Statutory Sick Pay and Protection for Workers

Rachael Maskell Excerpts

Wednesday 18th March 2020 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

We conclude this debate on statutory sick pay and protection for workers at a time of immense uncertainty, as we are witnessing an implosion in our labour markets and people’s lives being turned upside down. As we have long feared, those in the most insecure work have little resilience to weather this storm. As we speak, thousands of people are being laid off, falling into hardship and fearful for their future. We cannot let the story of coronavirus also be the one about avoidable poverty, so, today, Labour is highlighting how Government must take a far more robust approach to create the safety net that we all need.

The Government have said that no one should be penalised for doing the right thing, yet without stronger underpinning of statutory sick pay and employment and wage protection, many will be plunged into serious debt, unable to pay their rent, their bills and even for their food, as my hon. Friend the Member for Reading East (Matt Rodda) set out.

I will, if I may, start with workers’ protection. We need all workers to be kept safe and to be protected from contracting coronavirus in the first place. Employers must maintain their duty of care. Too few workers still have access to appropriate PPE, as my hon. Friend the Member for Ilford North (Wes Streeting) set out while paying tribute to NHS staff, and I endorse what he said.

Yesterday, community pharmacists in my constituency highlighted to me how they have now become the frontline of healthcare, and yet they only had a tiny stock of plastic pinnies, gloves and masks. Tradeswomen and men such as plumbers will need to carry out urgent home repairs so will also need protection. Care staff need to be provided with PPE and not expected to pay for it themselves.

Workers must never feel that they have to choose between health—their own and that of others—and hardship. Even after yesterday’s announcement, they were offered little comfort. I have three asks on SSP, isolation leave pay and families’ and carers’ leave. First, no worker should be excluded from statutory pay protection for sickness or isolation no matter their employment status—employee, worker, self-employed, office holder or limb (b) workers. This should also apply no matter what a person earns, which is why the lower earnings limit must go, and no matter whether a person has already taken 28 weeks SSP. All who work should have statutory pay protection for sickness and isolation from day one.

If people are required to stay away from work, or are staying away to protect their health due to existing underlying health conditions, they should not be penalised and neither should their family members be penalised, as my hon. Friend the Member for Sefton Central (Bill Esterson) set out. Life must come first. We also need these measures to reach beyond the narrow application of coronavirus. People will be isolating because they have signs of the virus, but not the virus itself. Vulnerable people are at risk from all communicable diseases and so the application of the measures needs to apply to all sickness and isolation absences. While many companies are establishing full pay for those sick and in isolation, others are not. This inequality must be addressed. Universal credit is no substitute, as my right hon. Friend the Member for East Ham (Stephen Timms) and my hon. Friend the Member for Newport West (Ruth Jones) highlighted with their experience, and, as we have heard in the debate, it pays even less than SSP and takes five weeks to process. I am grateful to my right hon. Friend, who set out the plight of those who have no recourse to public funds; that must be resolved.

Simple changes to section 16 of the Health and Safety at Work etc. Act 1974 and section 64 of the Employment Rights Act 1996 would ensure that all workers were fairly remunerated and did not experience hardship; with the underpinning of statutory sick pay UK workers would be protected to levels we are seeing elsewhere.

Secondly, as life must come first, to reduce a worker to poverty levels of statutory sick pay at just 18.4% of the average wage will not be sufficient for those forced to make a choice between health and hardship. We cannot afford for anyone to go out to work if the determination is that they should isolate or are sick, but if they are battling to keep their head above water financially, they may lessen the severity of their sickness to justify just to themselves that they are not really a risk.

At a time when other countries are significantly raising their statutory sick pay, the UK, which pays the lowest rate of statutory sick pay compared with the EU27 countries, must now ensure that statutory sick pay provides vital protection. The TUC has highlighted how the real living wage is the right benchmark when full pay is not paid. Many in today’s debate across the House, including my hon. Friends the Members for Leeds North West (Alex Sobel) and for Ilford North, have highlighted the opportunities a universal basic income would provide. The Prime Minister earlier said that he is willing to look at that, and he must.

In light of the possible scale and duration of isolation and sickness expected to be taken, the £1 billion package announced by the Chancellor is totally insufficient. Will the Secretary of State return to the House this week and confirm that she will, through a poverty prevention measure, ensure that statutory sick pay is paid to take away the additional fear of financial hardship, so people will be able to pay their rent bills and fuel and food? Without this significant shift, people will be dependent on other sources of income support, perhaps food banks and other charitable support. However, we know that these are areas in themselves experiencing major challenges at this time. The infrastructure to underpin this completely avoidable poverty is so fragile, so statutory pay must rise.

Thirdly, parents and carers are also facing new challenges as they are having to significantly change their lives. No one should be denied the right to meet family and carer needs at such a time as this, so will the Secretary of State ensure that taking leave for family emergencies and for care provision becomes a right—not a right to ask, but a right to get—and that people remain fully remunerated while doing so? While most employers will be accommodating, this is a critical time, and we need to ensure all parents and carers are supported in this national effort.

I further want to raise the issue of pace. While welcoming the Chancellor’s announcement that he will work with trade unions and businesses to provide wage protection, this needs resolving now—this week. If Denmark and other countries have brought forward a scheme of wage protection, there is no need to reinvent the wheel; we can deliver a scheme through the emergency legislation being laid tomorrow. As my hon. Friend the Member for Leeds West (Rachel Reeves) said, if it is good enough for workers in other countries, it is good enough here.

Denmark’s first coronavirus case was on 27 February and New Zealand’s first case was on 28 February, and they have developed and delivered support already. The UK’s first case was on 31 January, and we still have nothing to protect people’s incomes. People are losing their jobs now, and it could be avoided; it must be avoided. Employers need confidence that the Government will deliver a package of wage substitution; workers need confidence that they will not face poverty. We need interventions now so that jobs can be saved.

Many workers, where there is a cessation of work through this crisis, may step up in the national effort to provide vital services elsewhere in the economy, for instance in health and care. They will be doing the right thing, so can the Secretary of State ensure their position in their substantive jobs is protected when they return so that like someone returning from maternity leave, they will be able to return to the job they left?

I endorse my hon. Friend the Member for Stockport (Navendu Mishra) in highlighting the extended role that others such as postal workers can play. I urge the Government to meet the CWU and to explore that terrain further.

The last few days have exposed the weaknesses in zero-hours contracts—workers who are reduced to zero hours, yet must still be available to work. Those workers are desperate. Some 1.87 million of them will not qualify for statutory sick pay, and 70% of those people are women. I ask the Secretary of State to end this insecurity in work. All workers need security, not least at a time such as this. Will she move to ensure that all employment become substantive, and that workers are placed on proper contracts underpinned by the same securities afforded to all employees?

Workers and employers are being called upon to take extraordinary steps to protect our country from the worst aspects of covid-19. They need a Government who recognise all the challenges they face, and who will provide the full protection that they need. The Chancellor promised to do this, so will the Secretary of State ensure that all the holes that continue to exist in the safety net are closed, with the publication of the emergency legislation. Will she ensure that workers get the support they need to save them from hardship? All these things are political choices. Making the right call today may save us from the worst aspects of an economic crisis, and reset the dial for a fairer and more equitable country to come.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 7th October 2019 Commons Chamber

[Guy Opperman]

My hon. Friend makes the good point that hundreds of thousands of people have been helped into work, but more particularly this is about the difference between the current system and the legacy system: we now have a dedicated work coach and personalised support; we have scrapped the 16-hour cliff edge; there is more help with childcare; and we have given additional support that was never there under the legacy system.

[Rachael Maskell (York Central) (Lab/Co-op)]

20. A young constituent of mine could not afford to go to his UC appointment, was sanctioned and then lost his home in York’s resettlement project and ended up on the streets. We were told that the Government would fix the problems with UC as it was being rolled out. Why have the Government not stuck to that commitment?

[Guy Opperman]

If the individual case is sent to the Minister with responsibility for UC, they will take that up and respond accordingly.

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[The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)]

I thank my hon. Friend for raising this issue. In the middle of last year, there were 63 new mentoring circles in operation. The circles originally focused on the race disparity audit, but they are now being rolled out across the country, as was agreed last January. I recently met the members of one circle in Basingstoke, where they were having a real effect on local young people who know what is around them. Mentors, businesses and employers can do a great deal to change young people’s lives locally.

[Rachael Maskell (York Central) (Lab/Co-op)]

T5. Childcare in York can cost more than £1,000 a month, and those on universal credit are being asked to pay that amount upfront. What is the Secretary of State doing to ensure that providers have the resources that they need and claimants are not having to pay?

[Will Quince]

Childcare provision is far more generous under universal credit than it was under the legacy benefits system. Another recent change is that the flexible support fund can now be used to pay deposits or first month’s payments.

Child Maintenance Service: Payment Recovery from Absent Parents

Rachael Maskell Excerpts

Wednesday 2nd October 2019 Westminster Hall

[Peter Grant]

Absolutely, and I will come on to some of the new powers that have recently been given to the Child Maintenance Service. Although those powers are draconian, there will be instances when they have to be used. Deliberately concealing income from people who you know want only to provide for your children should be a criminal offence. It is not a matter for the civil courts or for civil adjudication. If someone falsifies their tax returns, they go to jail, so if they falsify returns provided to assess their financial liability for their own kids, they should also go to jail.

[Rachael Maskell (York Central) (Lab/Co-op)]

I have a constituent who has not received payment for years. Their former partner has moved home and jobs, and keeps changing bank account. They also disposed of two properties, yet that money is untraceable. Surely people should not be able to open new bank accounts if they owe all that money.

[Peter Grant]

Again, I entirely agree. I have had female constituents who use one name in their family and one in their professional work. They have difficulty opening two bank accounts, so it seems strange that others are able to get away with opening bank accounts all over the place.

Last year the powers available to the Child Maintenance Service were extended. I found it concerning to read the evidence submitted to the Work and Pensions Committee in 2016, because it seemed that the Department for Work and Pensions did not understood the difference between collection powers and enforcement powers. The DWP can implement collection powers immediately through the Child Maintenance Service—it does not need anybody’s permission—but enforcement powers are more severe and need the consent of the courts. If those who write the evidence for a parliamentary Select Committee are vague about the distinction between those two powers, it is no wonder that parents and children who are waiting for their money sometimes get confused about what the powers are.

Some powers that the Child Maintenance Service has should not be allowed as a form of debt enforcement, and even in certain cases I do not think that imprisoning someone for not paying their dues is acceptable. It should be an imprisonable offence if somebody falsifies information, but not if they refuse to pay money that has been established as owed. I certainly would not want any seizing of property, warrant sale or auction to happen in Scotland. One of the first private Members’ Bills put through the Scottish Parliament was to outlaw what I believe to be a barbaric practice. In a civilised country, there are other ways to carry out debt collection, without such draconian and barbaric actions. For example, we could restrict someone’s ability to open new bank accounts.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 1st July 2019 Commons Chamber

[Justin Tomlinson]

I would be happy to meet my hon. Friend. We work closely with stakeholders to look at how we can continue improving the system, but I repeat that we are now spending an additional £6 billion and that a significantly higher rate of claimants are now on the highest level of support, and rightly so.

[Rachael Maskell (York Central) (Lab/Co-op)]

T7. With the childcare element of universal credit being paid in arrears, many people, particularly women, face a real barrier to entering work. Will the Secretary of State look at either paying that element in advance or paying for the first month of childcare for free so that all parents can access the employment market?

[Amber Rudd]

I thank the hon. Lady for raising this question, and I am mindful of the Select Committee report that addressed some of it. We have now made changes so that women going into work for the first time from benefits—either universal credit or a legacy benefit—will be able to access advance payments for that first month so that they do not have to find the money themselves. I am making sure that work coaches have more independence to support people back into work; that is one of the changes I have made.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 13th May 2019 Commons Chamber

[The Minister for Employment (Alok Sharma)]

Yes, I will of course meet the hon. Lady.

[Rachael Maskell (York Central) (Lab/Co-op)]

According to the Joseph Rowntree Foundation, 1.9 million pensioners now live in poverty, which is a complete disgrace. Given that 46,000 pensioners died prematurely last year, why has the winter fuel allowance not been increased for more than a decade?

[Guy Opperman]

It is not specifically the case that pensioners are in poverty compared with previous records, which show that pensioner poverty is coming down. I will write to the hon. Lady in respect of her specific point about the winter fuel allowance.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 18th March 2019 Commons Chamber

[Guy Opperman]

My hon. Friend makes two points. The first is that auto-enrolment is a massive success in Tewkesbury, with 23,000 men and women now saving up to 5%—going up to 8% in April—for their long-term retirement. In addition, on fuel poverty, he will be pleased with the warm home discount scheme, which supports over 2 million low-income and vulnerable customers each year with direct assistance with their costs. However, I accept that there is always more that we can do.

[Rachael Maskell (York Central) (Lab/Co-op)]

According to the Joseph Rowntree Foundation, one in six pensioners now live in poverty. Last year, 46,000 pensioners died prematurely, and the winter fuel allowance has not been increased for 15 years, so what is the Minister doing about that? The Government are cutting pension credit for couples at the same time.

[Guy Opperman]

The reality is that pensioner poverty is at an historically low level. The hon. Lady will be aware of the 12 million winter fuel payments, at a cost of £2 billion, with £200 for households with someone who has reached state pension age and £300 for households with someone who is over 80. In addition, there is the warm home discount support I just outlined.

Recognition of Fibromyalgia as a Disability

Rachael Maskell Excerpts

Tuesday 15th January 2019 Westminster Hall

[Toby Perkins]

I could not agree more with my hon. Friend. I think that there are many hon. Members here for the debate, on such an important day in Parliament when there are many alternative demands on our time, because we have had a powerful experience of what our constituents go through.

[Rachael Maskell (York Central) (Lab/Co-op)]

Does my hon. Friend agree that the fluctuating nature of fibromyalgia means that the DWP system is not sensitive enough to respond to the challenges faced by those who experience the condition?

[Toby Perkins]

I agree, and I think that that hints at a wider problem in the benefits system assessment regime, which finds it difficult to deal with fluctuating conditions, whether mental health conditions or muscular problems along the lines of fibromyalgia, that are better on some days, or manageable with a huge amount of medication, so that people can get out of the house and may appear better than usual on the assessment day.

--- Later in debate ---

[Toby Perkins]

I do. My hon. Friend will be pleased to know that I will be hot-footing it from this debate to health questions, where I have tabled a question about diagnosis of fibromyalgia in general practice. Other hon. Members might wish to leap on the back of that question and make their own contributions, and the one that my hon. Friend has just made is powerful. There is variability of diagnosis, and I have met a number of different sufferers who have had different kinds of treatment and, as a result of the treatment they have had, present very differently now. That is something I have seen with my own eyes.

Even with all the medical advancements that have been made, fibromyalgia is a condition without a known cause or a known cure. There are many factors thought to contribute to the condition, including abnormal processing of pain due to chemical changes in the nervous system or imbalances in chemicals in the brain such as serotonin, dopamine and noradrenaline. The condition often appears to run in families, suggesting that there is a genetic predisposition to it and, as we have just heard from the hon. Member for Carmarthen East and Dinefwr (Jonathan Edwards), stressful events can be a trigger.

Many people who are concerned that general practice training, which by its very nature is general, is inadequate on fibromyalgia and that that is a cause of the delays in diagnosis. The petition also calls for greater research into fibromyalgia. With over 70,000 diagnosed patients having made claims for PIP, it is clear that this is a widespread problem, but that number is estimated to understate the number of fibromyalgia sufferers by at least 90%.

[Rachael Maskell]

Does my hon. Friend agree that it is vital that there is a clinical specialist in fibromyalgia within each health economy, whether that is led by a general practitioner or a specialist practitioner, to support people with fibromyalgia right through the pathway in accessing services and in managing their own healthcare?

[Toby Perkins]

I recognise that, and I also recognise how stretched our national health service is more generally and the need for us to have that specialist help as early as possible. One thing that is becoming clear is that the delay in diagnosis allows the condition to get worse, which adds to the cost of treating it further down the line. Anything that can be done to speed up the diagnosis will have many economic benefits, as well as medical ones, down the line.

While the suffering and economic cost of treating and supporting fibromyalgia sufferers is so large and the knowledge base on what causes it and how to treat it is so small, this is an area that is ripe for further research. In the Library note we received before the debate, we were told that in the past five years, funding applications for around £1.8 million worth of research were approved. In a single year—I appreciate why this is a false comparison, but it provides some context none the less—the UK spends over £400 million on cancer research. Of course, I do not for a second underestimate the value of research into cancer, but given the problems that fibromyalgia causes and how long patients will live with it, surely we should be spending more than 0.5% of the investment into cancer research on researching the grave and widespread menace that is fibromyalgia.

ESA: People with Motor Neurone Disease

Rachael Maskell Excerpts

Wednesday 11th July 2018 Westminster Hall

[Stephen Twigg]

I was not aware of that change in Scotland, which sounds an excellent way of addressing the issues I will come on to. I will also set out suggestions from the MNDA regarding Department for Work and Pensions policy.

[Rachael Maskell (York Central) (Lab/Co-op)]

My hon. Friend is making an excellent speech. I was a physiotherapist working in neurology, so I have a good understanding of motor neurone disease. It is crucial that individuals are able to live their lives to the full in the time that they have, as opposed to facing the barriers put in place by the benefits system. Does he agree that welfare should be support, rather than a battle all the way, as it currently is?

[Stephen Twigg]

My hon. Friend hits the nail on the head. It is about supporting people and their families through what are, by definition, the toughest times of their lives, and about ensuring that there are no unnecessary barriers to their living the most fulfilling life they can.

I will briefly set out the basis of ESA, which will enable me to make my argument about reassessment. ESA is a benefit for adults with long-term disabilities or medical conditions that affect their ability to work. It is conditional, so some claimants have to take part in work-related assessments to claim their benefits; and it has two tiers—the work-related activity group and the support group. The work-related activity group is for those claimants whom the Department considers capable of working again at some point in the future. People in that group typically receive less financial support than those in the support group and are expected to undertake regular work-related activities with an adviser. Roughly half a dozen people with MND are in that tier.

The second tier is the support group, which is for those whom the DWP considers to have a limited capacity to work. It includes people who have almost no prospect of working again in the future because of their disability. These claimants tend to receive a higher level of support and do not need to undertake the same work-related activities to guarantee their benefits. It is estimated that approximately 600 people with MND fall into that tier.

When applying for ESA, claimants must undergo a work capability assessment, which is used to determine which tier claimants are streamed into. Reassessments are common, to ensure that people are correctly tiered. The maximum amount of time between reassessments is two years.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 2nd July 2018 Commons Chamber

[Ms McVey]

I will indeed join my hon. Friend in thanking his team. I also thank him for what he has personally done in his local area, working with Alex Coull, the work coach team leader, and his team. They have done an excellent job, engaging with stakeholders from North Devon Homes, North Devon Council, Citizens Advice Devon and North Devon+. That is the sort of work that all Members of Parliament can do to ensure that universal credit is rolled out safely.

[Rachael Maskell (York Central) (Lab/Co-op)]

19. Increasingly, my constituents are finding that elements of their benefits have been withdrawn—because there is less money in the bank—before the DWP has sent the decision letter. When they phone the helpline, they are told that, as a decision letter has not been sent, the adviser cannot discuss anything with them. A month later the letter arrives, with an explanation of their right to appeal. Will the Secretary of State put her house in order, and ensure that claimants are the first and not the last to know?

[Ms McVey]

I thank the hon. Lady for raising that case. It would be good to meet her. I have surgeries every Monday in the Tea Room, and if she would like to raise a personal case with me, I ask her please to do so. We can go through the case and see exactly what happened.

Oral Answers to Questions

Rachael Maskell Excerpts

Monday 26th March 2018 Commons Chamber

[Mr Speaker]

Very fleet of foot.

[Rachael Maskell (York Central) (Lab/Co-op)]

3. If she will take steps to ensure that personal independence payments claimants who have been diagnosed with degenerative medical conditions do not have to undertake a disability assessment.

[The Minister for Disabled People, Health and Work (Sarah Newton)]

Assessments are important, so that people who need support receive the right level. Where there is enough existing evidence to determine benefit entitlement, claimants do not need a face-to-face assessment. We are committed to continuously improving PIP, so that those with degenerative diseases get the support they need in a timely fashion.

[Rachael Maskell]

People with degenerative neurological conditions, such as motor neurone disease, are still being called for PIP assessments, which is degrading and causes much distress. Will the Minister therefore ensure that the practice ends immediately, so that people’s dignity can be restored?