PARLIAMENTARY DEBATE
Taylor Review: Working Practices - 11 July 2017 (Commons/Commons Chamber)
Debate Detail
The review sets out that British business is successful at creating jobs, enhancing earning power, and improving life chances across the UK. Employment rates are the highest since records began. Unemployment and economic inactivity are at record lows. More people are in work than ever before, and minimum wage rates have never been higher. This is a story of success that this Government will seek to sustain.
The UK economy’s continued success is built on the flexibility of our labour market, which benefits both workers and business. Businesses can create jobs and individuals can find work because our labour market regulation balances the demands of both. Minimum standards set a baseline beyond which there is flexibility to set arrangements to suit all parties. Our dynamic approach responds well to fluctuations in the economic cycle, without the structural weaknesses present in some other countries. It is important that we preserve this success but also enhance it further. While the majority of people employed in the UK are in full-time, permanent employment, globalisation, demographics and especially technology are changing the way in which we work. We need to make sure the British labour market stays strong and everyone in the UK benefits from it.
That is why last year the Prime Minister asked Matthew Taylor, chief executive of the Royal Society of Arts, to lead an independent review into employment practices in the modern economy. That review has now been published, and I am delighted to lay a copy in the House Library today. It is a thorough and detailed piece of work for which I am very grateful, not only to Matthew and his panel members but to the numerous businesses, trade unions, organisations and individuals who have provided their views on this very important topic.
The review has a strong, overarching ambition that all work in the UK should be fair and decent, with realistic scope for fulfilment and progression. Matthew has outlined seven principles to meeting that ambition. I urge hon. Members to examine those principles and the rest of the report in detail, since it is an important contribution to a crucial subject.
In summary, those principles are that our national strategy for work should be explicitly directed towards the goal of good work for all; that platform-based working offers welcome opportunities for genuine flexibility, but there should be greater distinction between workers—or, as the review suggests renaming them, “dependent contractors”—and those who are fully self-employed; that there should be additional protections for that group and stronger incentives for firms to treat them fairly; that the best way to achieve better work is through good corporate governance, good management and strong employment relations; that it is vital that individuals have realistically attainable ways to strengthen their future work prospects; that there should be a more proactive approach to workplace health; and that the national living wage is a powerful tool to raise the financial baseline of low-paid workers, but it needs to be accompanied by sectoral strategies, engaging employers, employees and stakeholders to raise prospects further.
This is an independent review addressed to Government. Although we may not ultimately accept every recommendation in full, I am determined that we consider the report very carefully and we will respond fully by the end of the year.
Matthew Taylor has been clear: the UK labour market is a success—the “British way” works. He has also said, however, that there are instances where it is not working fairly for everyone. For example, he highlights where our legislation needs updating or where flexibility seems to work only one way, to the benefit of the employer. We recognise the points made. We accept that as a country we now need to focus as much on the quality of the working experience, especially for those in lower-paid roles, as on the number of jobs we create, vital though that is.
This Government have made a commitment to upholding workers’ rights. The Prime Minister has said repeatedly, in this House and elsewhere, that as we leave the EU there will be no roll-back of employment protections. The Queen’s Speech also set out that this Government will go further than that and seek to enhance rights and protections in the modern workplace. Today’s publication of the “Good Work” review, and the public consideration of Matthew’s recommendations that will follow, will help to inform the development of our industrial strategy this autumn. I commend this statement to the House.
Today’s publication of the Taylor review was a real opportunity to overhaul the existing employment system in a way that would protect workers in a rapidly changing world of work. But, in the words of the general secretary of Unite, the biggest union in the UK:
“Instead of the serious programme the country urgently needs to ensure that once again work pays in this country…we got a depressing sense that insecurity is the inevitable new norm.”
Indeed, the Minister confirmed that she might not even accept all the proposals in the Taylor report, in any event.
Although the report is positive in sentiment in many areas, it misses many opportunities to clamp down on exploitation in the workplace. I do not have time to cover them all today, but I have specific concerns that the report may allow the Government to interpret references to the so-called dependent contractor in such a way as to allow them to row back on recent court victories for workers such as Uber drivers and those who work for Pimlico Plumbers.
Recent case law has suggested that a worker on a platform should be entitled to the minimum wage as long as the app is switched on and they are ready and willing to accept trips. However, the review suggests that the platform may insist on payment by piece rate, such that only an average driver, working averagely hard, will earn 1.2 times the minimum wage. That raises issues of enforcement and regulation—what constitutes a reasonable piece rate across platforms?—and it is something of a retreat from the common law position. Will the Minister confirm that the Government will not undermine workers’ rights on the minimum wage in that way? Founder of Pimlico Plumbers and Conservative donor Charlie Mullins said this morning that the report holds Pimlico Plumbers up as an example of
“best practice in the gig economy.”
This is a company that our judicial system has found to be an example of worst practice.
The report does very little to strengthen the enforcement of workers’ existing rights. Although Taylor agrees with Labour’s position on shifting the burden of proof to employers in determining self-employed status, the report does little else in that area, and it needs much more work. There is, for example, no movement at all on employment tribunal fees, which are a barrier to justice for many workers.
If the Prime Minister wanted ideas on strengthening workers’ rights, she could just have come to us. Just four of our manifesto commitments would go a long way to ending the scourge of exploitation in the gig economy: giving all workers equal rights from day one; strengthening the enforcement of those rights by beefing up and better resourcing Her Majesty’s Revenue and Customs, rather than imposing pernicious cuts, and by allowing trade unions access to every workplace; abolishing employment tribunal fees; and fining employers who breach labour market rights and regulations.
In the spirit of the so-called collaboration that the Prime Minister is so desperately seeking, will the Minister commit today to implementing those four simple measures, as a start? If not, will she accept that the Conservative party is not, and never will be, on the side of working people?
I will not comment on each of the recommendations that the hon. Lady raised, because they are Matthew Taylor’s suggestions and, as I have said, they will be given due consideration. She criticised the Government’s record, so I would like to remind her that this Government have introduced the national living wage and presided over the minimum wage reaching its highest rate, in real terms, since its introduction. The wage increases in the last year have been highest among the lowest paid, thanks to the national living wage. We have nearly doubled the budget for the enforcement of the national living wage. We have doubled fines for companies that underpay their employees. We have banned the use of exclusivity clauses in zero-hours contracts. We have done all that against the backdrop of protecting the growth in employment, which is, at almost 75%, at its highest level since records began.
Our record is one of achievement. The hon. Lady criticises us for enacting the Trade Union Act 2016, but most reasonable people would not criticise the idea that workers who are members of trade unions should have a proper say when their union decides to take strike action. That is the primary purpose of the legislation.
It is not all a garden of roses, otherwise the Prime Minister would not have requested Matthew Taylor to undertake the report. The Prime Minister said, when she announced Matthew Taylor’s investigation, that flexibility and innovation are vital parts of what make our economy strong, but it is essential that those virtues are combined with the right support and protections for workers. The Taylor review came to understand that flexibility does work for many people, and it is clear that an agile labour market is good for protecting employment.
Today’s response to the Taylor review from the Government tells us everything we need to know about their frailty and approach to workers’ rights—a weak set of proposals that probably will not be implemented and a set of talking points that leaves the balance of power with employers and big business. It was interesting that neither the Prime Minister nor the Minister mentioned or commended the role of the trade unions in securing fair rights at work. Does the Minister agree that a “right to request” is different from a fundamental right enshrined in law? If a request is refused, what enforcement action will the Government take to force employers to do better?
Does the Minister accept that the report makes no distinction between a flexible workforce and the exploitation of that workforce? Does she also agree that while the Taylor report tries to propose new rights, some of those rights have been secured by trade unions taking employers to court, as the shadow Minister suggested? Can the Minister tell us what action the Government will take to enforce minimum wage payments when 200,000 workers in the UK are not paid the minimum wage? Will the Government advertise rights at work services, such as the Equality and Human Rights Commission, and does the Minister agree that it is time for a fair rights at work Act to guarantee fundamental rights at work?
I welcome the Prime Minister saying that there will be no roll-back of workers’ rights, but let me just say that those words are rather a departure from my experience of the Conservative position when I was Liberal Democrat Minister for employment relations in the coalition. I know that the Minister is genuine on this important issue, and it is a thoughtful report of more than 150 pages. As she prepares the Government’s response to the report, will she commit to consulting widely across the House through debates and speaking to the Select Committees on Business, Energy and Industrial Strategy, on Work and Pensions, and on Women and Equalities, to get the right response?
“We must equip our children and young people to enter the labour market successfully, but Government, employers and individuals also need to make sure everyone is best placed to thrive throughout what might be a working life spanning 50 years or more.”
How do the Government square that with the previous Prime Minister’s policy of stopping compulsory work experience in schools, which in its first year led to a drop of 60,000 work experience placements in our schools across the country? Will she look at that again?
“Our welfare system is a cruel mess”?
On universal credit, he said that
“no one outside Government thinks it will make the system fairer…There is a better way. A universal basic income…can improve incentives and rewards for work, increase human freedom and dignity”.
Will the Government consider his conclusions?
“we have to examine why, with employment levels at record highs, a significant number of people living in poverty are in work.”
For as long as I have been here, when Members have asked questions about poverty, it has been the Government’s practice to respond with statistics about employment and unemployment. Will they now finally accept that such a thing as in-work poverty not only exists, but is a brutal fact of life for millions of people on these islands?
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