Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the oral contribution of the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy of 27 April 2021, Official Report, column 86WH, what steps have been taken by the Department to (a) investigate the use of fire and rehire tactics by executive non-departmental public bodies, (b) communicate the Government's policy on fire and rehire tactics to those bodies and (c) discourage the use of fire and rehire tactics by those bodies.
Answered by Paul Scully
Non-departmental public bodies (NDPBs) have a role in the process of national government but are not part of a government department. They operate at arm’s length from Ministers, though a Minister will be responsible to Parliament for the NDPBs.
Although we have not targeted NDPBs specifically in our communications, this Government has been clear that we expect all employers to treat their employees fairly and in the spirit of partnership. Using threats about firing and rehiring as a negotiation tactic is unacceptable. We expect employers and employees to negotiate new terms and conditions and there are laws around how this must be done, and protections in place when firms are considering redundancies.
Last year, we asked the Advisory, Conciliation and Arbitration Service (Acas) to collect evidence into how fire and rehire is being used by employers. This report was published on 8 June. We have asked Acas to produce better, more comprehensive, clearer guidance to help all employers explore all the options before considering ‘fire and rehire’ and encourage good employment relations practice. This will be relevant to all employers.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to his Department's plans for a levy on trade unions and employer bodies to fund the certification officer, what projections he has made for (a) the income levels that will determine whether a union is classed as (i) small, (ii) medium or (iii) large and (b) the levy apportioned to an individual organisation in the (A) small unions, (B) medium unions, (C) large unions, (D) union federations and (E) employer organisations category from April 2022.
Answered by Paul Scully
The Government has taken steps to ensure the levy on trade unions and employers’ associations to fund the Certification Officer is fair and affordable. Our proposal, which is subject to change, is that smaller organisations will be exempt from the levy. All other organisations will pay the basic levy and higher income organisations will pay an additional rate on top of the basic levy, to cover exempt organisations. As a significant amount of the Certification Office’s time is spent on non-federated trade unions, an enhanced rate will be paid by those non-federated trade unions for whom the basic, additional and enhanced rate amounts to less than 2.5% of their income. No organisation will pay more than 2.5% of their income.
It will be for the Certification Officer to set the levy amounts and income bands within the framework of the Certification Officer levy regulations.
The Certification Officer has estimated that she is likely to need a budget of £1,150,000 from April 2022. Based on that estimate, and taking into account the current number of organisations subject to the levy and the annual income reported through annual returns, the Certification Office has made some projections as to the likely shape of the levy. These projections are, of course, subject to change, and will be updated once the regulations have been laid.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what the budget was for the Certification Officer for the financial years beginning 1 April (a) 2017, (b) 2018, (c) 2019 and (d) 2020.
Answered by Paul Scully
The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.
The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.
The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what the expected budget is for the Certification Officer for the financial year 2021-22.
Answered by Paul Scully
The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.
The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.
The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what estimate his Department has made of the annual budget for the Certification Officer for the financial year starting on 1 April 2022.
Answered by Paul Scully
The Certification Office cost: £883,370 in the year commencing 1 April 2017; £1,103,037 in the year commencing 1 April 2018; £1,097,132 in the year commencing 1 April 2019; and £1,079,812 in the year commencing 1 April 2020.
The Certification Office budget for the year commencing 1 April 2021 has not yet formally been allocated. The Certification Office anticipates that the total cost of the office will be approximately £1,100,000.
The Government’s latest estimate is that the office will cost approximately £1,150,000 in the year commencing 1 April 2022. This figure includes an adjustment to account for the costs associated with implementing the additional powers granted to the Certification Officer by the Trade Union Act 2016, which are due to come into force from April 2022.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether ACAS has completed its work into fire and rehire practices; on what date ACAS shared its insights with officials at his Department; if he will publish the ACAS report’s findings; and on what date he plans to publish the Government’s response to that report’s findings.
Answered by Paul Scully
The Department engaged ACAS to gather evidence of how fire and rehire is being used and they have concluded their work.
ACAS engaged with a range of groups, including employer bodies and trade unions, as well as professional bodies with advisory contact with employers, such as employment lawyers, accountants, and payroll services.
Officials are now giving this evidence due consideration, and the Government will communicate our response in due course.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether he plans to remove meter readers from the list of people permitted to work in other people's homes during the covid-19 outbreak.
Answered by Paul Scully
The Government guidance on the current national restrictions enables tradespeople, such as meter readers and smart meter installers, to work in peoples’ homes if it is a necessary part of their job. The Government is clear that businesses in certain sectors can remain open if they can adhere to Safer Working guidance. When visiting peoples’ homes, tradespeople should follow the guidance and take appropriate Covid-19 secure precautions.
Asked by: Andy McDonald (Labour - Middlesbrough and Thornaby East)
Question to the Department for Business, Energy and Industrial Strategy:
To ask the Secretary of State for Business, Energy and Industrial Strategy, what recent discussions he has had with Cabinet colleagues on trades union recognition within freeports.
Answered by Paul Scully
Freeports are not deregulatory and the government will ensure that the UK’s high standards with respect to workers’ rights will not be compromised. Therefore the UK’s trade union rights will apply to freeports.
The UK takes a voluntarist approach in relation to industrial relations. Collective bargaining is largely a matter for individual employers, their employees and their trade unions. It is therefore for individual employers to decide whether they wish to recognise a trade union for collective bargaining purposes.