Results 1–20 of 1400 for (in the 'Commons debates' OR in the 'Westminster Hall debates' OR in the 'Lords debates' OR in the 'Northern Ireland Assembly debates') speaker:Kevin Hollinrake

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: My hon. Friend’s points on capitalism were not totally accepted by those on the Opposition Benches. I think we all concede that capitalism is at times not perfect, but has the alternative ever been shown to work anywhere?

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: My hon. Friend’s points on capitalism were not totally accepted by those on the Opposition Benches. I think we all concede that capitalism is at times not perfect, but has the alternative ever been shown to work anywhere?

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: It is a pleasure to speak after the hon. Member for Bradford East (Imran Hussain). [Laughter.] At least we have a Yorkshire heritage in common, which is always a pleasure. It is quite daunting to speak after the eloquent speeches by the promoter of the Bill, the hon. Member for Brent North (Barry Gardiner), and by my hon. Friend the Member for Newbury (Laura Farris). They both made...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Gentleman makes a good point, and I should have clarified this. I am not a lawyer, but I can read, and subsection (1) of proposed new section 187A covers not just fire and rehire but, as set out in clause 1, “reasons other than conduct or capability”, which could cover a situation where someone was making redundancies simply to cut their coat according to their cloth. Is it...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Lady makes a good point, but all these matters are covered under employment law. Whether on wrongful dismissal, unfair dismissal—constructive dismissal—or redundancies, an employer has to follow due process.

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: My hon. Friend may be able to enlighten us better than I can.

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: I defer to my hon. Friend, who knows far more about this issue than I ever would. The principle behind our discussion is making sure that, where the question is a business’s survival, it can get through a very difficult time. There is no doubt that last year many businesses and many sectors were in a situation where there were question marks about their very existence, so in those times...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: I think that there are two separate things entirely. Who would not agree with skilling up our workforce? Of course we need to skill up our workforce and good employers will do that to enhance productivity, particularly if we move to a higher-wage, higher-skilled economy. It is absolutely right that we should do that. However, the key question on whether the Bill should go forward to...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: I was not legally trained, so I am struggling. The key point is this: if we can find a way to meet the objectives of the hon. Member for Brent North (Barry Gardiner) without legislation, I would prefer to see that, and I think we all would because life is tricky enough when someone is trying to run a business, so if there are better, non-legislative ways to do it, we should absolutely look...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: My principal concern is the amount of bureaucracy in and the interpretation of the Bill. I have many good lawyer friends—this usually has a “but” attached to it, doesn’t it?—but there are bound to be different interpretations of this kind of legislation. My hon. Friend the Member for Newbury (Laura Farris) set that out very clearly. Let us take just the phrase “all...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: I certainly do not seek to do that. Proposed new section 187B(2) of the 1992 Act says: “The information to be disclosed is all information relating to the employer’s undertaking (including information relating to use of agency workers in that undertaking) which is in the employer’s possession, or that of an associated employer”. There is a double requirement, so “all information”...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Member for Cardiff West (Kevin Brennan) makes a very good point, and I have a lot of time for him generally. My point is a general point, but there are specifics underpinning it that we have to consider. The definition of “all information” is relevant, as is the definition of “less favourable” when considering whether an employment contract is now less favourable. That...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Gentleman makes a fair point, but in my view it is better to have no legislation than poor legislation. It is important that we look at the Bill and decide whether it should go into Committee. As I was trying to say in response to the intervention by the hon. Member for Brent North, it is about capacity. We would be giving the Central Arbitration Committee huge responsibility, not...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: Yes, but it would require a huge scaling up of the role and there are no money resolutions attached to the Bill. [Interruption.] If I or any other person does not want to see this Bill passed, we have a perfect right to stand in this Chamber and express that opinion. That is exactly what I am doing. As I say, it is better to have no legislation than poor legislation. The capacity of...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: I would like to be able to, but I am not sure that is incumbent on anybody who opposes the Bill. It is right for somebody who introduces the Bill to state alongside it what extra capacity will be needed, and the cost of that to the taxpayer or the businesses concerned. To my knowledge, that work has not been done. I am also concerned about clause 27D, on the unilateral variation of employment...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: It is an interesting point, and I appreciate the hon. Gentleman’s clarification. My final point is on clause 187E, which seems to say that in almost any circumstance where new terms are offered, the employee has an automatic right to go to a tribunal. That seems to me strange. If any of the things outlined in subsection (1)(a)(iii) happened and an offer has been made, the clause seems to...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: It is a pleasure to speak after the hon. Member for Bradford East (Imran Hussain). [Laughter.] At least we have a Yorkshire heritage in common, which is always a pleasure. It is quite daunting to speak after the eloquent speeches by the promoter of the Bill, the hon. Member for Brent North (Barry Gardiner), and by my hon. Friend the Member for Newbury (Laura Farris). They both made...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Gentleman makes a good point, and I should have clarified this. I am not a lawyer, but I can read, and subsection (1) of proposed new section 187A covers not just fire and rehire but, as set out in clause 1, “reasons other than conduct or capability”, which could cover a situation where someone was making redundancies simply to cut their coat according to their cloth. Is it...

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: The hon. Lady makes a good point, but all these matters are covered under employment law. Whether on wrongful dismissal, unfair dismissal—constructive dismissal—or redundancies, an employer has to follow due process.

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill (22 Oct 2021)

Kevin Hollinrake: My hon. Friend may be able to enlighten us better than I can.


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