Employment Law: Devolution to Scotland

Debate between Chris Stephens and Ian Murray

Tuesday 6th September 2022 Westminster Hall

[Ian Murray]

It will have a clear commitment to implement what we are currently doing in terms of the Labour party’s commission. I am not going to discuss what is in the commission in a Westminster Hall debate because it is being finalised and will be launched in the early part of November. However, the hon. Gentleman will not be disappointed with some of the outcomes of that detailed work.

The commission is not about Scotland as such; it is about all the nations and regions that come under the umbrella of the UK. I know the hon. Gentleman does not believe in the UK, but we do and some of that is in there on devolution. That is the reason the Scottish Labour party, of which I am a member, is entitled to have a different set of policy perspectives from the UK party on a whole host of issues. Gordon Brown’s commission, which will be launched in November, will do some of that.

[Chris Stephens]

I thank the hon. Gentleman for giving way. His history is a wee bit wobbly. I gently say to him that not all the UK trade unions were opposed to the devolution of employment law, Unite being one of them. If I remember the exchanges I had with them during that debate, the hon. Gentleman was quoting the Trades Union Congress and not necessarily all the UK trade unions.

[Ian Murray]

I cannot recall who was and who was not, but the conversations that went on through the conduit of the TUC, which was responsible for taking those conversations forward, had come to the conclusion by speaking to their members that the UK trade unions would not want to devolve. Those positions may have moved since; in fact, I think the GMB’s position has moved since, which is hardly unsurprising given the state we have.

I am sorry the hon. Member for Edinburgh West (Christine Jardine) is not here after that rather difficult and strange intervention. In the time that I was the shadow Minister responsible for employment law, I sat across from the former leader of the Liberal Democrats, Jo Swinson, who was a predecessor, successor and then predecessor again to the Scottish National party in East Dunbartonshire. She was the Minister at the time and took that Bill through the House of Commons, which not only did a whole host of anti-trade union things but extended the qualifying period for employment rights from one to two years. The Liberal Democrats are not sitting on the fence; they are quite clearly on the other side and trying desperately to climb back across the right side. I am disappointed that the hon. Lady came out with that because it undermines her arguments about what she needs to do.

I conclude with a canter through the question of what the Labour party would do. Our deputy leader, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), launched our fair work policies at conference last year for a new deal for working people. Launching that, she said it was an attempt to make Britain the best place in the world to work. I think it is an attempt to do that. We did not develop those policies in a vacuum of ideology, which is essentially what the previous Government have operated on—I hope the new Government will be slightly better—but by working with our trade union colleagues and employers, and working together to come up with something that can be implemented for the benefit of the economy and workers.

We would strengthen workers’ rights from day one. We would take away that two-year qualifying period and take it down to day one. That is the right thing to do and it gives people security. It cannot be right to be able to sack someone without a reason at one year and 364 days. In fact, the argument I have always made on that is that if we wait until one year and 364 days to find out if someone is good enough, the manager should be sacked for not doing their job properly. They could find out much earlier in the process if someone is good enough for the job they have been employed to do.

We would ban fire and rehire; that is a fairly straightforward thing to do, which would protect workers in this country and create good businesses. I went on holiday by ferry this year, but I just could not travel on P&O; I used another ferry company. When I saw that big P&O sign as I approached Dover, I just felt disgusted that a firm would do what P&O did to its employees at a time when they require their jobs and their wages more than at any time in the past.

Banning fire and rehire would also make work more family-friendly by helping to balance home, community and family life. We have done that before, through the maternity and paternity pay brought in during the last Labour Government. We would extend statutory maternity and paternity pay now that we are out of the European Union. Shared parental leave is a big issue. In fact, I agree with the hon. Member for Arfon (Hywel Williams) regarding the uptake of shared parental leave, but I do not think it is a legal thing. I think it is a cultural thing and also about equal pay, because all the analysis shows that there is such a low uptake of shared parental leave because it is still the father who is the main or highest earner in a family, and sharing parental leave may be a cultural thing in terms of employers and employees asking for it. Those are some of the cultural barriers that we have to break down.

We would ban zero-hours contracts. All workers have the right to regular contracts and predictable hours, reasonable notice of changes in shifts, and wages paid in full for cancelled shifts. We would strengthen trade union rights, raising pay and conditions, and—crucially—we would use fair pay agreements to drive up the pay and conditions of all workers.

I did not want to be political in this debate, but some of my colleagues from the Scottish National party could not resist being political earlier, so I cannot resist now. One of the key things that a Government can use to drive up standards is procurement, and one of the biggest levers that the Scottish Government could pull, given the powers of the Scottish Parliament, is procurement, using it to drive up standards.

However, we have just seen £700 million of licences for ScotWind being issued to companies with no procurement specifications on wages, local employment, apprenticeships and all those kinds of workers’ rights. So, yes, devolving these matters might be the right thing to do, but my challenge to the SNP is not about the principle of devolution but to tell us what it would with it.