Contribution
As a young worker in the late 1980s, I experienced the precarious nature of the world of work, along with many of my peers. Lack of knowledge about our rights and the fear of being sacked if we complained about our terms and conditions politicised me and made me a lifelong trade unionist and a member of Unite and Unison. I wish to speak to new clause 92, on rolled-up holiday pay for irregular hours workers and part-year workers, and new clause 93, entitled “Working Time Regulations 1998: records”, which are tabled in my name. Like most colleagues in this House, and along with the trade union movement and the millions of workers who will benefit from its provisions, I warmly welcome the Bill and thank everyone who has campaigned for it long and hard.
The majority of people spend a huge portion of their lives in work. Work should be an opportunity to be fulfilled, to live fully, to support ourselves and our family, to develop as individuals, and to contribute to society. In reality, however, for too long and for too many the world of work has been, and is, a world of uncertainty and ruthless exploitation, often stripping people of their dignity and their worth. For millions there is a struggle to obtain secure work, and that strengthens the hand of employers to drive a hard bargain to benefit their balance sheet and their profits. For those who can secure work, working life can remain unclear and insecure. It can include irregular and uncertain employment, uncertainty about hours, payment, and vital matters such as holiday pay and entitlement. While others in the House boast of their endless push for so-called flexible labour markets, the reality is very different for those on the other side of the employment contract—for the workers.
The previous Government spoke about cutting so-called red tape, when they really meant reducing people’s working rights and strengthening the powers of boardroom billionaires. My proposed new clauses are in relation to certain sectors, although they would benefit all workers. It is widely known and acknowledged that some employers use so-called rolled-up holiday pay as a device to tackle their obligations to provide paid time off for holidays. Holidays and breaks from work are essential for workers, and a recognised factor in delivering an effective organisation in the public and private sectors. So-called rolled-up holiday pay is a mechanism by which an employer adds holiday pay to basic pay throughout the working year, but does not provide it separately at the time of taking the holiday. It is acknowledged, including by ACAS, that that creates a risk that a worker may feel under pressure not to take any holiday, or to take less holiday than they are entitled to. That is particularly a risk for those who work in sectors of the economy where the work is irregular, and along with that, their work also tends to be lower paid. The pressure on such workers is immense. New clause 92 seeks to address that risk—a risk accepted and addressed by rulings from the European Court of Justice.
New clause 93 would ensure that working time is accurately recorded by employers. Colleagues across the House may recall that the recordkeeping requirements under the Working Time Regulations 1988 were watered down by amendments tabled by the previous Government in November 2023, following the UK’s withdrawal from the EU. They believed that it was too cumbersome to require employers to maintain accurate records on behalf of employees, referring to it as “time consuming” and “disproportionate reporting.” What a load of rubbish. With advances in modern technology, there is no excuse for an employer to fail to accurately and precisely keep records of the working time contributed by a worker. The onus of managing records should be shifted from employees to allow them to focus on their own roles without added administrative requirements.
This Government’s Employment Rights Bill will deliver a new deal for working people, and I wholeheartedly support it, but I urge the Minister to take account of the issues I have raised and to accept new clauses 92 and 93, which would strengthen the Bill’s provisions and increase protection for the sections of workers who need it the most.