and cannot be referred to it by the Secretary of State. The remit will lead to a national terms and conditions handbook, fair pay rates and clearer training and career progression routes for school support staff in England. New section 148C defines school support staff in relation to who they are employed by and their role. Support staff are defined as all staff, other than qualified teachers, who are employed by local authorities, governing bodies and academy trusts to work wholly at schools in England. The 2009 SSSNB included only those support staff employed by local authorities and governing bodies to work in maintained schools within its scope. Support staff employed by academy trusts are now included in the SSSNB’s remit, despite the shadow Minister’s attempts to persuade us otherwise. It is crucial that the body have a remit for all state-funded schools in England to achieve greater national consistency, irrespective of the type of school in which support staff work. Roughly half of the 24,453 schools in England are now academies, compared with approximately 200 in 2009 when the body was previously established. New section 148B gives the Secretary of State a power to prescribe in regulations those who will not fall within the SSSNB’s remit. Amendment 68 will allow the Secretary of State to include, through secondary legislation, those who do not work wholly at academies within the SSSNB’s remit, by reference to the type of work that they do. The Department currently holds limited information about the roles in which support staff are employed in academies or the terms and conditions under which they work. It intends to consult on which roles should and should not be within scope of these provisions. These powers will provide the necessary flexibility to respond to that consultation and amend the remit of the SSSNB as necessary. New section 148D sets out the power of the Secretary of State to refer matters to the SSSNB that are within its remit, namely those matters relating to remuneration, terms and conditions of employment and training and career progression of school support staff. Referrals by the Secretary of State to the negotiating body will mean that those representing employers and employees can agree and advise on suitable outcomes for school support staff within the parameters set out by the Secretary of State in relation to wider Government priorities and context. New sections 148E and 148F set out the powers of the Secretary of State when referring matters relating to remuneration, terms and conditions of employment and training and career progression to the SSSNB. The Secretary of State may specify factors that the SSSNB must consider and a timescale for their consideration. The new sections set out the steps that the SSSNB must take, depending on whether it has or has not reached agreement on matters relating to terms and conditions. Where the Secretary of State refers a matter relating to the training and career progression of school support staff to the SSSNB, the SSSNB is required to provide a report on the matter to the Secretary of State, rather than reaching agreement. New section 148G will give the SSSNB the power to consider matters within its remit that have not been referred to it, with the Secretary of State’s agreement. This will give the SSSNB the ability to raise alternative matters that it wishes to negotiate or advise on. Agreement from the Secretary of State is required from the outset to ensure that no work is undertaken on a matter that could be considered to be outside the SSSNB’s remit. It will also ensure that the body has sufficient capacity to consider referred matters within the required timescale, alongside any additional matters that the SSSNB wishes to consider. New section 148H sets out the Secretary of State’s powers in relation to agreements submitted by the SSSNB. The Secretary of State may ratify an agreement in secondary legislation in full or in part—if in part, the part not ratified falls away—or refer the agreement back to the SSSNB to reconsider it under new section 148I. This power is necessary to ensure that any agreements are practicable—for example, that they are affordable—before being incorporated into contracts. The ability for the Secretary of State to ratify agreements in part is a pragmatic approach to allow matters with agreement to progress and to avoid delays if there is an element of an agreement that the Secretary of State is not content to agree. New section 148I sets out what happens where the Secretary of State refers a matter back to the body for reconsideration. The Secretary of State may specify factors to which the body must have regard in reconsidering the agreement and by when it must revert. New section 148J will apply where the SSSNB has submitted an agreement to the Secretary of State after reconsideration. The Secretary of State has powers to ratify the agreement in full or in part in regulations; to refer the agreement back to the SSSNB for reconsideration; to make regulations requiring prescribed people to have regard to the agreement in exercising prescribed functions; or to make regulations that make alternative provision in relation to the same matter. The new section gives the Secretary of State a range of powers to determine the best course of action based on the agreements from the SSSNB to ensure that the desired outcomes for school support staff are met and are practicable. New section 148K sets out the process if an agreement cannot be reached by the SSSNB on a matter relating to school support staff remuneration and terms and conditions referred to it by the Secretary of State. The Secretary of State may specify a later date by which agreement must be reached or may make regulations in relation to the matter referred to the SSSNB if there is an urgent need to do so, but the Secretary of State must consult the SSSNB before making those regulations. This will ensure that the Secretary of State is able to regulate as necessary in the event that agreement cannot be reached, for instance on a pay award for school support staff. New section 148L sets out the Secretary of State’s powers if the SSSNB fails to submit a report on a matter relating to the training and career progression of school support staff by the deadline set by the Secretary of State. The Secretary of State can specify a later date for the SSSNB to report or issue guidance on the matter. This ensures that the Secretary of State can still issue guidance on training and career progression to support recruitment and retention in the absence of a report from the body. New section 148M sets out the effect of regulations made by the Secretary of State that ratify agreements reached by the SSSNB in full or in part. The terms of the agreement are imposed in a person’s contract of employment so that a member of school support staff must be paid and treated in accordance with those conditions. Any inconsistent terms in contracts of employment or academy funding agreements have no effect. That allows the Secretary of State to make changes to the pay and terms and conditions of school support staff as agreed by the SSSNB, in order to ensure fairer pay rates and greater national consistency, boost recruitment and retention in those roles, and drive improved standards in schools. New section 148N sets out the effect of regulations made by the Secretary of State where she decides not to ratify agreements reached by the SSSNB or where the SSSNB fails to reach agreement on a matter. Where the Secretary of State decides to make regulations imposing terms and conditions into school support staff contracts, for example because there is an urgent need to make changes to terms and conditions and the SSSNB has failed to reach agreement on them, school support staff must be paid and treated in accordance with those terms and conditions. It is important that the Secretary of State has the ability to legislate to provide fair terms and conditions for school support staff in the event that the SSSNB fails to reach an agreement. New section 148O will allow regulations made under part 8A to have retrospective effect, subject to their not subjecting anyone to a detriment in respect of a period that falls before the date on which the regulations are made. This will allow the Secretary of State to backdate pay awards agreed after the start of an annual pay period to ensure that school support staff may benefit from them for the entirety of the period. New section 148P sets out how and when the Secretary of State and the SSSNB can issue guidance on matters within the SSSNB’s remit. The SSSNB, with the Secretary of State’s approval, can issue guidance on pay and terms and conditions, as can the Secretary of State. Only the Secretary of State can issue guidance on training and career progression. Local authorities, governing bodies and academy trusts are required to have regard to guidance issued. This will allow the Secretary of State and the SSSNB to support employers in the implementation of new terms and conditions and the promotion of training and career progression opportunities for school support staff. New section 148Q will provide a carve-out for the SSSNB framework from the collective bargaining provisions in the Trade Union and Labour Relations (Consolidation) Act 1992. The new section is necessary to ensure that agreements reached by the SSSNB can be imposed in contracts only through ratification by the Secretary of State. Paragraph 2 of schedule 3 will insert a new schedule 12A into the Education Act 2002. New schedule 12A includes provision for the SSSNB to be constituted in accordance with arrangements made by the Secretary of State. School support staff and employer representative organisations on the SSSNB will be set out in secondary legislation; the Secretary of State will be required to consult the TUC before prescribing which organisations represent school support staff. The membership of the SSSNB will include support staff, employee and employer representatives, an independent chair and a representative of the Secretary of State. It may also include members who do not represent school support staff or their employers. However, only school support staff and employer representatives will have voting rights. The new schedule also provides for administrative support to be provided to the SSSNB, including for the Secretary of State to pay expenses for the chair and for administrative costs incurred by the SSSNB. The SSSNB is required to provide a report for each 12-month period. I commend schedule 3, as amended, to the Committee.

• 17 Dec 2024 · Employment Rights Bill (Fourteenth sitting) · Hansard source

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  Amendments 66 and 67, and 69 to 71, make minor drafting corrections to the clauses to remove the word “education” when referring to local authorities. This is necessary because of an error in terminology used in the Bill on introduction. I will also speak to amendment 68. We know that academy trusts use a range of innovative practices to support staff in a range of roles. The sector and the workforce have evolved since the previous negotiating body for school support staff existed in 2009. That is why we intend to consult on the definition of support staff in scope and appropriate protections for staff in transitioning to the new arrangements. The consultation may bring to our attention staff in academy trusts who are not captured by the existing definition of support staff, working wholly at one or more academies, but who we think should be. Having the ability to broaden the scope, as well as to exclude staff types in secondary legislation, would give us more flexibility to respond to the consultation.