Commons Sense

House of Commons · Westminster Hall

Covid-19: Employment Rights

17 November 2020 · 12 other contributors · 14,035 words

Opened by Gavin Newlands SNP Paisley and Renfrewshire North

Responding minister: Paul Scully

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Gavin Newlands raised concerns about covid-19: employment rights in Westminster Hall. A government minister responded.

Key points

  • Concerns raised about the practice of fire and rehire in the aviation sector, affecting thousands of workers at companies like British Airways, Centrica British Gas, and Menzies Aviation.
  • The MP calls on the Government to strengthen workers' protections, possibly through the Employment Bill, and asks for a timescale for introducing a single enforcement body for employment rights.
  • The Minister highlights government actions such as the furlough scheme, which has supported 1.2 million employers and protected 9.6 million jobs.

Key requests to Government

I ask the Minister to work with me to strengthen workers' protections in this area – perhaps in the Employment Bill. Additionally, can he give a timescale for introducing a single enforcement body for employment rights?

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Gavin Newlands SNP Paisley and Renfrewshire North

I am concerned about the legal practice of fire and rehire, particularly in the aviation sector where British Airways and other companies have threatened workers with termination if they do not accept new contracts with reduced terms. This has affected thousands of employees across multiple companies including Centrica British Gas and Menzies Aviation. I received hundreds of emails from distressed staff. The current situation is that employees have no legal recourse, despite the UK Government's warm words.

Other contributors (12)
  • Andy McDonald Lab Middlesbrough and Thornaby East

    He criticised the Government for failing to uphold employment rights during the pandemic, citing issues such as unsafe workplaces, employers cutting pay and benefits without consequences, and a backlog in the employment tribunal system. He also mentioned significant budget cuts to the Health and Safety Executive.

  • Christine Jardine Lib Dem Edinburgh West

    The speaker expressed concern about the impact of the pandemic on employment rights, particularly in sectors like aviation. She highlighted instances of 'fire and rehire' practices by employers exploiting the crisis, affecting constituents of British Airways and other companies. Jardine also mentioned the exclusion of gig economy workers from support for 10 months and called for furlough extensions until June next year to protect jobs.

  • Ms Claudia Webbe highlighted the severe exploitation of workers in Leicester's garment industry, noting that one quarter of UK textile factories failing to pay the minimum wage were based in Leicester. She called for raising the minimum wage to at least £10 an hour and restoring trade union rights. Ms Webbe also advocated for eradicating zero-hours contracts and ensuring proper enforcement of workers' rights.

  • Grahame Morris Lab Easington

    Morris highlighted cases of employers forcing workers to sign up to inferior contracts during the pandemic, particularly in sectors such as aviation and criminal justice. He mentioned specific instances like British Airways cargo workers facing pay cuts between 20% and 25%, and staff at Ministry of Defence bases losing hundreds of pounds a month due to new contract terms. Morris criticised employers for disregarding employee safety and employment rights. He questioned the Minister about the need to outlaw fire and rehire practices, describing them as unnecessary and having a detrimental effect on workers.

  • Jim Shannon DUP Strangford

    Jim Shannon noted the significant increase in unemployment claims, particularly among young people aged 18-24. He raised concerns about airline staff facing altered terms and conditions with no choice but to accept them due to fear of redundancy. Shannon also expressed support for urgent intervention to stop unscrupulous practices by employers and advocated for legislative protection for workers.

  • Justin Madders Lab Ellesmere Port and Bromborough

    The speaker raised concerns about workplace protections during self-isolation periods, suggesting that the Government should clarify that such absences cannot be used against employees in disciplinary processes. He also criticised the practice of 'fire and rehire' as an indication of weak employment laws and an imbalance of power between employers and workers, urging for stronger job security measures.

  • Liz Twist Lab Blaydon and Consett

    The MP highlighted the challenges faced by workers during the pandemic, including those on minimum wage who are losing income due to furlough cuts. She raised concerns about individuals falling through gaps in support systems and mentioned cases of fire and rehire practices, which she described as cynical use of government support. The MP also discussed issues related to pregnant workers' safety, parents facing isolation challenges, and the need for better health and safety measures for retail workers who have faced abuse from customers.

  • Mick Whitley Lab Birkenhead

    Mick Whitley highlighted the sacrifices made by the public and the exploitation of the crisis by companies like British Airways and Sainsbury's, which have laid off workers despite receiving taxpayers' money. He noted that employment rights in the UK are among the worst in western Europe, with trade union acts such as the Trade Union Act 2016 limiting their effectiveness. Whitley argued for the importance of a strong labour movement during economic crises and called on the Government to acknowledge the unions' role in forging Britain's recovery.

  • Owen Thompson Lab Torfaen

    He joined others in congratulating the Member for Paisley and Renfrewshire North on initiating the debate, focusing on employment rights during the pandemic. He expressed concerns over firing and rehiring practices that undermine workers' rights and called for better support for employees facing insecure contracts and job insecurities. Owen Thompson highlighted specific issues affecting women's employment, citing fears that the pandemic could set women's employment back a generation due to increased risks in sectors like retail and hospitality. He mentioned surveys revealing unfair treatment or discrimination faced by pregnant women and new mothers, including being singled out for redundancy or furlough.

  • Rachael Maskell Lab Co-op York Central

    Focused on the disproportionate impact of the pandemic on women, especially working-class women. Highlighted that only 9% of working-class women can work from home compared to 44% of professional women and that more than half of all women had their hours reduced in June. Maskell sought clarity from the Minister regarding the rights of women in their third trimester of pregnancy, asking how they can be protected during this period.

  • Tim Farron Lib Dem Westmorland and Lonsdale

    Cumbria's NHS and public health services have been successful at tracking and tracing, with a success rate of 98%, compared to the government's programme which has a success rate of around 65%. However, people contacted by Cumbria's NHS are unable to access the grant due to the government's failed system. Tim Farron also highlighted issues related to maternity leave for self-employed individuals and pointed out that many employers in his constituency let their staff go in early September despite extending furlough support late.

  • Wera Hobhouse Lib Dem Bath

    Discussed the impact of the pandemic on disabled people's employment, noting that 71% of disabled workers have been furloughed or had their hours reduced. Raised concerns about employers' negative attitudes towards hiring disabled individuals, with only 33% of employers currently employing a disabled person compared to 49% in 2018. Hobhouse intervened briefly to ask a question, though no specific details of the intervention are provided in the text.

Government Response

Paul Scully

The Government have acted decisively to provide an unprecedented package of support to protect people's livelihoods. The furlough scheme has allowed 1.2 million employers across the UK to furlough 9.6 million jobs, and the self-employment income support scheme's third instalment covers November to January with increased grants. Over 19,000 jobs have been created through the kickstarter scheme for young people, and over £8 billion has been delivered in Government-guaranteed loans to more than 98,000 SMEs. Protections against unfair dismissal and redundancy pay are maintained based on normal pay rather than furlough pay. The Government are working with ACAS to address fire and rehire tactics through roundtables involving businesses, employee representatives, and other bodies. Equalities legislation ensures employers do not discriminate based on gender, pregnancy, or maternity. Legislation extends the redundancy protection period for mothers on maternity leave to six months once they return to work. Parents who are furloughed during their entitlement to statutory pay will receive a rate of pay based on normal earnings, not furlough pay. Employment rights enforcement is important and the Government have committed to establish a single enforcement body to better protect vulnerable workers. The Health and Safety Executive has provided tailored guidance on social distancing in workplaces, viewed over 3 million times. Bereavement pay for those who lose a child is included, with day-one right for unpaid leave for other forms of bereavement. The Low Pay Commission's recommendations will be followed to ensure the national minimum wage and living wage benefit workers. USDAW campaigns against retailer abuse, particularly regarding alcohol sales closure issues. Zero-hours contracts work an average of 25 hours a week; exclusivity clauses have been removed but banning such contracts would negatively impact more people than it helped. An employment Bill will be introduced to reflect lessons learned from the pandemic and deliver manifesto commitments for fairer workplaces with better support for families, new protections for low-paid workers, flexible working, and an enforcement body for labour market abuses.

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