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 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)
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.
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 inspections were carried out by the (a) Employment Standards Agency Inspectorate, (b) HMRC National Minimum Wage Enforcement Team, (c) Health and Safety Executive and (d) the Gangmaster Labour Abuse Authority for the yearly reporting period 2019-20.
Answered by Paul Scully
Please see responses to each request for information in the table below:
Body | Number of workplace inspections in 2019/20[1] | Number of investigations in 2019/20 | Number of frontline enforcement officers in 2019/20 | Classification of issues in 2019/20 |
Employment Agency Standards | 303 | 1698[2] | 18 | Non-payment or withholding earnings, being charged to find work, contractual disputes, lack of clarity of deductions, advertising of roles, and failure to obtain either sufficient information from a hiring company or work-seeker. |
HMRC National Minimum Wage | 3300[3] | 3300[4] | 442 | Non-payment of national minimum wage |
Gangmasters and Labour Abuse Authority | 214 inspections of applicants for licenses and licence holders[5] 390 investigation cases[6] | 390 | 50 | Civil cases- compliance with the GLAA licensing standards relating to relevant UK legislation governing the workplace and employer/worker relationships, forced labour, and employer responsibilities to Government - https://www.gla.gov.uk/media/5963/licensing-standards-october-2018-final-reprint-jan-2020.pdf Criminal cases: offences committed against the Gangmasters (Licensing) Act 2004, being unlicensed, using workers from unlicensed gangmasters, or the wider labour market offences including Modern Slavery. |
Health and Safety Executive | 13, 402 | 7,024[7] | 980 (inc 498 Band 3 and 4 inspectors[8]) | The Health and Safety Executive handled over 32,000 complaints for the yearly reporting period 2019-20 but HSE does not record the subject matter of the complaint. |
[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.
[2] Number of complaints investigated.
[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.
[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.
[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.
[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.
[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.
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 investigations were carried out by the (a) Employment Standards Agency Inspectorate, (b) HMRC National Minimum Wage Enforcement Team, (c) Health and Safety Executive and (d) the Gangmaster Labour Abuse Authority for the yearly reporting period 2019-20.
Answered by Paul Scully
Please see responses to each request for information in the table below:
Body | Number of workplace inspections in 2019/20[1] | Number of investigations in 2019/20 | Number of frontline enforcement officers in 2019/20 | Classification of issues in 2019/20 |
Employment Agency Standards | 303 | 1698[2] | 18 | Non-payment or withholding earnings, being charged to find work, contractual disputes, lack of clarity of deductions, advertising of roles, and failure to obtain either sufficient information from a hiring company or work-seeker. |
HMRC National Minimum Wage | 3300[3] | 3300[4] | 442 | Non-payment of national minimum wage |
Gangmasters and Labour Abuse Authority | 214 inspections of applicants for licenses and licence holders[5] 390 investigation cases[6] | 390 | 50 | Civil cases- compliance with the GLAA licensing standards relating to relevant UK legislation governing the workplace and employer/worker relationships, forced labour, and employer responsibilities to Government - https://www.gla.gov.uk/media/5963/licensing-standards-october-2018-final-reprint-jan-2020.pdf Criminal cases: offences committed against the Gangmasters (Licensing) Act 2004, being unlicensed, using workers from unlicensed gangmasters, or the wider labour market offences including Modern Slavery. |
Health and Safety Executive | 13, 402 | 7,024[7] | 980 (inc 498 Band 3 and 4 inspectors[8]) | The Health and Safety Executive handled over 32,000 complaints for the yearly reporting period 2019-20 but HSE does not record the subject matter of the complaint. |
[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.
[2] Number of complaints investigated.
[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.
[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.
[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.
[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.
[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.
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 for the yearly reporting period 2019-20.
Answered by Paul Scully
Please see responses to each request for information in the table below:
Body | Number of workplace inspections in 2019/20[1] | Number of investigations in 2019/20 | Number of frontline enforcement officers in 2019/20 | Classification of issues in 2019/20 |
Employment Agency Standards | 303 | 1698[2] | 18 | Non-payment or withholding earnings, being charged to find work, contractual disputes, lack of clarity of deductions, advertising of roles, and failure to obtain either sufficient information from a hiring company or work-seeker. |
HMRC National Minimum Wage | 3300[3] | 3300[4] | 442 | Non-payment of national minimum wage |
Gangmasters and Labour Abuse Authority | 214 inspections of applicants for licenses and licence holders[5] 390 investigation cases[6] | 390 | 50 | Civil cases- compliance with the GLAA licensing standards relating to relevant UK legislation governing the workplace and employer/worker relationships, forced labour, and employer responsibilities to Government - https://www.gla.gov.uk/media/5963/licensing-standards-october-2018-final-reprint-jan-2020.pdf Criminal cases: offences committed against the Gangmasters (Licensing) Act 2004, being unlicensed, using workers from unlicensed gangmasters, or the wider labour market offences including Modern Slavery. |
Health and Safety Executive | 13, 402 | 7,024[7] | 980 (inc 498 Band 3 and 4 inspectors[8]) | The Health and Safety Executive handled over 32,000 complaints for the yearly reporting period 2019-20 but HSE does not record the subject matter of the complaint. |
[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.
[2] Number of complaints investigated.
[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.
[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.
[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.
[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.
[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.
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 classifications the issues investigated the by (a) Employment Standards Agency Inspectorate; (b) HMRC National Minimum Wage enforcement team; (c) Health and Safety Executive; and (d) Gangmaster Labour Abuse Authority fell under for the reporting period 2019/2020.
Answered by Paul Scully
Please see responses to each request for information in the table below:
Body | Number of workplace inspections in 2019/20[1] | Number of investigations in 2019/20 | Number of frontline enforcement officers in 2019/20 | Classification of issues in 2019/20 |
Employment Agency Standards | 303 | 1698[2] | 18 | Non-payment or withholding earnings, being charged to find work, contractual disputes, lack of clarity of deductions, advertising of roles, and failure to obtain either sufficient information from a hiring company or work-seeker. |
HMRC National Minimum Wage | 3300[3] | 3300[4] | 442 | Non-payment of national minimum wage |
Gangmasters and Labour Abuse Authority | 214 inspections of applicants for licenses and licence holders[5] 390 investigation cases[6] | 390 | 50 | Civil cases- compliance with the GLAA licensing standards relating to relevant UK legislation governing the workplace and employer/worker relationships, forced labour, and employer responsibilities to Government - https://www.gla.gov.uk/media/5963/licensing-standards-october-2018-final-reprint-jan-2020.pdf Criminal cases: offences committed against the Gangmasters (Licensing) Act 2004, being unlicensed, using workers from unlicensed gangmasters, or the wider labour market offences including Modern Slavery. |
Health and Safety Executive | 13, 402 | 7,024[7] | 980 (inc 498 Band 3 and 4 inspectors[8]) | The Health and Safety Executive handled over 32,000 complaints for the yearly reporting period 2019-20 but HSE does not record the subject matter of the complaint. |
[1] The enforcement bodies may take different approaches to workplace inspections and investigations depending on the type of offence being investigated.
[2] Number of complaints investigated.
[3] This number includes employer interview which could be in person or via phone or letter. HMRC triage cases to decide the type of intervention dependent on the level of risk of the case. Workplace inspections are not always appropriate as payroll records may be with agents or payroll providers.
[4] Number of investigations closed in 2019/20. Some investigations may have begun earlier.
[5] The number therefore relates to the number of cases, and not individual workplaces. In such civil inspections there may be a number of visits to premises where workers are supplied to.
[6] These related to investigations against Gangmasters (licensing) Act offences as well as cases involving other labour market offences, for which the GLAA exercises a wider authority in England and Wales. Those offences are defined in section 3(3) of the Immigration Act 2016, and include forced labour offences under the Modern Slavery Act 2015.
[7] Investigations of fatal and non-fatal incidents reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
[8] Band 3 and 4 inspectors undertake the delivery of the operational division workplans, this includes inspections and investigations into reported incidents and concerns and where non-compliance with health and safety legislations is identified, the inspectors take regulatory action in accordance with our published Enforcement Policy Statement.
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 the Government plans to update its guidance entitled Working safely during coronavirus (COVID-19) to include details on ventilation in workplaces following the discovery of the spread of the VUI-202012/01 strain of covid-19 in the UK.
Answered by Paul Scully
The Working safely guidance was last updated on 6 January to reflect the new national lockdown. The guidance is kept under constant review based on the latest scientific evidence we receive.
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 his Department has to update its recommendations on cleaning in workplace settings to reflect updated guidance from the Health and Safety Executive on disinfecting surfaces and vehicles.
Answered by Paul Scully
BEIS has worked closely with Health and Safety Executive (HSE), Public Health England and others throughout the pandemic to ensure that guidance for businesses is based on the most up to date understanding of Covid-19. There are arrangements in place between BEIS and HSE for weekly reviews of the recommendations for workplaces to ensure that any changes are rapidly reflected either through direct changes to the GOV.UK guidance or through links to the recommendations published by other departments.
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 proportion of investigations carried out by (a) the Employment Agency Standards Inspectorate, (b) the Gangmaster Labour Abuse Authority and (c) the HMRC National Minimum Wage Enforcement Team involve joint work with Immigration Enforcement.
Answered by Paul Scully
The proportion of investigations undertaken by Employment Agency Standards Inspectorate with Immigration Enforcement amounts to 0.6% of all cases between 1 April 2016 and 30 November 2020.
HMRC only conduct joint visits where there are pertinent risks for other enforcement agencies. From 2017/18 to 2019/20, joint visits involving Immigration Enforcement represent 1.3% of HMRC National Minimum Wage Team’s investigations.
The Gangmasters and Labour Abuse Authority work with several partners, including Immigration Enforcement, in different ways which may change as an investigation develops. They only capture data on the lead agency in each case and therefore it is not possible to accurately state the total proportion of investigations carried out with Immigration Enforcement.
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 Court of Justice of the European Union ruling based on the case of Federacion de Servicios de Comisiones Obreras v Deutsche Bank SAE, whether he plans to require employers to measure the duration of time worked by each employee, both normal hours and overtime, to ensure that staff (a) do not work beyond the legal maximum number of hours and (b) receive stipulated daily and weekly rest periods.
Answered by Paul Scully
The Government does not currently intend to amend domestic legislation to require employers to record working hours as set out in the judgment.
It is important that employers comply with the Working Time Regulations in respect of working hours and daily and weekly rest, and that they are held to account if they don't. Workers can take a case to employment tribunal concerning insufficient rest, and the Health and Safety Executive directly enforces maximum working hours. The Government has also committed to bringing forward state enforcement of the rules in the Working Time Regulations on holiday pay for vulnerable workers, to ensure that workers get the paid time off they deserve.
The Government does not disclose the legal advice it receives in relation to its work.