Zero-hours Contracts Debate

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Zero-hours Contracts

Ian Murray Excerpts
Wednesday 16th October 2013

(10 years, 7 months ago)

Commons Chamber
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Ian Murray Portrait Ian Murray (Edinburgh South) (Lab)
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It is always a great delight to follow my good and hon. Friend the Member for Wansbeck (Ian Lavery), who I tend to follow in these debates—he always gets taken last, although I am sure that can be dealt with in another place.

This afternoon’s debate has added yet another dimension to the cost of living crisis that is engulfing the UK. It is not just the weekly shop, the energy bill or travel costs, but the hidden contributor of job insecurity. It is worth reminding ourselves that the UK had the third most flexible employment regime in the OECD even before this Government came to power and that there is a direct correlation between job insecurity, consumer confidence and economic growth. In fact, the Lib Dem Member for North Norfolk (Norman Lamb), the former employment relations Minister, said that any changes to the employment regime that undermined consumer confidence and created job insecurity would be “crazy”. He later got the employment relations ministerial brief and proceeded to do exactly what he said he would not do.

Many Members have discussed the plethora of other changes that have been made to the employment regime. It is worth reflecting on those changes, because they feed into the insecurity at work, which many hon. Members have mentioned, that is a symptom of zero-hours contracts. We have had—this is not an exclusive list, but gives an indication of why people feel more insecure at work—the qualification period increased to two years, collective redundancy cut to 45 days, fees for employment tribunals, the consequences of which were mentioned by my hon. Friend the Member for Wrexham (Ian Lucas), compensated no-fault dismissal by the back door and settlement agreements. We have also had shares for rights, compensation and employment tribunals slashed, lay people taken off employment tribunals and employment appeal tribunals, TUPE regulations diluted—that is perhaps partly why the problem of zero-hours contracts has increased—the Agricultural Wages Board abolished, national minimum wage enforcement slashed, the very existence of the Gangmasters Licensing Authority questioned, and health and safety taken back to what it was before the Boer war. That is a cocktail of job insecurity, which is highlighted by the fact that we are having this debate on zero-hours contracts.

A lot of Members have talked about whether we should have done more in government. Many hon. Members have made that criticism, but it is a false criticism, because they are missing the explosion of zero-hours contracts in recent years and the underemployment that we are seeing across everyone’s constituency.

Zero-hours contracts are not a new phenomenon—we have mentioned that already. They work for some employees—let us put that on the record; of course they do—but let us be clear, and say time and again, that the exploitative nature of such contracts has to be dealt with. That is what we need to do in the House today—and, indeed, in anything the Government bring forward. It is also not hard to see why zero-hours contracts are attractive to employers. They allow for maximum flexibility. However, in many cases, we are seeing the transfer of business risk—this is an important point—in a difficult economy from the employer to the employee. We should not hide behind the word “flexibility” so that it can mean exploitation.

Let me highlight a couple of case studies. One employee of a cinema firm—I will not mention the firm involved—said:

“I was offered part-time work with a zero-hours contract. It was all down to the whims of the managers whether or not you got work that week, which is just impossible to live with.”

He continued:

“They were very manipulative. And they employed so many people that we ended up getting about three hours a week. It seems as though zero-hours contracts are being used more and more to get as many staff as possible without any intention of using them…or giving us the hours we need to live and earn”

the income we need to survive.

Let us look at why the Government are so interested in zero-hours contracts and flexibility. Could it be because they have a flexible Cabinet? They have a part-time Chancellor. Indeed, I might even contest that the Business Secretary himself is on a zero-hours contract with the Liberal Democrats so that he can work full time for the Tories to deliver all these attacks on workers’ rights. Whether he likes it or not, that seems to be the case he is putting through. I wonder whether this issue also epitomises the kind of economy that this Government are looking to achieve—a low-wage, low-skilled, low-productivity work force that has insecure employment, to provide maximum flexibility and start a hire-and-fire culture. The Minister might come to the Dispatch Box and dispel that rumour, but it was only 24 hours ago that he suggested that small business should be exempt from any employment law whatever. If that is not creating a hire-and-fire culture, I do not know what is.

Let us reflect on the Government’s response to this issue. Although I appreciate the tone of the Secretary of State’s earlier comments—many have mentioned that—the record is: three BIS officials working part time on this issue, “speaking informally” to stakeholders, with a consultation promised some time in November. The Business Secretary said he hoped it would start some time in November, and I hope that he will bring forward strong proposals.

Many Members have spoken about issues in their constituencies and about what zero-hours contracts mean to their constituents. My hon. Friend the Member for Halifax (Mrs Riordan) made a powerful contribution. She made the critical point that most employers in Halifax look after their staff. I think that the vast majority of employers leave home every day to go to work with the intention of looking after their staff so that they can have a productive work force. I was struck by my hon. Friend’s story of the young person who was desperate for a job and paid to travel to work, only to be told that his name was not on the list. He had to travel home again at his own expense.

I am disappointed that the hon. Member for Hexham (Guy Opperman) is no longer in his place. He made a deplorable contribution, comparing people on zero-hours contracts with his zero-hours contract as a barrister. I hope that the Minister will agree that that is really not a true comparison with the problem we are looking at. If the hon. Gentleman wanted to complain about being on a zero-hours contract as a barrister—[Interruption.] Here he comes! Perhaps he was picking up his next £10,000-a-day contract while he was out of the Chamber.

My hon. Friend the Member for Newcastle-under-Lyme (Paul Farrelly) has always been a strong proponent of the arguments that we are putting forward today. He rightly concluded that zero-hours contracts needed to be used, but he also argued powerfully that, if major private sector employers such as Tesco, Morrisons and Sainsbury’s do not need to use them, others such as Wetherspoon’s and Burger King should not need to either. This is all about fairness in the workplace.

Guy Opperman Portrait Guy Opperman
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Will the hon. Gentleman give way?

Ian Murray Portrait Ian Murray
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I will not give way, because the hon. Gentleman was not in the Chamber for the start of the winding-up speeches. Anyway, before he arrived, I might have said something particularly complimentary about him.

Guy Opperman Portrait Guy Opperman
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Will the hon. Gentleman give way?

Ian Murray Portrait Ian Murray
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I will give way, as he is so insistent.

Guy Opperman Portrait Guy Opperman
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I am grateful to the hon. Gentleman for giving way. Does he not accept that, when someone is working for free, when they are obligated to take on work and have no choice in the matter and when they are contracted to carry out that employment, that is exactly the same as a zero-hours contract? That was the situation that I was in, and I regret to say that his allegation was wrong.

Ian Murray Portrait Ian Murray
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The hon. Gentleman might be confusing self-employment with zero-hours contracts. It is particularly unfair for a Government Member to stand up and compare people on zero-hours contracts in the retail and home care sectors with those who work as barristers. That is not particularly helpful. It just shows how out of touch the Government are. I am sure that people watching this debate at home will draw their own conclusions from that, as many people in the Chamber have done.

I want to pay particular tribute to my hon. Friend the Member for Wirral South (Alison McGovern), who, along with a number colleagues, has produced a fantastic pamphlet on this issue. I would encourage the Minister—and, indeed, the hon. Member for Hexham—to read it and to look at the case studies and the conclusions about what is happening in the labour market. She gave us a lesson today when she said that no one should tell their boss that they had done nothing, and they should instead say that they had not done enough. I am sure that that is a lesson we will all be taking to the Leader of the Opposition the next time we speak to him.

The hon. Member for Burnley (Gordon Birtwistle) has spoken in the Chamber about employment rights on a number of occasions since I have been in this post. His description of Burnley conjured up a utopian dream, and I might even move there myself. He seemed to suggest that zero-hours contracts were working wonderfully there, and that they offered the solution to all evils. His contribution on the way in which the contracts are affecting the people of Burnley was slightly strange, given that they are seen in many other constituencies as having precisely the opposite effect.

The hon. Member for East Antrim (Sammy Wilson) suggested that zero-hours contracts gave managers an excuse to be lazy about proper planning, and he was absolutely right. When I ran my own business, I spent an extraordinary amount of time creating rotas to ensure that every member of staff had the hours that they were contracted to do. That was a major part of running my own business, and if I was able to do it, I do not see why other organisations should not be able to do it too. Zero-hours contracts are bad for business. I spent a lot of time ensuring that people were paid properly, and were doing their contracted hours so that they could pay their rent or their mortgage, but premises not far from me that had 15 people on zero-hours contracts were taking on only eight or nine of them to work on any particular day. That lack of a level playing field makes the economy uncompetitive.

My hon. Friend the Member for Sunderland Central (Julie Elliott) led a marvellous debate in Westminster Hall just before the summer recess. Everybody talked in it about the devastation that these contracts can inflict on our constituencies, particularly in respect of mortgage and rental agreements. Instead of slashing employee rights and making it easier for employers to fire rather than hire, as this Government have done, we should be looking at putting together a framework to make people more secure at work, which would indeed help the economy.

I ran out of having anything to note about the speech of the hon. Member for Mid Norfolk (George Freeman). He is not in his place, so I shall not mention it any more.

My hon. Friend the Member for Wigan (Lisa Nandy) is a passionate advocate for her own constituency, and she reminded us all of the disgrace whereby the Red Cross has had to feed people through food banks—for the first time in this country in 70 years. If that is not an indictment of the current Government, showing how bad they are, I do not know what is. She posed the interesting question of why anyone would want to be in a zero-hours contract, and my hon. Friend the Member for Wansbeck said exactly the same thing. If someone has an employment contract, why would they want it to say zero hours? My hon. Friend the Member for Wigan also raised the issue of job progression—a subject we do not talk about enough. People on zero-hours contracts cannot get the skills, training and job progression up to the next level that they need.

My hon. Friend the Member for Wrexham told us about his constituents’ fear of losing their job if they raised issues about these contracts. When people in the workplace are deciding whether to bring up such issues with their employers, their fear of doing so is widespread. My hon. Friend talked, too, about the demolition of people’s rights and the critical role of the partnership between trade unions and employers in this country. He reflected on the Secretary of State’s examples from the car industry, which show where that partnership has worked exceptionally well. The recent success of the car industry is a testament to the workers, the trade unions, the Government and, indeed, the employers all working together to achieve it.

The hon. Member for Dover (Charlie Elphicke) suggested no action, but said that the recent exploitation of these contracts is the real issue. We agree. There is no dispute between us on that—it is the exploitation rather than zero-hours contracts themselves that must be dealt with.

My close neighbour, my hon. Friend the Member for Edinburgh East (Sheila Gilmore), mentioned what is happening in the care sector in Edinburgh. I think we are all going to have to deal with this issue in future if people are to get the quality of care that they deserve.

Ian Murray Portrait Ian Murray
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I do not have time. I need to conclude to allow the Minister to reply—[Interruption.] The Minister is allowing me to give way, so I will.

Charlie Elphicke Portrait Charlie Elphicke
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I thank the hon. Gentleman for giving way. Unless it has escaped my attention, he has not mentioned the excellent speech of the hon. Member for Newcastle-under-Lyme (Paul Farrelly), who was authentic on this matter, having attempted to highlight it over a long period. He chided the Opposition for a lack of action when they were in government. Does the shadow Minister accept those criticisms?

Ian Murray Portrait Ian Murray
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I do not think my hon. Friend was criticising us for lack of action. His contribution was a powerful one about what should be happening across the whole of the labour market. We will work closely together on the solutions that need to be introduced. Indeed, the Leader of the Opposition has already proposed some solutions.

I forgot to mention that my hon. Friend the Member for Edinburgh East referred to text messaging as the new form of queuing up to find out whether there was work at the docks. We need to bear that in mind. I have seen examples of people finding out on mobile phones that there is “no work for you today”—a message sometimes sent only half an hour before the work was due to start. That cannot be viewed as acceptable.

Commentators have spoken about exploitative uses of zero-hours contracts and the fact that they are a lazy option for businesses, but the Resolution Foundation also found that people on zero-hours contracts earned on average £6 an hour less, so the problem is not only lacking hours of work, but what happens when the hours are offered. Case law about the mutuality of obligation needs to be investigated further. When zero-hours contracts are exploited, there is no mutuality of obligation when people go for work and when they have been given work. We need that issue to be dealt with clearly.

Let us return to what the Leader of the Opposition announced last month, which covers some of the issues raised about banning exploitative use rather than zero-hours contracts themselves. My right hon. Friend rightly spoke about banning employers from insisting that those on zero-hours contracts are available, even when there is no guarantee of any work; stopping these contracts that require workers to work exclusively for one firm, which the Secretary of State mentioned; ending the misuse of zero-hours contracts where employees are in practice working regular hours over a sustained period; and putting in place a code of practice that will allow people to use these contracts properly.

The cost of living crisis engulfing this country is made worse by insecurity in the job market. That crisis can be tackled only by ensuring that people are secure in their employment and are paid a proper wage for a proper day’s work. I hope that Members will support our motion.