Justin Madders MP: speeches

Speeches

• 1 Jul 2025 · Parental Leave Review · Hansard source

  More

  I take it that the shadow Minister is not in support of the review. May I correct him on a few points? Of course it is not a coincidence that this is being announced today; our manifesto was clear that we would launch the review within one year of taking office, and, of course, this week we do celebrate that astounding election victory. On his point about statutory paternity pay, it is £187.18. We know from representations that we have already received that many do not think that that is the right level. He mentioned how Tony Blair and Gordon Brown refused to open this box, but it was their Government who gave us the right to statutory paternity pay and a number of other family-friendly rights, of which the shadow Minister himself has taken advantage. I think we know where the Conservative party stands on these issues when their leader says that maternity pay has gone too far. I do not quite know what she meant by that, but I think it means that the Conservatives would be rolling back some of the well-earned gains in family-friendly policies. The shadow Minister, as I would expect, does not miss an opportunity to mention the Employment Rights Bill. May I suggest that he has a word with his shadow Secretary of State who clearly has not read it? I refer to his recent open letter to businesses in which he mentioned a number of issues with the Bill. First, he complained that we are creating the fair work agency, conveniently forgetting that in both the 2017 and 2019 Conservative party manifestos, there was a similar pledge to create a single enforcement body. He referred to an introductory measure on electronic industrial action balloting. The Conservatives, of course, will be big fans of electronic voting given the number of leadership elections in which they have taken part in recent years. The shadow Minister needs to inform his shadow Secretary of State that that is not in the Bill. I do not know where he thinks that has come from. We are going to introduce electronic balloting, but it is not in the Employment Rights Bill, because we already have existing powers to implement it. In that open letter, the shadow Secretary of State mentions, most curiously, that the Bill will include “a trade union ‘right to roam’”. I do not know if he was searching for a new mobile phone contract at the time, but no such right exists. The shadow Minister talked about the effects on appointments, but he needs to keep up to date: the latest Lloyds business barometer says that business confidence is now at a nine-year high and that 60% of firms expect higher staffing levels in the next year. That is a sign that this Government are getting things done.

• 1 Jul 2025 · Parental Leave Review · Hansard source

  More

  With permission, I will make a statement on the Government’s manifesto commitment to review the system of entitlements to parental leave. This Government are dedicated to delivering more for working families, and our plan to make work pay is central to achieving that, with the mission to grow the economy, raise living standards across the country and create opportunities for all. It will help people to stay in work, improve job security and boost living standards, which includes helping working parents and supporting them to balance their work and home lives. Parental leave and pay entitlements play a key role in that. We know that the arrival of a child, whether through birth or adoption, is a transformative time in a family’s life. We also know that the current parental leave system does not support modern, diverse working families as well as it could. Parents’ groups and campaigners have long argued that our paternity leave is too short and compares poorly with other countries. While shared parental leave is available to families where fathers and partners want to take a longer period of leave, evidence shows that take-up is very low, with the parental rights survey reporting that 1% of mothers and 4% of fathers use this entitlement. The survey also showed that 35% of fathers do not take paternity leave for financial reasons. We are committed to improving the parental leave system and are already taking action. Improving the system will have the added benefit of increasing workforce participation by helping employers to fill vacancies and will contribute to increased productivity, benefiting the economy. The Employment Rights Bill is one vehicle through which we are improving the parental leave system. The Bill makes paternity leave and parental leave day one rights, meaning that employees will be eligible to give notice of their intent to take leave from their first day of employment. It contains a number of other measures that will improve the support that working families receive. It will put in place legislation that makes it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who come back to work for a six-month period after they return, except in specific circumstances. It will also make flexible working the default, except where it is not reasonably feasible, and requires that all large employers produce action plans that contribute to closing the gender pay gap. I am pleased to announce that the Government are going further and taking another step forward in delivering improvements for working families. I am pleased to launch the parental leave review today, fulfilling our commitment in the plan to make work pay to review the parental leave system to ensure that it best supports working families. The review is part of delivering the plan for change, and links two of the Government’s missions: kick-starting economic growth and breaking down barriers to opportunity. The work of the review will support the Government’s commitments to raise living standards and give children the best start in life, and links to work being undertaken to alleviate child poverty. It presents a much-needed opportunity to consider our approach to the system of parental leave and pay, giving due consideration to balancing costs and benefits to both businesses and the Exchequer. I welcome the opportunity today to provide the House with more detail on the review. The review will be co-led by the Department for Business and Trade and the Department for Work and Pensions, the two Departments with the main responsibility for the current parental leave framework. There will, however, be close working across Government to deliver this review to reflect the wide influence the parental leave system has on policies in other Departments. The current system has grown up gradually over time. The first maternity arrangements were set out in the Factory and Workshop Act 1891, which introduced the idea that women who work in factories cannot work for four weeks after giving birth. Subsequent entitlements have been added to support specific groups as needs have emerged, which has created a framework that does not always work cohesively as a whole. This piecemeal approach to parental leave and pay means that the system has never had an overarching set of objectives that it should deliver. This review presents an opportunity to reset our approach to and understanding of parental leave and pay, and what we want the system to achieve. We will use the review to establish what Britain needs from a parental leave and pay system to support our modern economy and deliver improvements for working families. We have set out four objectives as our starting point, which we intend to test as we progress the review to ensure we are truly reflecting the needs of the nation. Our first objective is to support the physical and mental health of women during pregnancy and after giving birth to a child. Our second objective is to support economic growth by enabling more parents to stay in work and advance in their careers after starting a family. This will focus on improving both women’s labour market outcomes and tackling the gender pay gap. Our third objective is to ensure that there are sufficient resources and time away from work to support new and expectant parents’ wellbeing. This will include facilitating the best start in life for babies and young children, and supporting health and development outcomes. Our fourth objective is to support parents to make balanced childcare choices that work for their family situation, including enabling co-parenting, and providing flexibility to reflect the realities of modern work and childcare needs. Three cross-cutting considerations will also be factored into our review. The first is to build a fair parental leave system between parents within a family, different types of parents and parents with different employment statuses. The second consideration is to balance costs and benefits to businesses and the Exchequer, as well as to examine how the system can support economic opportunities for businesses and families. As part of this, the review will consider opportunities to make the process surrounding parental leave simpler for both businesses and parents. The final cross-cutting consideration focuses on improving our society—for example, by supporting the child poverty strategy, and by shifting social and gender norms, including around paternal childcare. All current and upcoming parental leave and pay entitlements will be in the scope of the review. This will enable us to consider how the parental leave and pay system should operate as a complete system to improve the support available for working families. This broad scope means that the review will consider the individual existing entitlements, and how best to ensure improvements can be delivered for working families, as well as related wider issues and themes. For example, the review will consider whether the support available meets the needs of other working families who do not qualify for existing statutory leave and pay entitlements, such as kinship carers and self-employed parents. It will also consider how the pay system works more broadly. This will be an evidence-based review that reflects and considers the perspectives and experiences of those who engage with the parental leave and pay system. We welcome views from, and intend to engage constructively with, a wide range of external stakeholders, including groups such as trade unions that represent both parents and families, and employers or employer representatives. There will be opportunities for stakeholders to contribute views and expertise throughout the review, including through a call for evidence, which launches today. This call for evidence seeks initial evidence specifically in relation to the objectives that will set the foundation for what we want our system to deliver. The review launches today. We expect it to run for a period of 18 months. The Government will conclude the review with a set of findings and a road map, including next steps for taking any potential reforms forward to implementation. This is an important step forward to ensure that our workplaces are fit for the 21st century, and I commend this statement to the House.

• 1 Jul 2025 · Parental Leave Review · Hansard source

  More

  My hon. Friend certainly knows how to get me to attend a constituency—with the offer of a pint—and I look forward to taking him up on that. He has raised an important point about medical issues. Obviously, there have been some recent changes in neonatal leave and care, which is a huge step forward, but we ought to discuss pre-delivery issues further, so I look forward to having that pint and that conversation.

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

  More

  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.

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

  More

  Members on this side of the Committee always enjoy our clause 4 moments. Clause 4 is an essential part of the Bill, and it is informed by the lessons of the covid-19 pandemic. The then Government had to act quickly during that emergency to ensure the supply of critical products such as personal protective equipment. However, the regulatory easement was made under sections 45C, 45F and 45P of the Public Health (Control of Disease) Act 1984 as no alternative powers were available through the product safety framework. Clause 4 therefore fills the gap by providing a mechanism to disapply or modify product regulations in a controlled manner for future emergencies, including emergencies that go beyond public health. In practice, the clause will allow the supply and fair distribution of critical goods in short supply during a national emergency, while ensuring greater co-ordination of market surveillance and enforcement activities during these periods. The Government have also produced a code of conduct on product safety to support the use of powers under the Bill. The code outlines the Government’s proposals for how the emergency powers will work. To summarise a few key points, the code outlines that a derogation will be made available only if there is a serious risk of harm to people, businesses or the environment, and if it is in compliance with the UK’s international obligations. A derogation will be granted only for products deemed critical for the emergency response where demand exceeds supply. In times of emergency, the Government may temporarily reduce or modify requirements for a product to meet essential health and safety requirements for use in certain settings, provided the market surveillance authority is satisfied with the product’s safety and traceability. For example, in the hypothetical scenario of a national power outage, demand for essential consumer products such as gas stoves, torches or batteries could surge rapidly. If compliant products are in short supply, the Government could use clause 4 to allow UK manufacturers or importers to supply these products, where they meet essential safety standards or other internationally recognised standards, while awaiting UKCA certification. In such circumstances, the market surveillance authority must also be satisfied that the product still meets acceptable safety standards and can be effectively traced through distribution. This may involve reviewing safety data, in-house test reports or batch numbers and distribution records for traceability. To be clear, and as Members will expect me to say, the Government will use clause 4 only in emergency situations. Depending on the nature of the emergency, the Government will decide how products can best be fast-tracked on to the market and, where appropriate, implement conditions through secondary legislation for pre-market assessments, consumer protections and time limits. We have also committed to developing a clear framework for how clause 4 will operate in practice, in consultation with stakeholders. This will be developed and delivered through the Office for Product Safety and Standards, and it will be published in due course. It is also important to highlight that the power is not a carte blanche for bypassing product safety regulation, but rather a targeted response to emergencies. The clause will ensure that, while we speed up the process, essential safety standards are maintained through proportionate measures. Crucially, the exercise of clause 4 will be subject to the draft affirmative legislative procedure, ensuring that any regulatory changes made under the clause are subject to scrutiny by both Houses before coming into force. In conclusion, clause 4 is a necessary response to ensure that, in future emergencies, the Government can react swiftly to guarantee the supply of critical products while maintaining safety standards. I therefore commend it to the Committee.

• 2 Apr 2025 · Non-disclosure Agreements · Hansard source

  More

  My hon. Friend highlights some of the limitations of the whistleblowing Act, in terms of what qualifies as a protected disclosure. As I have commented previously, that legislation needs to be looked at again. The hon. Member for Newton Abbot (Martin Wrigley) talked about the widespread use of NDAs in the NHS. That highlights that there is no sector of the economy in which such agreements are not in use. The hon. Member for Mid Buckinghamshire (Greg Smith) talked about the use of NDAs in Government Departments. I will make inquiries about that and get back to him, and I will pass on the comments of the hon. Member for Newton Abbot to the Department of Health and Social Care. My hon. Friend the Member for Luton North, Chair of the Women and Equalities Committee, gave an informative and well researched speech, as always. She was right that this is not just about protecting victims; there is a wider issue relating to the growth agenda. These issues are debilitating and damaging for victims and can have an impact on their ability to return to work. She made the important point that it is nearly always the victim who has to leave their employment and move on. As we have heard, they do not always have a clear explanation to give prospective employers about why they have had to leave. It is usually the man, who is often in a position of greater power, who stays in work, and sometimes advances off the back of the claim. That relates to the culture in organisations: victims are not protected and perpetrators are often supported because they are seen to be in a more powerful position in the workplace. My hon. Friend also made an important point about protecting self-employed people and contractors in particular industries. We will need to consider that further. On the current legislation being passed, we are pressing ahead with plans to commence the provisions relevant to NDAs in the Victims and Prisoners Act 2024 and the Higher Education (Freedom of Speech) Act 2023, as a number of hon. Members, including my right hon. Friend the Member for Sheffield Heeley, mentioned. When commenced, section 17 of the Victims and Prisoners Act will ensure that clauses in NDAs cannot be legally enforced where they seek to prevent victims of crime from reporting a crime, co-operating with regulators or accessing confidential advice and support. It will provide that clauses in NDAs that seek to prevent disclosures that are necessary to access confidential advice and support needed to cope with and recover from the impact of crime are unenforceable. The Liberal Democrat spokesperson, the hon. Member for Eastbourne, talked about a new mother’s experiences of discrimination and the consequences of that. The Employment Rights Bill will provide a new baseline of protection, enhanced dismissal protections for pregnant women and mothers, extra requirements to take all reasonable steps to prevent sexual harassment—something that has been a matter of considerable debate—and protection of workers against third-party harassment. It will also make it clear that the disclosure of information can be a protected disclosure. We think all those things will improve the workplace experience, but I hear the calls to go further. We know that there are calls to roll out the approach in higher education to the whole economy. My right hon. Friend the Member for Sheffield Heeley provided a clear example of how the provisions in the Employment Rights Bill will not apply to an outsourced worker working in higher education. The legislation has not yet been enacted, but the Government intend to press on with it shortly. I share concerns that something needs to be done, but the changes that have been proposed through amendments to the Employment Rights Bill would need a significant amount of engagement with workers, employers and stakeholders, as well as an assessment of the impact on sectors and across the economy. This is a complex area of policy, as we have heard today, and it is important to take a balanced approach to make sure that we reach the right end point. There are different views and opinions. There are organisations and hon. Members calling for a ban on NDAs in specific circumstances. Some advocate for a greater say for victims in when they can be legitimately used. Others warn about unintended consequences for victims who are looking to settle a claim to avoid the stress of litigation.

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

  More

  With the leave of the House, Madam Deputy Speaker, I will begin by addressing the many contributions that were made to what I think was, overall, a very positive debate. I welcome the support of the Liberal Democrats, and also welcome the hon. Member for Chippenham (Sarah Gibson) to the Chamber: it is good to see her back in her place. She made some important points about the social care sector. We know that the abuse of travel time reimbursement is a huge issue. The Low Pay Commission is keen to look into it, and I am sure that once the fair work agency is up and running, it will focus on it as well. The hon. Lady’s colleague, the hon. Member for Honiton and Sidmouth (Richard Foord), also talked about the importance of that sector. Our impact assessment has established that about one in five social care workers will receive a direct pay rise as a result of the increases announced today. As would be expected, before making its recommendations the Low Commission has consulted widely with, among others, representatives of social care workers. We believe that they have been undervalued for far too long, which is why we are introducing the first ever fair pay agreement in the adult social care sector so that care professionals are recognised and rewarded for the important work that they do. While I appreciate the hon. Member’s wish for a separate rate for care workers, we think we are taking the right measures to recognise and value them. The operation of different rates brings a range of challenges relating to enforcement and to clarity for employers, which we think is important. There were, I have to say, a number of excellent speeches from the Labour Benches. My hon. Friend the Member for Earley and Woodley (Yuan Yang) made the positive economic case and referred to the wealth of evidence in support of increases in the minimum wage. On the Labour Benches, we passionately believe that increased protections at work and increases in the minimum wage are good not just for individuals but for the wider economy. She mentioned the many young people in her constituency who will benefit from the moves to parity for the 18 to 20 age band with the adult rate. My hon. Friend the Member for Ealing Southall (Deirdre Costigan) has great knowledge and experience in this area. She said that this is the beginning of the journey. That is right. We recognise that it will take time to achieve our ambitions for the Low Pay Commission for the people in this country, but it is a journey we are determined to finish. My hon. Friend the Member for Blaydon and Consett (Liz Twist) took us back into the depths of history. I must declare that I am one of those who can remember what it was like before the minimum wage. When I tell my children how much I used to earn in my first jobs, they cannot believe it. But it was true: that is what the world was like before the minimum wage. She also reminded us of the doom-laden warnings we got from the Conservative Opposition at the time. We heard a small echo of that tonight, but I think history has proved that those warnings were wrong. My hon. Friend the Member for Doncaster Central (Sally Jameson) spoke passionately about the issues with in-work poverty, which is one of the key things that we must change in this country. For too long, people have not had work pay for them. Earnings have not kept up with the cost of living and that is one of the reasons why the Low Pay Commission’s remit has changed.

• 18 Mar 2025 · St Patrick’s Day: UK Bank Holiday · Hansard source

  More

  I join my hon. Friend in congratulating the Duffys on operating those pubs. I wonder whether he will be visiting them shortly to remind them of the good publicity he has given to a local business in his constituency. Turning to the nub of the hon. Member for Strangford’s speech, St Patrick’s day is of course already a bank holiday in Northern Ireland, providing its people with the opportunity to mark that important cultural and religious occasion. The Banking and Financial Dealings Act 1971 specifies which days in each year are bank holidays, and contains provisions for appointing additional or substitute days. That Act designates 17 March as a bank holiday in Northern Ireland. The decision to create an additional bank holiday in Northern Ireland for St Patrick’s day was taken against the backdrop of Northern Ireland’s economic, social, cultural and legal systems. The current pattern of bank holidays is well established, and I am afraid that the Government do not have any plans to extend the St Patrick’s day bank holiday to other parts of the UK. Bank holidays are devolved to the Scottish Government, so Scottish Ministers are responsible for decisions about bank holidays in Scotland. I will therefore speak about the merits of a St Patrick’s day bank holiday in Wales and England only. An additional bank holiday in England and Wales for St Patrick’s day would benefit those who celebrate it, including members of the Irish diaspora in the UK. Certain sectors of the economy, such as pubs and restaurants, might also benefit from increased expenditure on a bank holiday. It is a significant tourism draw to Northern Ireland, too, so I would expect that extending the bank holiday would draw more visitors from England and Wales over there. However, the overall cost to the economy of an additional bank holiday is considerable. The latest analysis estimates that the costs to the UK economy of a one-off bank holiday is around £2 billion. That estimate is derived from the impact assessment for the platinum jubilee bank holiday weekend held in 2022. An additional bank holiday would also impact on public services. Bank holidays require the closure of schools, courts and tribunals. It may disrupt certain NHS services, such as routine operations. I also point out that there is no statutory right to time off for bank or public holidays specifically. Any right to time off or extra pay for working on a bank holiday depends on the terms of an employee’s contract of employment, and like other terms and conditions of employment, it is a matter for negotiation between employers and workers. Even if the St Patrick’s day bank holiday were extended to England and Wales, not all workers would be able to take it off. For example, many NHS and emergency service workers, many of whom we have already heard are from Ireland, might still be required to work. We regularly receive requests for bank holidays to mark various historical, cultural, religious and sporting events.

• 12 Mar 2025 · Employment Rights Bill · Hansard source

  More

  I refer to my entry in the Register of Members’ Financial Interests and declare my membership and financial interests in trade unions, as I have done throughout the passage of the Bill. I thank Members from both sides of the House for their contributions to yesterday’s debate. I look forward to another good debate today as we work together to ensure that the Bill works in practice for workers and businesses of all sizes across the whole country. Similarly to yesterday, I will use my opening remarks to explain to the House the amendments put forward by the Government in parts 4 and 5 of the Bill. The Government are moving a number of amendments that represent a significant step forward in modernising our industrial framework. Amendments to clause 50 will strengthen the provisions of trade union access rights. They will ensure that the framework functions effectively and delivers on our commitment to modernise working practices. They will streamline access provisions by allowing a single Central Arbitration Committee member to make a fast-track decision on whether access should take place. In making a decision about whether it is a single person or a panel that will consider the application, the CAC will be required to have regard to the complexity of the case, as well as whether the proposed terms of the agreement are model terms. Various criteria will be prescribed in secondary legislation following consultation. The amendments will also clarify that supporting a worker is a legitimate purpose for access, and they will provide a power to bring forward secondary legislation to make further provision as to how the CAC is to determine the level of penalty fines for non-compliance with access agreements. They will expand access rights, enabling access agreements to cover communicating with workers in ways that do not involve entering premises—for example, connecting digitally using technology—therefore modernising our antiquated industrial relations framework. New clause 39, new schedule 2 and associated amendments insert new provisions into the Bill, replacing clause 51, and will address unfair practices and access arrangements in the recognition and derecognition process. The amendments will extend the application of unfair practice protections to the point at which the CAC accepts an application for recognition or derecognition, and will ensure that employers cannot increase the size of the bargaining unit for the purposes of the recognition application after the application is made. That will end the deliberate gaming of the system that we have seen in recent years. The amendments will also delete the second test for determining an unfair practice complaint, which currently requires the CAC to consider how an alleged unfair practice may have affected workers’ votes in the recognition, or derecognition, ballots. They will extend the time limit in which unfair practices can be reported after the ballot closes to five working days. They will ensure that an employer cannot recognise a non-independent trade union after receiving a request for voluntary recognition from an independent trade union as a means of thwarting the independent trade union’s subsequent application to the CAC for statutory recognition. We will bring forward and formalise the process for agreeing access arrangements between the employer and the union during the recognition and derecognition process. These amendments will streamline the recognition process, reduce opportunities for unfair practices to occur, and ensure that unions that seek recognition have a fair and transparent statutory route to enable them to do so. Today’s amendments on industrial action rules will reduce the costly, complex and bureaucratic requirements on unions in relation to industrial action and ballot notices, while ensuring that employers have the necessary notice and information to prepare for industrial action. New clause 42 will simplify notice to employers of industrial action ballots and industrial action, reducing the chance of spurious challenge and making the information required more proportionate. New clause 43 will extend industrial action mandates from six to 12 months, reducing the need for repeated ballots. Amendments to clause 61 will mean that the notice period for industrial action will be set at 10 days, giving businesses time to prepare and safeguarding workers’ rights. Amendments to clause 58 will mean that the 50% ballot turnout threshold repeal will be subject to commencement on a date to be set in secondary legislation. Turning to political fund ballots, new clause 40 and associated amendments remove the requirement for unions to hold a ballot every 10 years on maintaining a political fund. Instead, unions will provide reminders about members’ right to opt out every 10 years, ensuring transparency without imposing costly and time-consuming ballots. The Bill will bring together the various agencies and enforcement bodies that enforce employment rights in the new Fair Work Agency, so that where employers are not doing what is right, a simplified and strengthened enforcement system will protect workers and ensure justice in the workplace. The Fair Work Agency needs the right tools to do the job. A series of amendments form a package that will give the Fair Work Agency the tools that it needs to hold all employers to account more effectively. That is fair for workers and businesses. The Government are moving amendments to introduce new powers that are key to the Fair Work Agency’s core enforcement role. New clauses 44 to 56 create a civil penalty regime. Under the regime, enforcement officers will be able to issue notices of underpayment, and impose a penalty on employers who have underpaid individuals, in breach of statutory pay rights that are within the remit of the Fair Work Agency. As a result, the agency may be able to help workers get the money they are owed more quickly than if they had to go through an employment tribunal. Where proceedings before the tribunal are necessary, we want the Fair Work Agency to be able to support individuals and ensure that the tribunal’s time is used as effectively as possible. New clause 57 does that by enabling the agency to bring proceedings before the employment tribunal if individuals are unwilling or unable to. Under clause 58, the agency can also offer advice and assistance to individuals bringing employment-related cases before the courts or tribunals. The Government are also moving amendments to upgrade the powers that the Fair Work Agency will need to tackle labour abuse effectively. The Bill Committee heard from stakeholders, including Eleanor Lyons, the UK Independent Anti-Slavery Commissioner, about bad practices in the social care sector. The Gangmasters and Labour Abuse Authority is prevented from investigating many cases because they do not meet the modern slavery threshold. The Fraud Act 2006 covers situations that amount to labour abuse but fall short of being modern slavery. Today we are bringing forward two amendments that will deliver the Government’s commitment to give the Fair Work Agency the strong powers that it needs to tackle labour exploitation. We will enable Fair Work Agency enforcement officers to use their powers to investigate such cases, helping the agency to protect the most vulnerable in the workforce. We will also give enforcement officers the ability to issue special warnings following arrests. In practice, that means telling suspects that if they refuse to answer questions about certain items or their whereabouts, that could be used against them in court.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

  More

  I would fully expect us to consult with all relevant parties, so I do not think my hon. Friend need have any worries in that respect. I pay tribute to two people who have been instrumental in shaping our thoughts on this issue: my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) and my right hon. Friend the Member for Birmingham Hodge Hill and Solihull North (Liam Byrne). They tabled amendments on employment status. It is important to say that we are taking action in respect of those who work for umbrella companies. We have been clear that some reforms in the plan to make work pay will take longer to undertake and implement. We see consulting on a simpler two-part framework as a longer-term goal, but I assure them both that I remain committed to that. I also hear what my hon. Friend the Member for Middlesbrough and Thornaby East says in relation to his concerns about fire and rehire. We will be looking very closely at how our reforms work in practice. New clause 17 seeks to create a legal definition of kinship care to be used to establish eligibility for kinship care leave. New clause 18 aims to establish a new kinship care leave entitlement for employed kinship carers, with a minimum of 52 weeks of leave available for eligible employees. I am pleased to say that the Government’s Children’s Wellbeing and Schools Bill will, for the first time, create a legal definition of kinship care for the purposes of specific measures in the Bill. By defining kinship care in law, the legislation will ensure that all local authorities have a clear and consistent understanding of what constitutes kinship care. I am also pleased to say that the Government have recently announced a £40 million package to trial a new kinship allowance. This is the single biggest investment made by this Government in kinship care to date and will enable children to be raised within their communities by their extended families. New clause 10—another Liberal Democrat new clause tabled by the hon. Member for Torbay (Steve Darling)—which we debated in Committee, would commit the Government to introducing an entitlement for employees with caring responsibilities to be paid their usual wage while taking carer’s leave. While we have stressed the Government’s commitment to supporting employed unpaid carers and I have been engaging with Ministers and relevant bodies on the matter, the Carer’s Leave Act 2023 only recently gave employed carers a new right to time off work to care for a dependant with a long-term care need, so we are reviewing this measure and considering whether further support is required. I recognise that many of their amendments and new clauses come from a good place, but the Liberal Democrats have to decide whether they are going to be Manchester United or Manchester City; their speeches were littered with concerns about the increase in costs from the Bill, yet every new clause and amendment seems only to add to those costs. I understand that they are coming from a good place, but they have to decide whether or not they support the Bill. I hope they can make that decision before tomorrow night. At least the Liberal Democrats are here, unlike the new kids on the block, who are absent from the Benches behind them—I pay tribute to them for actually turning up today. I will now address the points raised by the Opposition on harassment, as set out in amendments 288 and 289, in the name of the hon. Member for Arundel and South Downs (Andrew Griffith). Those amendments seek either to exclude the hospitality sector and sports venues from the Bill’s obligations for employers not to permit the harassment of their employees by third parties or to remove clause 18 altogether, thus depriving employees of protection from all types of harassment by third parties under the Equality Act. Let us be clear: this Government are committed to making workplaces and working conditions free from harassment, and we must therefore protect employees from third-party harassment. I want to underline two important points in relation to clause 18. First, on the expectations it places on employers, I would like to assure the House that employers cannot and are not expected to police or control every action of third parties; instead, employers simply need to do what is reasonable. What is reasonable will, of course, depend on the specific circumstances of the employer. Further, the steps that an employer can reasonably take in respect of the actions of third parties in its workplace are clearly more limited than the steps it can take in respect of its employees, and employment tribunals will, of course, take that into account when considering the facts of the case. The second point relates to the threshold for what constitutes harassment. Far too often, I have heard objections to clause 18 implying that employers will be liable if their staff are offended by comments made by third parties, which is not the case at all—a fact reflected, I think, by the Conservatives supporting a similar measure in the previous Parliament. In his opening remarks, the shadow Minister asked what evidence there was that this clause was needed. The NHS staff survey for 2023 revealed that a quarter of all staff had suffered harassment, bullying or abuse from patients or service users, while a Unite survey said that 56% of its members had suffered third-party harassment. Presumably that is why UKHospitality, in its written evidence to the Bill Committee, said that it supported the measures in principle. I will work with them to ensure that we protect everyone in the sector, because I believe that everyone who works in this country deserves protection from harassment. I think it is incredible that the Opposition cannot see a problem with arguing against that. I will turn to new clause 105 on substitution clauses, which was tabled by the hon. Member for West Suffolk (Nick Timothy). I think it is fair to say that we are aware of the risks. I have been working closely with the Minister for Border Security on illegal working by irregular migrants in the gig economy and the role that substitution clauses play in facilitating that. We will continue to work closely with the Home Office on this issue. The Opposition also tabled new clause 87, which seeks to require the Secretary of State to have regard to the UK’s international competitiveness and economic growth when making any regulations under parts 1 and 2 of the Bill. The Government are already laser-focused on this key objective. Our plan to make work pay is a pro-growth package and sets out an ambitious agenda to deliver our plan for change by ensuring that employment rights are fit for a modern economy, empower working people and contribute to economic growth. The plan will bring the UK back into line with our international competitors and directly address our low-growth, low-productivity and low-pay economy. [Interruption.] Conservative Members may be laughing, but they are the people who delivered that economy for so many years. International competitors and growth are at the heart of what we do. We will pay close attention to the potential impacts as we develop regulations to implement the measures in the Bill. On small business support, I remind Members that I had a meeting with representatives from Inkwell, who said that introducing these changes will help create a happy and productive workplace and create a level playing field for employers. That is exactly what we want to achieve with the Bill. We understand that the best businesses want to look after their staff and that treating them well is good for business, good for workers and good for the wider economy. The Opposition’s narrow view seems to be that anything that is good for workers is automatically bad for businesses. We absolutely reject that analysis. In conclusion, giving people a baseline of security and respect at work is fundamental. It is clear that we need a change from the system where people do not know what hours they will get from one week to the next, where people with caring responsibilities never get the same benefits of flexibility as their employers, where a minority of rogue employers can fire and rehire at will, and where care workers and teaching assistants have all been undervalued for far too long. It is time to end these injustices. It is time to make work pay.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

  More

  That was debated in detail in Committee. My understanding is that there will be a floor, but there will not be a ceiling. If I am wrong about that, I will come back to that. We absolutely think that a floor is needed given some of the issues with low pay in this country. Amendments to the adult social care negotiating body provisions will remove clause 42, thereby removing the power to make stand-alone enforcement provision in respect of the agreements reached by negotiating body. Enforcement of pay terms under agreements will instead be in the remit of the new Fair Work Agency under schedule 4.

• 11 Mar 2025 · Employment Rights Bill · Hansard source

  More

  There is the Co-op—quite a big business—Richer Sounds, Centrica and the British Chambers of Commerce. These are not bit-part players at all, are they? New clause 38 seeks to ensure that agency workers in the adult social care sector who do not have a “worker’s contract”, within the meaning of employment legislation, would nevertheless be able to bring a claim in the employment tribunals or in civil proceedings where a fair pay agreement has been breached. It does that by deeming a contract to exist for this purpose between the worker and the party that pays them. That will allow such workers to bring an unlawful deduction of wages claim or breach of contract claim for a breach of fair pay agreement terms. New clause 37 and associated amendments will enable the Scottish and Welsh Ministers to establish their own separate negotiating bodies and associated framework, and to enable their negotiating bodies and the resulting agreements to cover social care workers in both adult and children’s social care. Care policy, funding and commissioning is delivered together in both Wales and Scotland. In England, the two workforces, and therefore the policies and delivery, are distinct. As such, it is right for Scotland and Wales to have the powers to set up negotiating bodies that can provide for their systems and workforces as they are now. These amendments and associated consequential amendments will allow the devolved Ministers to exercise certain powers in this chapter of the Bill with the consent of the Secretary of State, ensuring that the Secretary of State retains oversight of regulations relating to the reserved matters of employment and industrial relations. Amendment 151 to clause 41 supplements the power to make regulations in relation to record keeping. It will enable those regulations to apply to section 49 of the National Minimum Wage Act 1998 in order to prevent employers from trying to contract out of their new record keeping obligations.

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

  More

  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.

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

  More

  I beg to move, That the draft Neonatal Care Leave and Miscellaneous Amendments Regulations 2025, which were laid before this House on 20 January, be approved.

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

  More

  I am delighted to move regulations under the Neonatal Care (Leave and Pay) Act 2023, which originated as a private Member’s Bill in the previous Parliament. I therefore pay tribute to Stuart McDonald, the former Member for Cumbernauld, Kilsyth and Kirkintilloch East, and Baroness Wyld for successfully steering the legislation through both Houses, so that it could secure Royal Assent in 2023. The Act established new statutory entitlements to neonatal care leave and neonatal care pay for employed parents if their child starts to receive neonatal care within 28 days of birth and goes on to spend seven or more continuous days in care. These regulations are another step towards implementing neonatal care leave and pay in April 2025, and they are the first to be brought before the House under the Act. There is currently no statutory entitlement to such rights for parents of children who require neonatal care. Parents in this difficult situation have had to rely on existing rights, such as maternity leave or annual leave, to be there to care for their baby and to support their partner. This approach has understandably caused additional stress for parents. Some mothers report that they had to leave work because they were not ready to return at the end of their maternity leave. As paternity leave is limited to two weeks, some fathers and partners have had to rely on statutory unpaid parental leave or the compassion of their employers to take time off work. Around 40,000 babies a year spend more than a week in neonatal care. Once provisions on neonatal care leave and pay come into force in April, we estimate that around 60,000 parents will be eligible, and that around 34,000 parents will take up paid leave each year. Neonatal care leave will enable eligible parents to take a minimum of one week’s leave and a maximum of 12 weeks’ leave, depending on how long their baby receives neonatal care, on top of their other parental leave entitlements. It will be a day one right for employees. Statutory neonatal care pay, like other family-related pay rights, will be available to employees who also meet continuity of service and minimum earnings tests. Eligible employees must have worked for their employer for at least 26 weeks, ending with the relevant week, and earn on average at least £125 a week before tax. If eligible, a parent will be able to claim a flat rate of £187.18 a week in 2025-26, or 90% of their average earnings, whichever amount is lower. Employers will administer the statutory payments on behalf of the Government. Small employers will be able to recover 103% of the statutory payment from the Exchequer, while larger employers can recover 92% of payments and will therefore incur wage-like costs equivalent to 8% of the statutory payments they make. This is a similar arrangement to that in place for other parental payments. Together, these regulations will provide protection and support for parents at an incredibly challenging time. These entitlements provide a floor, and employers can and should go further if they are able.

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

  More

  I thank all Members for participating in today’s debate—there have been some very thoughtful and moving contributions. I will start with my hon. Friend the Member for Thurrock (Jen Craft), who spoke movingly about Isla and her experiences in neonatal care. It was truly wonderful to hear that, having been given a 2% chance of survival, she recently celebrated her seventh birthday. That is a testament to the great work that many neonatal units do up and down the country, nurturing that very precious life and allowing it to flourish and grow. Of course, I would be happy to meet those from Isla’s Journey, but I will talk to my colleagues in the Department of Health and Social Care first about whether it might be more appropriate for them to conduct that meeting. I welcome the support from the Liberal Democrat spokesperson, the hon. Member for Torbay (Steve Darling). He spoke about the importance of parental attachment, something that we are beginning to understand is vital to a child’s development—the more we can do in that area, the better. I also understand the point that the hon. Member for Eastleigh (Liz Jarvis) made, and I recently visited the Countess of Chester, which is building a new children and mother unit. That is absolutely fantastic to see, and clearly, we want to build on investment in this area over coming years. I felt that the shadow Minister, the hon. Member for Mid Buckinghamshire (Greg Smith) was a little churlish in his support for these regulations. I do not understand the criticism on the basis that these measures were in the Conservatives’ 2019 manifesto, since they did not actually implement them. Given that their Government undertook a consultation six years ago, criticising us for bringing these regulations forward within six months seems a little rich. Of course, the shadow Minister is already blaming the Employment Rights Bill before it is passed for any rise in unemployment. It is completely nonsensical to argue that legislation that is unlikely to be enacted until next year could be responsible for job losses now. It is the kind of talk that we heard when the minimum wage was introduced—it was wrong then, and it is wrong now. To address the shadow Minister’s point about why this day one right is not in line with pay, that is consistent with all other parental leave entitlements. Pay comes in after 26 weeks, because a baseline of information about a person’s pay is needed in order to implement such a right. In conclusion, it is welcome to see support for these measures across the House. The first few weeks after a baby is born are precious, and for a child in neonatal care, that time is even more important. As we have heard, the lack of options for parents who find themselves in that truly challenging situation serves only to worsen what, for many parents, is the most traumatic period of their lives. We hope that giving parents the additional rights and flexibility they need through these regulations will provide some much-needed support, reassurance and stability. Parents dealing with a very ill newborn should not have to worry about whether they can get the time off work that they need, or indeed whether they will have a job to go back to at all. As a nation, we can all understand that, and of course the best employers do these things already. However, by legislating, we send a clear message that all parents in that situation—according to some estimates, there could be up to 60,000—will be able to put all their focus on their child, which is as it should be. On that note, I commend these regulations to the House. Question put and agreed to.

• 3 Feb 2025 · Career Breaks: Parents of Seriously Ill Children · Hansard source

  More

  It is a pleasure to see you in the Chair, Ms Vaz. I congratulate the hon. Member for Keighley and Ilkley (Robbie Moore) on securing today’s debate, and on the thoughtful way in which he presented the issues. I thank Christina Harris, who started the petition and did an incredible job in getting 100,000 signatures. We have all now heard the story of why she had to stop work to care for Skye. It is great to see both of them in the Gallery, and it was good to hear the positive news about Skye’s condition. As we heard, 19 years with an employer was not rewarded with the loyalty that she had shown that company. Obviously we cannot rewrite history, but we can discuss what support is available and what we might be able to do in the future. We all understand the unimaginable difficulty of having a seriously ill child and all the consequences that come with it. Hon. Members have spoken well about the difficulties that families face in those situations—the contributions have been heartfelt and serious. The hon. Member for Keighley and Ilkley said that work is about more than just money—my hon. Friend the Member for Sittingbourne and Sheppey (Kevin McKenna) also mentioned that in his intervention. That is absolutely right. There are benefits to working that go beyond simply financial reward, although of course we do not want to underplay that. The hon. Member for Keighley and Ilkley also talked about the anxiety that having a seriously ill child can bring. Clearly, nobody wants to add to that anxiety with uncertainty about employment prospects. The right hon. Member for Rayleigh and Wickford (Mr Francois) spoke eloquently, as the constituency Member for Christina, about the campaign that she has run. He also highlighted some interesting survey results, which encouragingly indicated that a majority of employers do the right thing, but also that, unfortunately, a sizeable minority do not. I thank the hon. Member for South Antrim (Robin Swann), who spoke powerfully about his own personal experiences. He set out the emotional challenges for not just the individual in the employment relationship but the whole family when a child is seriously ill. I am grateful to him for highlighting the work of the charity sector, which supports so many families in this difficult situation. Of course, he was right that, in an ideal world, we would not want people to have to rely on charity in these difficult situations. The Liberal Democrat spokesperson, the hon. Member for Wokingham (Clive Jones), spoke about the financial impact of this issue and the delays in the benefits system. I will certainly pass on his comments to the Department for Work and Pensions. The Opposition spokesperson, the hon. Member for West Worcestershire (Dame Harriett Baldwin), was right to highlight some of the work the Conservative Government did in this area. There is more to do, which is why we have introduced the Employment Rights Bill. She reeled off some of the opposition to it, but the CBI used to oppose the minimum wage, and we all know how that turned out. I want to start by recognising the dedication and compassion of parents and carers across the country. They make a vital contribution to society, supporting those who need it at the most critical time. Sadly, people in that situation may have to stop work altogether, and they may not get a choice over whether they stop work altogether. Just half of all adult carers are in work, and a quarter are economically inactive. Evidence indicates that disabled or unwell children are more likely than disabled adults to need continuous care. We also know that more than half of those who provide over 10 hours of care a week report that it impacts their work. That suggests that, as we have heard, the parents of seriously ill children face distinct challenges in balancing work and caring responsibilities. Given that that is clearly an issue, it is important that we think about how to support carers and parents of seriously ill children to balance those responsibilities with other parts of their life, including work. As the hon. Member for Keighley and Ilkley said, there do appear to be issues in terms of awareness of the support that is already available to parents. So I thought it would be helpful to follow the Opposition spokesperson’s lead and outline what is available and what will be coming on stream shortly. As has been mentioned, all employee parents are entitled to 18 weeks of unpaid parental leave over the first 18 years of a child’s life. That can be taken in blocks of four weeks, or for longer periods if there is agreement with the employer. The Employment Rights Bill will make that a day one entitlement. Parents of a child who is disabled or living with a long-term health condition are also entitled to carer’s leave, as we have discussed. That can be taken flexibly in half or whole days or in one go over the course of a year. In line with our plans to make work pay, we intend to review carer’s leave. As Members will be aware, it has been in force for only just under a year, so there is some way to go to understand exactly how successful it has been in supporting carers in the workplace. We will also be engaging closely with smaller employers and sector bodies through that work to ensure that we fully understand the potential impacts and benefits that further policy development could bring. From April this year, as has been mentioned, employees who are parents of babies in neonatal care will have access to a new entitlement to up to 12 weeks of neonatal care leave and pay. That includes a day one right to up to 12 weeks of neonatal care leave and a pay entitlement for eligible employees. That will enable thousands of parents to care for and be with their children in neonatal care without worrying about whether their job is at risk. Another area where more support will be coming down the line as a result of the Employment Rights Bill is improved access to flexible working. That will help people to balance work and other responsibilities—for example, where there is a need to care for a child. It was interesting that the employer in Christina’s story just would not have that discussion about flexibility. Hopefully, the new right to flexible working will lead to a different kind of conversation in future for people in that awful situation. There are existing protections in the Employment Rights Act 1996 for employees suffering detriment as a result of taking leave for family and domestic reasons, or where an employee is dismissed and family-related leave is the principal reason. In addition, parents of seriously ill children may be protected from employment discrimination by association with a disabled person under the Equality Act 2010. Of course, employment rights are only one part of the much wider package of support available to families when a child is seriously ill. The accelerating reform fund will provide £42.6 million over 2023-24 and 2024-25 to support innovation and scaling in adult social care and to improve services that support unpaid carers. A range of financial support is also available through social security. Help is provided via disability living allowance for children aged under 16 and via personal independence payments for those aged 16 and above. Those benefits are available if a child’s or young person’s condition or illness is both of a long-term nature and gives rise to daily care or mobility needs. Those benefits are a contribution to the extra costs that may arise, as we have heard. For those in receipt of the highest level of benefit, they mean an extra £9,583 a year tax-free. The benefits are usually paid to the parent of the child to help with the overall family finances, and they are free to use the money as they see fit. The hon. Member for Keighley and Ilkley and several other hon. Members mentioned that it can take time to access some of these benefits. However, where there is, tragically, an end-of-life diagnosis, claims are fast-tracked, and recipients are guaranteed the highest rate of the DLA care competent or the enhanced rate of the PIP daily living component from the date of the claim. The Government have recently announced that, from April this year, there will be an increase in the carer’s allowance weekly earnings limit, from £151 to £196 a week. That is the equivalent of 16 hours at the national living wage, and is the largest increase in the earnings limit since the carer’s allowance was first introduced in 1976. It will mean that carers can earn up to £10,000 a year while still retaining their carer’s allowance, which is worth about an additional £2,000 a year. That is some of the work that is being undertaken, but I understand that some hon. Members wish to go further. As the debate has highlighted, a number of important issues need to be considered, including the scope of any approach and what any entitlement would look like in practice. There is certainly a need to fully understand the extent of the issue. We need to consider the length of time that would be requested, whether it would be paid or unpaid, the process that would need to be followed, who would be eligible to make an application, and whether other interventions may be more effective than an entitlement.

• 3 Feb 2025 · Career Breaks: Parents of Seriously Ill Children · Hansard source

  More

  As a former Minister, the right hon. Gentleman will know that the best way to get a Minister to agree to a meeting is to ask them directly in the Chamber. I will, of course, be happy to do that. I will explain a little more what the Government are looking at in this area. I recently met the Minister for Care, from the Department of Health and Social Care, and the Minister for Social Security and Disability, from the Department for Work and Pensions, to discuss how we will improve the lot of carers and make progress in this area. We are determined to ensure that there are meaningful improvements, and the issues we have debated will certainly be fed into that discussion. We want to make sure that unpaid carers are able to navigate their responsibilities and stay in employment, if at all possible. There is ongoing work in Government on the wider programme, and what we have heard in this debate will certainly add to that. After I have met the right hon. Member for Rayleigh and Wickford, I may have further thoughts to submit to the machine. It is fair to say that there is a lot going on in this area, and there is a lot to consider. This is an important subject; it is one of the most difficult times in anyone’s life when their child is seriously ill, and we want to ensure that we get the balance right in supporting parents during this difficult time.

• 9 Jan 2025 · Employment Rights Bill (Eighteenth sitting) · Hansard source

  More

  This is a large grouping again, and I will turn first to Government amendments 97 to 100. Open, two-way information sharing with the regulator is what clause 98 and schedule 5 are all about. These amendments add Scottish health bodies to schedule 5, which will support those bodies in fulfilling their functions. This has been agreed by Scottish Government officials and the bodies themselves. Amendment 97 also adds the Pensions Ombudsman to schedule 5. Fair work agency inspectors may come across useful pension information that will help the Pensions Ombudsman in its duties, and it is right that they can share that information. The amendments stand to benefit the bodies concerned and the public by allowing the Secretary of State to share information obtained by the fair work agency that is relevant to the functions of those bodies. Amendments 171 to 174 are about where the fair work agency, in fulfilling its statutory duties, is likely to obtain information that would be beneficial to other statutory bodies. Clause 98(5) gives the Secretary of State the power to disclose certain information to the persons specified in schedule 5. Amendments 171 to 174 add additional public bodies in the devolved nations to schedule 5. Amendment 171 adds the National Crime Agency, amendment 172 adds Social Care Wales, amendment 173 adds the Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland, and amendment 174 adds Welsh Ministers. The amendments will enable information obtained in connection with the exercise of part 5 enforcement functions to be disclosed to those bodies for the purposes of their functions. The amendments stand to benefit those bodies and the public by allowing the Secretary of State to share information with those bodies that is obtained by the fair work agency and that is relevant to its functions, where the disclosure is relevant to the exercise of those bodies’ own functions. The amendments have all been agreed by the relevant bodies, and on that basis I commend them to the Committee.

• 9 Jan 2025 · Employment Rights Bill (Eighteenth sitting) · Hansard source

  More

  The shadow Minister lays down a challenge for me. On the Pensions Ombudsman—I will certainly write to him if anything occurs to me after consultation with officials—it is not unusual for an individual’s payslip or contract to indicate that pension deductions have been made, when they have not actually reached the appropriate pension funds. That may be one example of where such a reference could be made. The shadow Minister will be aware from the Low Pay Commission’s recent reports that health and social care are the sectors where some of the worst labour market abuses are ongoing, so it is important that we are sighted of particular issues in those sectors. I will take further advice on any other specific examples I might be able to give him, and I will write to him in due course. Amendment 97 agreed to. Amendments made: 171, in schedule 5, page 130, line 29, at end insert— “The National Crime Agency.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to the National Crime Agency for the purposes of its functions. Amendment 98, in schedule 5, page 131, line 20, at end insert— “Healthcare Improvement Scotland.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to Healthcare Improvement Scotland for the purposes of its functions. Amendment 99, in schedule 5, page 131, line 20, at end insert— “Social Care and Social Work Improvement Scotland.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to Social Care and Social Work Improvement Scotland for the purposes of its functions. Amendment 100, in schedule 5, page 131, line 20, at end insert— “The Scottish Social Services Council.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to the Scottish Social Services Council for the purposes of its functions. Amendment 172, in schedule 5, page 131, line 20, at end insert— “Social Care Wales.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to Social Care Wales for the purposes of its functions. Amendment 173, in schedule 5, page 131, line 20, at end insert— “The Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.” This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to the Health and Social Care Regulation and Quality Improvement Authority for the purposes of its functions. Amendment 174, in schedule 5, page 131, line 23, at end insert— “The Welsh Ministers.” —(Justin Madders.) This amendment would enable information obtained in connection with the exercise of enforcement functions under Part 5 of the Bill to be disclosed to the Welsh Ministers for the purposes of their functions. Question proposed, That the schedule, as amended, be the Fifth schedule to the Bill.

• 7 Jan 2025 · Employment Rights Bill (Sixteenth sitting) · Hansard source

  More

  As the shadow Minister eloquently set out, amendment 167 seeks to increase from seven to 21 days the notice that a trade union must give an employer of industrial action after it has secured a ballot mandate and before any such action is taken. As we know, the Trade Union Act 2016 brought in a requirement for unions to provide 14 days’ notice to employers. As we are committing to repealing the 2016 Act through this Bill, it stands to reason that if the clauses are agreed to, the seven-day notice period that was required prior to the 2016 Act will apply in its place. We want to reset the relationship with both employers and unions to resolve disputes through meaningful negotiations. Far from supporting the economy, the effect of the legislation in recent years has been an increase in strikes. In 2023, close to 2.7 million working days were lost to strikes, up from 2.5 million in 2022. Both those figures were the highest since the 1980s. However, we recognise the importance of striking a balance between allowing for effective strike action and ensuring that employers can reasonably prepare. That is especially important in public services such as the NHS, as the shadow Minister has mentioned, where managers need adequate time to plan for periods of industrial action, and that includes adequate time to agree patient safety mitigations with unions. That is why we have given employers, workers, and trade unions the opportunity, through a consultation, to comment on what notice of industrial action should be provided to employers. That consultation closed on 2 December 2024 and our response will be published in due course. It seems to me that the shadow Minister’s proposal of a 21-day period is effectively a finger-in-the-air job rather than something considered. If he had tabled an amendment to keep it at 14 days, that would at least have been consistent with his party’s previous position. His statement that it is important to change this in the light of the repeal of the minimum service levels legislation is slightly erroneous given that, to our knowledge, no one has ever actually used the provisions of that Act. When we consider the consultation responses, we will look at whether there is a case for changing the length of the notice period from seven days. I therefore suggest that the amendment is unnecessary, and I ask the shadow Minister to withdraw it.

• 7 Jan 2025 · Employment Rights Bill (Sixteenth sitting) · Hansard source

  More

  The clause seeks to repeal the Strikes (Minimum Service Levels) Act 2023, which provides powers for the Government to make regulations to set minimum service levels during strike action in some essential services. The previous Government introduced regulations to implement minimum service levels in rail, border security, fire and rescue, and ambulance services. No work notice, however, has ever been issued by an employer to require individuals to work to meet the minimum service level during strike action. This demonstrates the futility and misguided approach of the Act and I urge Members to support its repeal. Minimum service levels unduly restrict the right to strike and undermine good industrial relations. As a result, our plan—it is a clear manifesto commitment—pledged to repeal the Act to give trade unions the freedom to organise, represent and negotiate on behalf of their workers. The clause amends the Trade Union and Labour Relations (Consolidation) Act 1992. Subsection (1) repeals provisions of the 1992 Act as inserted by section 1 of the Strikes Act, with sections 234B to 234G falling away. A number of further amendments are made by the clause to the 1992 Act to reverse other changes made by the Strikes Act. As a result, all associated powers, regulations, provisions and defined terms related to minimum service levels will also fall away. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and repealing the Strikes Act will help us to achieve that. I will now turn to new clause 27 and amendment 133, which were tabled by the hon. Member for Mid Buckingham- shire. The Government will not support his proposals, which unnecessarily ask for an assessment of the ability of essential public services to provide minimum service levels during industrial action, and to lay a report containing the findings before the House. The Government have already produced a comprehensive set of impact assessments, including an assessment covering the repeal of the Strikes (Minimum Service Levels) Act 2023. This was published alongside the Bill at Second Reading and is based on the best available evidence about the potential impact on business, workers and the wider economy. The assessment is hamstrung by the fact that the Act has never been implemented, so we are in some difficulty in seeing whether there was an impact from it. The analysis we undertook, however, included labour market and broader macroeconomic analysis, including sectoral analysis on industries providing essential services, potential influence on collective bargaining and dispute resolution processes, while also addressing the balance between employer needs and union representation. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and believe that the Act was a hindrance to doing so. I therefore ask the shadow Minister not to move his new clause or amendment.

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

  More

  I am grateful for Members’ contributions. The shadow Minister gently joshed me about the technical detail but, as my hon. Friend the Member for Birmingham Northfield pointed out, that is the nature of the beast: it is important that all eventualities are covered. We have not reinvented the wheel here; we have lifted much of what was already in place for the previous iteration of this body, and we have taken some further learnings from that. On my hon. Friend’s points, we have not needed to take the broader powers of the adult social care body, which we will discuss shortly, because the clauses relating to the SSSNB give it a remit to negotiate terms and conditions, as well as advise on training and career progression. That is broader than its 2009 remit, and we think it covers the areas that are recognised as those that need to be included, in addition to the powers the body had in 2009. Of course, the Bill has to be detailed—it has to be right—because it will affect 800,000 people, and a lot of people in that workforce are on low pay, have poor career prospects and are frustrated at the lack of progression in their job. When setting up such a body, it is important to cover all eventualities. This is not a novel concept, but it is an important step forward in our industrial relations in this country, and in tackling low pay and insecurity. I am proud that we are able to discuss it today. Question put, That the schedule, as amended, be the Third schedule to the Bill.

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

  More

  I will deal with the point raised by the Liberal Democrat spokesperson and the shadow Minister first. This measure is about the practicality of negotiations. Clause 41 is not trying to say that the body will reach back in time to change workers’ terms and conditions; it is about the fair pay body agreeing terms and conditions, and the period between that agreement being reached and it then being ratified and passed in regulations by the Secretary of State. For example, if the body said that from 1 April 2028, for argument’s sake, there would be an uplift of whatever pence or pounds an hour to everyone’s pay, and if the regulations enacting that were not passed until July of that year, the retrospectivity would be from July 2028 back to 1 April, so that pay can be included. That is normal in pay negotiations. That is all it is; it is not about trying to unpick previous agreements; it is about the way that anything agreed is implemented. The shadow Minister said that we legislate first and consult second. As he will be aware, introducing a fair pay agreement in such a huge area of employment in this country is a novel and groundbreaking introduction to our legal system, so we need to put the legislative framework in place, which is what the Bill does. The detail and how it will work in practice is what the consultation and the secondary legislation will deal with. That is the proper way to do this, and that is how we will get this right. The Government are absolutely committed to getting this right. We absolutely recognise the terrible pay and conditions that lots of people in the adult social care sector face and the need for this kind of body to try and drive out those poor practices. The shadow Minister asked about clause 33 and the ability of the Secretary of State to refer matters back to the negotiating body. He will of course understand that as the Bill is currently drafted the Secretary of State will need to pass regulations in order to enact many of the recommendations from the body. Some will be guidance, but that will still need the Secretary of State’s involvement. It simply would not be tenable for the Secretary of State to be compelled to pass legislation with which they did not agree, so I am sure that the shadow Minister will appreciate why that is in the Bill. We hope that that does not come to pass—it would clearly not be in the spirit of what we are trying to achieve—but we have no way of knowing what the future holds in that respect. It is therefore important for the Secretary of State, who is the person responsible for this system, to have the final say on such matters.

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

  More

  We may have to write to the hon. Member on that. Having furiously double-checked clause 32 during the other hon. Members’ speeches, I cannot find the word sufficient. My final point relates to the powerful contribution from my hon. Friend the Member for Scarborough and Whitby about her personal circumstances and how important it is that we get this right. It is people such as her son who have benefited from good support in social care, and at the end of the day, they are the people who will benefit from stability and security in the workforce and better retention rates. This is about the workforce, but it is also about the people who receive the care, and it is about time that we gave them more priority. That is why these clauses are so important, and I therefore commend them to the Committee. Question put and agreed to. Clause 29 accordingly ordered to stand part of the Bill. Clauses 30 to 44 ordered to stand part of the Bill.