Fire and Rehire

Kate Osborne Excerpts

Tuesday 27th April 2021 Westminster Hall

[Kate Osborne (Jarrow) (Lab)]

I beg to move,

That this House has considered fire and rehire practices.

It is a pleasure to serve under your chairmanship, Mrs Murray. This debate has been oversubscribed, which I think says something about the strength of feeling and the level of anger at this appalling practice. I thank all hon. and right hon. Members for taking part today. One cannot help but notice the lack, or rather the complete absence, of Conservative MPs from today’s call list. I do hope this is not a reflection on how seriously the Government take this issue, but I suspect that is the case. Perhaps the Minister can prove me wrong.

I would like to pay tribute to the workers of our country—the women and men who have battled so hard throughout the past 14 months to keep the country going in the face of covid-19. Many workers have lost friends, colleagues and family members to this terrible virus, and now at least one in 10 of them face a further pandemic of opportunistic employers using covid-19 as a cover to dramatically reduce workers’ pay and terms and conditions. Fire and rehire is a process that involves sacking workers and hiring them back on lower wages and worse terms and conditions—a practice that, according to research published earlier this year by the TUC, has had a disproportionate impact on black, Asian and ethnic minority workers, young workers and working-class people.

However, fire and rehire is not new. In 2009, the Confederation of British Industry boasted of using the financial crash to establish a so-called flexiforce, in effect using economic uncertainty as a cover to replace permanent workers with flexible workers. The economic uncertainty stemming from the pandemic has provided another opportunity for big business to shift power even further away from workers so that they can boost long-term profits for shareholders. These are some of the same companies that have made use of public money through the Government’s job retention scheme.

Fire and rehire must not be allowed to continue. Workers should not be forced to choose between losing pay or losing their jobs. Parliament must act urgently to outlaw this form of industrial blackmail. That is why I, along with my union Unite, am calling for fire and rehire to be included in next month’s Queen’s Speech, either in the Employment Bill or as stand-alone emergency legislation. It is a national emergency and disgrace that one in 10 workers are currently threatened with a practice that, in the words of the Prime Minister, is “unacceptable” and in the words of the Minister here today is “bully boy tactics.” I am not entirely convinced that the Prime Minister knows what fire and rehire is or what it is doing to thousands of workers across the UK.

Fire and rehire is not a new phenomenon but it has gained prominence because of the conduct of many major employers, such as British Airways, Heathrow airport and British Gas, some in circumstances that they claim to be justified by the covid pandemic. The practice has highlighted how weak the current unfair dismissal laws are in this country and how they need to be strengthened.

I take this opportunity to highlight the example of my constituent Matthew from Hebburn, who is one of many of my constituents who have been affected by fire and rehire. Matthew had worked for British Gas for 16 years. He was an exemplary worker, once proud to drive his blue van, who would have been happy to see out the rest of his working life with the company. He is now newly self-employed, having been one of the 300 to 400 staff who lost their jobs for refusing to sign up to new contracts, terms and conditions imposed by British Gas for nothing more than corporate greed.

Despite making more profit than in the previous year, British Gas has used the pandemic as a cover to impose a “take it or leave it” 15% pay cut and other changes that have affected the time their workforce spend with their families, by making the working week three hours longer. That is a whole month of additional labour added to the year.

Last year British Gas issued Matthew with a fire and rehire ultimatum, giving him and his colleagues a deadline of 23 December. They were told that if they did not agree with the terms offered, worse terms would be forced upon them. This deadline was pushed back until 25 March. Matthew refused to be bullied by British Gas and was therefore given his notice on Monday 29 March. I send solidarity to Matthew and all other workers.

What has happened to loyal workers like Matthew at British Gas is an absolute scandal. It shows utter contempt for the loyalty many have shown for much of their working lives. British Gas, Centrica and their chief executive officer Chris O’Shea should be ashamed of this reckless corporate bullying. It is sad to see what has happened to British Gas, once a nationally respected institution but now a poster boy for the virus of poor employment practice that is spreading like another contagious deadly disease across the UK.

In London, staff at Goodlord were given a choice to take a pay cut or become unemployed. Goodlord asked staff to take a contract with a lower rate of pay, which is below the London living wage.

In Manchester, Go North West drivers have been on an all-out strike for over 50 days against cruel fire and rehire abuses by bosses. The company wants to fire and rehire its drivers and force them to work longer for no additional pay, while also cutting sick pay for drivers with more than five years’ service.

In Loughborough, global field service engineers employed by Brush Electrical Machines, owned by Melrose, are being balloted for strike action in response to fire and rehire pay cuts of up to £15,000. The proposed contracts include reductions to overtime rates, allowances and holidays. The engineers have been threatened with redundancy if they do not sign the new contracts, which will leave them on pay rates well below industry standards.

In Oxfordshire, Jacobs Douwe Egberts will stop workers from taking summer holidays to thwart an overtime ban, starting on 1 May, in an ongoing fire and rehire dispute. My own union Unite is representing its members in all these disputes, but the problem goes much deeper and will only grow if the job retention scheme comes to an end.

Last year, the Government asked the Advisory, Conciliation and Arbitration Service to produce a report on the full extent of fire and rehire, which was received by Ministers on 17 February. Despite numerous pledges to release the report and respond to it, the Government are still dragging their feet, leading us to wonder what ACAS has written that the Government do not want us to read.

On 23 March, I asked the Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Derby North (Amanda Solloway), during Business, Energy and Industrial Strategy questions if she could confirm when we would get a chance to see the ACAS report. The Minister told me that the Government find the practice of fire and hire “unacceptable”, but could not give me a date or time when the ACAS report would be released. Here we are, one month later, and the Government are still dragging their feet on this. I hope the Minister will tell us today when the Government intend to make the ACAS report available, because they certainly appear to want to bury it.

We have heard a lot from this Government about levelling up and how Brexit will give us the opportunity to have higher standards across the board. Now is the Government’s chance to prove that they are serious about that. They must understand that well-paid, secure work is good for the economy, and greater security for workers would mean a stronger and quicker recovery. Our friends across Europe understand this. The practice of fire and rehire is already banned in Ireland, Spain and France, and is seen as unacceptable in other competitor economies, where Governments step in to defend their workers. Last week, the Government moved quickly to stop the European super league in its tracks. It showed that they can make things happen when they want to—and feel that they will get a popularity bounce off the back of it.

The Government have made all the right noises about fire and rehire, but so far have done absolutely nothing about it. I hope the Minister will tell us when the Government will back up their words with action and act to outlaw this immoral practice. If this Government are serious about levelling up and raising standards, they must commit to ending fire and rehire once and for all. I hope to see that in next month’s Queen’s Speech, either in the Employment Bill or in stand-alone emergency legislation.

[Mrs Sheryll Murray (in the Chair)]

This debate is very over-subscribed, so I suggest that the first speaker takes four minutes and the rest take three minutes. If that is the case, everybody should be able to get in.

--- Later in debate ---

[Kate Osborne]

I thank everybody for their contributions today to what was a really good debate, with some very powerful speeches. Anger at the injustice of fire and rehire has shone through every contribution, without a single word of support for this awful practice. I wanted to touch on a few of the points that have been made, but unfortunately, time does not now allow that.

I thank the Minister for his response, but I say to him that the Government need to act now to end fire and rehire. This shameful practice is taking advantage of a pandemic to strip workers of their hard-fought terms and conditions. He says that we need to tread carefully, but the problem is that people are being trampled over, and I do not accept that we need more debate on this issue, because there is no question of right or wrong here. He says that the Government are always on the side of working people, but I am afraid that is just more empty words, because that is not what I see. Where is the evidence that that is the case?

The Government can no longer ignore the damage done by fire and rehire. If, as they say, they feel it is unacceptable and bully-boy tactics, then they need to show this through actions, not words. Two e-petitions have obtained over 14,000 signatures so far, one of which has over 10,000 and, as such, requires a written response from the Government, which I understand is something else that is still waiting to be received. Our trade unions and their members have done a fantastic job in protecting workers, and they continue to do so. However, I say to the Minister and his Government that we need them to do the right thing and the decent thing, and bring forward legislation next month.

Motion lapsed (Standing Order No. 10(6)).