Joanne Cairns and Liron Velleman gave evidence.

We will now hear oral evidence from Joanne Cairns, head of research and policy at the Union of Shop, Distributive and Allied Workers, and Liron Velleman, head of politics at Community. This session can continue until 12.40 pm.

Q I am sure you are aware that the independent Regulatory Policy Committee has found the impact assessments on the Bill to be, in its words, “not fit for purpose”. Are you concerned that the impacts of the Bill on your members, or indeed on the wider economy, have not been properly assessed?

I should have asked you to very briefly—in a sentence—introduce yourselves. Will you do so at the start of your answers? Thank you.

Joanne Cairns:

I am Joanne Cairns. I am the head of research and policy at USDAW, which represents over 360,000 members, mainly in the retail sector, but we also have members in distribution, food manufacturing, pharmaceuticals and a number of other sectors.

We do not share the concerns about the impact assessments. We think that the impact assessments demonstrate the impact of the Bill. There are obviously areas that need further clarification, which will be looked at through consultation. In terms of the impact on our members, we believe that it will be extremely positive, particularly for low-paid workers and women workers. The TUC analysis estimates that the reforms in the Bill will benefit the wider economy by over £13 billion a year, which it considers to be a conservative estimate.

Sorry, £30 million?

Joanne Cairns:

No, £13 billion. That was one of the more conservative estimates in the range that it looked at. That would be through reducing workplace stress, improving staff wellbeing, resolving disputes, reducing workplace conflict and increasing labour market participation.

Liron Velleman:

My name is Liron Velleman. I work at Community union as the head of politics. We represent about 45,000 members across the economy, from steels, metals and manufacturing to the justice sector, education and early years, and the self-employed. Of course, we would always welcome any more evidence to show why the Bill would impact our members positively. Our members have been crying out for this change for the last 14 years, and even longer than that. It is important that we continue to make sure that the Bill does what it says on the tin, which is to make work pay but also to make our members’ and their families’ lives better.

Q On Tuesday, we heard a witness from a different trade union say that the Bill will lead to the re-unionisation of the economy. Do you concur with that assessment? If you do not, or perhaps even if you do, are there any areas in which your unions feel the Bill should actually be going much further?

Liron Velleman:

At Community, we are confident that the Bill would represent a positive step for our existing members and would allow for greater coverage of trade union membership across the sectors we work in. For example, in the third sector or in education and early years—especially in early years, where, in some of the private provision of nurseries and early years settings, there is not currently as much trade union coverage—the Bill would make it easier for people to join a trade union and see the benefits of membership. On whether it would bring full unionisation of the economy, I am not sure it would necessarily go that far, but some of the onus is on trade unions to make sure that we are delivering, in a modern way, the best way for working people in this country to understand the benefits that they could receive by joining one of our unions.

Joanne Cairns:

I agree with Liron. We have good relationships with a number of major employers where we are recognised. You heard earlier from the Co-op. We are recognised there and by a number of other major employers. However, across the retail sector, trade union membership is currently at around only 12%, which is a similar level to the rest of the private sector. Very often, the reason people have not joined a union is simply that they have not had the opportunity to find out about what a union does—nobody has ever asked them to join a trade union. We think that the rights that the Bill will bring in around access to workplaces will be particularly important. The Bill will also simplify the statutory framework around recognition, which is currently extremely burdensome and makes it very difficult for trade unions to gain statutory recognition, particularly with larger employers.

Q Good morning. One of the issues the Bill is trying to tackle is the level of insecurity at work. Could you explain a little bit about how the current framework impacts your members in terms of insecurity?

Joanne Cairns:

Across the whole economy, precarious employment is a major issue. There is clearly a need for policy intervention in the labour market. The TUC estimates that one in eight people are in precarious employment, and that has risen by 1 million people since 2011. It has risen nearly three times faster than secure employment. That is certainly backed up by what we see with our members. Living standards have fallen quite significantly, and the impact of insecure work on our members is significant.

Of our members, 40% tell us that they have missed meals to pay their bills, 73% cannot afford to take time off work when they are ill, 15% struggle to pay their bills every month, and more than half have told us that financial worries are having an impact on their mental health. The level of statutory sick pay and the three waiting days for it is an issue of major concern for our members, as is having contracts that do not reflect the hours that they normally work. We welcome the Government taking action in those areas.

Q I have one short question. How do you see the Bill impacting the United Kingdom’s productivity?

Liron Velleman:

The Bill should have a positive impact on productivity. Following on from Joanne’s previous answer, when people are in insecure work, they are worried about whether they are going to lose their job tomorrow, whether they will lose some of their benefits or pay, and whether they will have the security of knowing what shifts they will be working. Tightening up lots of parts of employment legislation currently on the statute book should give workers extra confidence, so that they will be able to be happy at work and work more flexibly, representing the current state of the economy rather than keeping to how things were. That should, in totality, result in greater productivity for businesses as well as for individual workers.

For context in respect of a previous question, the record shows that “re-unionisation of the economy” was language used in a question by the shadow Minister, not in an answer from a witness.Q

The Bill covers part of the “Make Work Pay” agenda. Are there other measures in the “Make Work Pay” document published earlier this year that should be included in the Bill?

Liron Velleman:

The Bill clearly represents a great step forward in improving workers’ rights. For some of our members, it is in some ways a Bill for employees’ rights, rather than an employment rights Bill. Our members in the self-employed sector are looking for rights and protections to reflect the nature of the work that they do. In the “Next Steps to Make Work Pay” document, there are clear suggestions that there will be greater rights and protections for self-employed members, but that is a priority that we would like to see as part of the Bill, to fully grasp the current employment landscape in this country.

There is also a point around the consultation on new surveillance technology in the workplace. Clearly, technology in the workplace is one of the biggest benefits to lots of our members and to businesses, but it is also one of the biggest challenges when we think about the new world of work. Making sure that workers understand and are trained on, and can get to grips with, technology in the workplace, surveillance or otherwise, is vital to ensuring that they have the best rights and protections at work. Those two things would be our strong priorities for the Bill.

Joanne Cairns:

For us, one of the key areas is statutory sick pay. The removal of the three waiting days and the lower earnings limit is extremely important and will make a massive difference to a lot of low-paid workers. However, the Government committed to strengthening SSP, and we would like the level of SSP to be looked at. It is well documented that the current level of SSP is below what people can afford to live on. If you earn the national living wage, you earn only around a quarter of your salary when receiving SSP, which has a significant impact on low-paid workers. That said, the removal of the three waiting days is extremely important and will make a big difference.

In respect of the right to guaranteed hours, which we warmly welcome, it is very important that the way it is implemented covers as many workers as possible. The commitment from the Government was that everyone would have the right to a contract that reflects the hours they normally work. We are concerned about the inclusion of the term “low hours” in the “Next Steps” document, which we feel could have the unintended consequences of making the right apply less widely than it should, and potentially undermining its effectiveness.

IQ want to ask Joanne a little bit about USDAW’s experience dealing with Tesco. Tesco is one of the biggest employers in my constituency and it has a live case in the Livingston distribution centre regarding fire and rehire. I know that USDAW has put a lot of resources into taking Tesco to court over its distribution centres elsewhere—it won and then unfortunately lost on appeal. In our attempt to ban fire and rehire, do you think it is reasonable to include in this Bill a clause that basically allows a “get out of jail free” card? If we look at those who have tried to exploit fire and rehire so far, it is P&O, British Gas, Tesco, British Airways—they are not small companies. The clause says that if the company is in financial difficulties then fire and rehire could be continued. Do you think that should be taken out of the Bill altogether?

Joanne Cairns:

We welcome the Government’s commitment to tackling fire and rehire. It is an issue not only when fire and rehire tactics are used, but when they are used by employers in negotiations as a form of threat to try to force unions or individuals to accept terms that they may not be happy with. Around a third of our members have been asked to change their contracted hours to support business need in the last 12 months, and one in five of them said that they felt forced into agreeing to the change, having been threatened with fire and rehire. It is a major issue. You referenced our legal case against Tesco, which demonstrates that this issue affects members in all sorts of workplaces.

Our preference would be for an outright ban on fire and rehire, and we would prefer the provision to be removed. If that provision stays in the Bill, our concern would be about the use of the word “likely”. We would like either for the word “likely” to be removed in reference to financial problems, or, at the very least, for there to be stringent guidance and a high bar set for the definition of “likely”.

Liron Velleman:

At Community we had a similar case on fire and rehire back in 2021 with Clarks shoes. Our members at a distribution centre in Street in Somerset were threatened with a huge reduction in their hourly wage and the removal of their sick pay and coffee breaks. After a long campaign from our members in the union, and solidarity from across the UK, we managed to force the company to reverse its decision through ACAS mediation, but it clearly should not have been allowed to happen in that way at all. Our general secretary said at the time that, until fire and rehire is outlawed, no worker is safe from the harms that it can cause.

We hugely welcome the Government’s efforts to end fire and rehire, but we have similar concerns to USDAW about how the language about “likely” financial distress will be used in reality, given that it is rarely good-faith employers that use tactics such as fire and rehire in their workplaces. We do understand that there might be absolutely exceptional circumstances where the business would otherwise close. The question is whether the word “likely” will cast the net too wide and allow bad-faith employers to continue fire and rehire, even if the stated intention is for that not to happen.

In our evidence sessions earlier this week we heard concerns about changes to collective redundancy, and particularly the changes to the “one establishment” rules. What are your views on the provisions in the Bill?Q

Liron Velleman:

We rarely deal with collective redundancy on multiple establishments, other than for a few establishments, but it is important for the Committee to understand that collective redundancy is not always a huge battle between employers and unions. It gets into the news that this employer and that union are fighting to the death over something, but usually collective redundancy is an opportunity for employers and unions to sit around the table and try to minimise the impact on the workforce. Even with employers that unions might have a difficult relationship with, collective redundancy is usually an opportunity to do that.

It is very well known that Tata Steel recently announced collective redundancies at its steelworks in Port Talbot in south Wales. The original stated redundancy figure was around 2,500, but after work between the unions and the employer, that number has been heavily reduced through cross-matching and through finding training opportunities. Unions are not there just to say, “We are going to keep our members’ jobs for the sake of it,” and scream from the rooftops. Collective redundancy is an opportunity to allow mitigations to protect workers. Any improvements to rules around collective redundancy—whether that is reducing the number of employees needed to start a collective redundancy scheme, increasing the timeframe for that to happen, or looking at the establishment rule—are hugely welcome.

Joanne Cairns:

On the establishment rule, we are very pleased that the loophole is now being removed. We took a significant legal case on behalf of our members who were employed in Woolworths, where 27,000 employees were made redundant in a single redundancy exercise when the company went into administration. In 200 stores with fewer than 20 employees each, there were 3,000 employees who were not entitled to any protective award even though collective consultation had not taken place. That was purely because they were employed in establishments with fewer than 20 people, even though the decisions were being made far above that level and affected 27,000 employees. It is just common sense that that is now being corrected.

We are aware that the issue of scope has been raised in this Committee. We went back and looked at the Trade Union and Labour Relations (Consolidation) Act 1992. Clause 23 of the Bill would not alter what section 188 of the 1992 Act says about

“the employees who may be affected by the proposed dismissals or may be affected by measures taken in connection with those dismissals.”

It would not mean that workers are being consulted over redundancies that do not affect them; it would just mean that workers who are affected by the redundancies, or their representatives, would be consulted regardless of the size of the establishment that they are working at. We do not see people being involved in consultation exercises that do not affect them; that will not be a result of the Bill.

Further to a point that Mr Turner made, my recollection of the session on Tuesday was that re-unionisation was first mentioned by Mick Lynch, but we might want to check the record about that.Q

You are obviously pleased with the legislation, and I know you think it could go further; I just want to ask a little about how you would characterise your engagement with the Department. Was it very welcoming? How many meetings did you have with Ministers and officials? Were draft clauses shared with you? How constructive was it?

Liron Velleman:

Community has a productive relationship with the Department for Business and Trade. We have had productive relationships with parts of the Department for a number of years, but unfortunately not on a political level for the last 14 years. It is welcome that this Government have seen a sea change in how they want to do relationships with trade unions.

But could you answer specifically my questions about how many meetings you have had with Ministers and officials and whether clauses were shared with you?

Liron Velleman:

I believe that meetings between Ministers and whoever they meet with will be on the public record, so I am sure you would be able to find that.

But you are not answering my question. I am asking you a question; I would like you to answer it.

Liron Velleman:

I am not sure how many meetings we have had with Ministers related to this Bill.

Did you see draft clauses?

Liron Velleman:

No.

Okay. Joanne Cairns?

Joanne Cairns:

We have been involved in a number of roundtable meetings with DBT, which have been very helpful in understanding what the Government’s intentions are on a number of aspects of the Bill. I do not know exactly how many meetings we have been involved in, but the engagement of DBT with unions has been good, as it appears to have been with business as well.

Thank you both for your evidence today. How important is managing work and caring responsibilities to your members? How will the Government’s “Make Work Pay” agenda and the Bill help to address those issues?Q

Joanne Cairns:

Many of our members are juggling paid jobs with caring responsibilities, whether that is childcare or looking after disabled partners and relatives. The majority of our members are women; the burden of care continues to fall disproportionately on women, so we really welcome a number of the measures in the Bill that will help workers with caring responsibilities, including the right to parental leave and paternity leave being from day one of employment. We welcome the shift in the burden to employers to justify why they have refused a request for flexible working, and the new right to bereavement leave, which widens the current provision entitling bereaved parents to statutory parental bereavement leave.

We think that there are some areas in which those rights could be strengthened. We welcome the Government’s commitment to review parental leave more widely outside the Bill; we will be engaging with that review. We think we need to look at the length of paid maternity and paternity leave, the provision of paid carer’s leave and the wider support that is needed to make sure that those rights work effectively for working families.

On flexible working, the shift to employers having to justify their refusal is welcome, but there are still eight business grounds on which employers can refuse a request. It is still very difficult for employees to ask for flexible working; they are often concerned about what the repercussions of making a request might be. We recently surveyed our members with caring responsibilities and found that only just over half were even aware of the right to request flexible working. Of those who were aware, only half had used it. We would like a more robust framework for making requests for flexible working. For example, we could abolish the restriction on the number of applications that can be made in a 12-month period; extend the right to all workers, not just employees; and ensure that there is a right to appeal if a request is refused.

However, I would say that there has been some really important progress through the Bill and, we hope, through the review of parental leave to support working families.

Liron Velleman:

I do not want to repeat what Joanne has said, but I have a small point to make. The day one right to request flexible working is so important. So many people start a new job and then work out, “Okay, how am I going to balance this with my caring responsibilities?” If they cannot make that request for the first six months and they really struggle to make sure their kids are picked up from school or to deal with their elderly parents, they might find a not great way of dealing with it. It is then quite difficult to turn around to their employer and make the request six months down the line. It is so much better to be able to say, as a day one right, “This is what I want to give to this new employment that I have just received, but this is the world I exist in and these are the other responsibilities I have—how can we best make that work?” We know that our members will see a huge benefit from that, especially if they move to a new workplace.

As there are no further questions, let me thank our two witnesses for attending.