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Written Question
Company Investigations and Inspections
Thursday 20th January 2022

Asked by: Andy McDonald (Labour - Middlesbrough)

Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, how many workplace (a) inspections and (b) investigations were carried out by the (i) Employment Standards Agency Inspectorate, (ii) HMRC National Minimum Wage Enforcement Team, (iii) Health and Safety Executive and (iv) the Gangmaster Labour Abuse Authority for the yearly reporting period 2020-21.

Answered by Paul Scully

In the yearly reporting period 2020-21, the Employment Agency Standards Inspectorate closed 177 inspections and 1,800 investigations (complaint-based cases).

The HMRC National Minimum Wage Enforcement Team closed 2,740 cases.

The Health and Safety Executive carried out 14,880 inspections and 14,426 investigations (8,026 of which were workplace concerns raised by employees, members of the public or others; 6,189 were non-fatal accidents; 211 were fatalities). HSE also conducted over 182,700 spot checks to ensure workplace premises were Covid-secure.

The Gangmaster and Labour Abuse Authority carried out a total of 221 inspections (157 application inspections and 64 compliance inspections). The GLAA conducted 476 investigations in total, 380 of these were led by the GLAA and the remaining 96 were led by other agencies and supported by the GLAA.


Written Question
Central Government: Staff
Thursday 20th January 2022

Asked by: Andy McDonald (Labour - Middlesbrough)

Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, how many front-line enforcement officers there were in the (a) HMRC National Minimum Wage Enforcement Team, (b) Health and Safety Executive and (c) Gangmaster Labour Abuse Authority in 2020-21.

Answered by Paul Scully

In 2020-21 HMRC National Minimum Wage Enforcement Team had 420 full time equivalents at year end.

The Health and Safety Executive does not distinguish between ‘front line’ and non ‘front line’ enforcement roles. However, for the year 2020-21 HSE employed 953 warrant-holding staff in all grades and roles, including trainees, managers and specialists.

As of March 2021, the Gangmaster and Labour Abuse Authority had 63 frontline officers.


Written Question
Minimum Wage: Non-payment
Thursday 20th January 2022

Asked by: Andy McDonald (Labour - Middlesbrough)

Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will publish the number of prosecutions for non-payment of the national minimum wage by region in Financial Year (a) 2019-20 and (b) 2020-21.

Answered by Paul Scully

This Government takes the enforcement of the minimum wage seriously. Paying the minimum wage is not optional, it’s the law.

Our priority has always been to ensure that workers receive the money they are owed as quickly as possible. It is for this reason, in the vast majority of cases, HMRC pursue civil enforcement. However, for the most egregious breaches of National Minimum Wage law, where employers are persistently non-compliant, or refuse to cooperate with HMRC, criminal prosecution may take place.

The Government published prosecution numbers for non-payment of the NMW by area in the 2019-20 Enforcement and Compliance report which can be found in Table 12 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/964238/nmw-e-c-report-tables-2019-2020.xlsx.

The figures for 2020-21 will be published in due course.


Written Question
Trade Union Act 2016
Wednesday 8th September 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what plans the Government has to respond to the observation in June 2019 by the International Labour Organization’s Committee of Experts on the Application of Conventions and Recommendations that the impact of sections 16 to 20 of the Trade Union Act 2016 should be reviewed with relevant social partners.

Answered by Paul Scully

The Government undertook a consultation (‘Trade Union Act 2016: Consultation on the Certification Officer’s enforcement powers’) which gave relevant stakeholders the opportunity to comment on proposals. The Government’s response was published earlier this year.

The planned reforms will make the Certification Officer a more effective regulator, with powers and funding more in line with similar bodies. This proper and fair regulation, which is fully compliant with international obligations, will enhance transparency and improve standards for the benefit of union members and the wider public.


Written Question
Department for Business, Energy and Industrial Strategy: Re-employment
Monday 19th July 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.


Written Question
Certification Officer: Finance
Thursday 1st July 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.

  1. No organisation with an income of less than £105,000 will pay the levy.
  2. Non-federated trade unions with an income of between £105,000 and £285,000 will pay £2600 per annum.
  3. Non-federated trade unions with an income of between £285,000 and £455,000 will pay £7080 per annum.
  4. Non-federated trade unions with an income of over £455,000 will pay £11350 per annum.
  5. Employers’ associations and federated trade unions with an income of between £105,000 and £275,000 will pay £2600 per annum.
  6. Employers’ associations and federated trade unions with an income over £275,000 will pay £6870 per annum.

Written Question
Certification Officer: Expenditure
Thursday 17th June 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.


Written Question
Certification Officer: Finance
Thursday 17th June 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.


Written Question
Certification Officer: Finance
Thursday 17th June 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.


Written Question
Re-employment
Tuesday 16th March 2021

Asked by: Andy McDonald (Labour - Middlesbrough)

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.