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967769

	registered interest
	date	04/09/2018
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, by what date the Government plans to publish the outcome of its consultation on Employment status.
	tabling member constituency	Birkenhead
	tabling member printed	Frank Field
	uin	170268
	answer	answer is ministerial correction date of answer 12/09/2018 answer text <p>The Government is considering the responses to the consultations and will respond in due course. I am grateful to all those who have contributed.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 12/09/2018 16:53:34 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	478 label Biography information for Lord Field of Birkenhead

985622

	registered interest
	date	09/10/2018
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, whether her Cabinet have had discussions on the potential suspension of protections of workers' rights in the event of a no-deal Brexit.
	tabling member constituency	Hemsworth
	tabling member printed	Jon Trickett
	uin	178390
	answer	answer is ministerial correction date of answer 23/10/2018 answer text <p>This government has committed not to roll back workers’ rights when we leave the European Union. This commitment stands regardless of whether there is a Withdrawal Agreement between the UK and the EU or not.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 23/10/2018 10:33:08 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	410 label Biography information for Jon Trickett

992657

	registered interest
	date	22/10/2018
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps the Government is taking to reduce the number of cases where independent contractors are considered employees for tax purposes but do not have corresponding workplace rights.
	tabling member constituency	Easington
	tabling member printed	Grahame Morris
	uin	182130
	answer	answer is ministerial correction date of answer 29/10/2018 answer text <p>The Government is committed to providing greater clarity for businesses and individuals on employment status. As Matthew Taylor identified in his review, this is a complex issue and is one of the major challenges for public policy.</p><p> </p><p>We are considering how best to achieve change that works for all. We received over 160 detailed responses to the Employment Status Consultation. We are currently analysing the responses and will respond in due course.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 29/10/2018 15:43:31 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	3973 label Biography information for Grahame Morris

1121730

	registered interest
	date	18/04/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, if he will bring forward legislative proposals to prevent employers (a) firing and (b) rehiring employees by changing employment contracts.
	tabling member constituency	Linlithgow and East Falkirk
	tabling member printed	Martyn Day
	uin	245890
	answer	answer is ministerial correction date of answer 30/04/2019 answer text <p>On 17 December 2018 we published the Good Work Plan, which sets out our vision for the future of the labour market and our ambitious plan for implementing the recommendations arising from the Taylor Review. This important package represents the biggest upgrade to workers’ rights in over 20 years and demonstrates how we are leading the way internationally to ensure workers have access to the rights and protections they deserve in the context of a changing world of work.</p><p> </p><p>Successive governments have introduced a legal framework which ensures that employers should always treat their employees fairly.</p><p> </p><p>In general, the terms and conditions of employment are for negotiation and agreement between employers and employees (or their representatives). Once agreed, however, they form a legally binding contract of employment. While it is always open to either party to seek to renegotiate the terms of the contract, if the employer changes any of the terms without the employee’s agreement, the employee may be entitled to seek legal redress.</p><p> </p><p>Additionally, employees who consider that their dismissal was unfair can complain to an employment tribunal, generally subject to a qualifying period of continuous service.</p><p> </p><p>Both employers and employees are strongly encouraged to follow the guidance available on GOV.UK at https://www.gov.uk/your-employment-contract-how-it-can-be-changed when considering changing their terms and conditions of employment.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 30/04/2019 09:39:33 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4488 label Biography information for Martyn Day

1123661

	registered interest
	date	29/04/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Written Statement of 17 December 2018, Official Report HCWS1184, when he plans to bring forward detailed proposals on tackling uncertainty around employment status.
	tabling member constituency	North East Hertfordshire
	tabling member printed	Sir Oliver Heald
	uin	248558
	answer	answer is ministerial correction date of answer 07/05/2019 answer text <p>The Government has committed to legislate to improve the clarity of the employment status tests, reflecting the reality of modern working relationships. This will help to ensure that both businesses and individuals understand their rights and obligations.</p><p> </p><p>Employment status is a complex issue and so it is only right that we take time to consider how best to achieve change that works for all. We will bring forward detailed proposals on status in due course.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 07/05/2019 16:05:39 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	69 label Biography information for Sir Oliver Heald

1123886

	registered interest
	date	30/04/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps he has taken to increase workers rights.
	tabling member constituency	Stevenage
	tabling member printed	Stephen McPartland
	uin	249272
	answer	answer is ministerial correction date of answer 09/05/2019 answer text <p>On 17 December 2018 we published the Good Work Plan, which sets out our vision for the future of the labour market and our ambitious plan for implementing the recommendations arising from the Taylor Review of Modern Working Practices.</p><p> </p><p>Since publishing the Good Work Plan, we have passed legislation that means:</p><ul><li>All workers receive a day one statement of rights setting out leave entitlements and pay;</li><li>An maximum additional penalty that Employment Tribunals can use quadrupling from £5,000 to £20,000, helping ensure workers are protected from employers who show malice, spite or gross oversight;</li><li>The ending of the Swedish Derogation, the legal loophole that enables some firms to pay agency workers on less than permanent staff, which will benefit up to 120,000 agency workers;</li><li>New agency workers will receive a key facts page before signing up with an agency, providing them with greater clarity, particularly around their pay; and</li><li>The threshold for an information and consultation request being reduced from 10% to 2% of employees, meaning a stronger voice in the workplace.</li></ul><p> </p><p>In delivering the Good Work Plan. we will also:</p><ul><li>Legislate to make improvements to the clarity of employment status tests to reflect the reality of modern working relationships;</li><li>Bring forward proposals for consultation on creating a new, single labour market enforcement agency to better ensure that vulnerable workers are more aware of and can exercise their rights, and that businesses are more supported to comply with the law;</li><li>Enforce holiday pay for vulnerable workers;</li><li>Introduce a right to request a more predictable and stable contract;</li><li>Launch a new scheme to name and shame, for the first time, employers who fail to pay employment tribunal awards.</li></ul> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 09/05/2019 16:52:39 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4093 label Biography information for Stephen McPartland

1131347

	registered interest
	date	11/06/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260093, on what dates each labour market enforcement undertaking was applied; to which employers such undertakings were applied; and on the basis of what trigger offence in each case.
	tabling member constituency	Barnsley East
	tabling member printed	Stephanie Peacock
	uin	263213
	answer	answer is ministerial correction date of answer 17/06/2019 answer text <p>The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRC – NMW).</p><p> </p><p>To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order.</p><p> </p><p>Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party.</p><p> </p><p>The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient.</p><p> </p><p> </p><p>The table below displays the information that could be disclosed by the three enforcement bodies:</p><p> </p><table><tbody><tr><td><p><strong>Enforcement Body</strong></p></td><td><p><strong>Number of LMEU served</strong></p></td><td><p><strong>Date of commencement</strong></p></td><td><p><strong>Trigger offence</strong></p></td></tr><tr><td rowspan="2"><p><strong>EAS</strong></p></td><td><p>4</p></td><td><p>04/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>03/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td rowspan="10"><p><strong>GLAA</strong></p></td><td><p>1</p></td><td><p>20/03/18</p></td><td rowspan="10"><p>All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.</p></td></tr><tr><td><p>1</p></td><td><p>22/05/18</p></td></tr><tr><td><p>1</p></td><td><p>21/06/18</p></td></tr><tr><td><p>1</p></td><td><p>13/07/18</p></td></tr><tr><td><p>1</p></td><td><p>23/07/18</p></td></tr><tr><td><p>1</p></td><td><p>16/08/18</p></td></tr><tr><td><p>3</p></td><td><p>21/08/18</p></td></tr><tr><td><p>1</p></td><td><p>31/12/18</p></td></tr><tr><td><p>4</p></td><td><p>15/04/19</p></td></tr><tr><td><p>1</p></td><td><p>26/04/19</p></td></tr><tr><td rowspan="8"><p><strong>HMRC - NMW</strong></p></td><td><p>1</p></td><td><p>19/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>27/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>21/08/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>05/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>22/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>30/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>16/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>07/03/19</p></td><td><p>Not disclosed</p></td></tr><tr><td><p> </p></td><td><p>Total: 28</p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 263218 question first answered 17/06/2019 09:57:18 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4607 label Biography information for Stephanie Peacock

1131387

	registered interest
	date	11/06/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, how many prosecutions there have been for breaching a labour market enforcement undertaking or order in each year since those undertakings and orders came into force.
	tabling member constituency	Barnsley East
	tabling member printed	Stephanie Peacock
	uin	263218
	answer	answer is ministerial correction date of answer 17/06/2019 answer text <p>The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRC – NMW).</p><p> </p><p>To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order.</p><p> </p><p>Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party.</p><p> </p><p>The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient.</p><p> </p><p> </p><p>The table below displays the information that could be disclosed by the three enforcement bodies:</p><p> </p><table><tbody><tr><td><p><strong>Enforcement Body</strong></p></td><td><p><strong>Number of LMEU served</strong></p></td><td><p><strong>Date of commencement</strong></p></td><td><p><strong>Trigger offence</strong></p></td></tr><tr><td rowspan="2"><p><strong>EAS</strong></p></td><td><p>4</p></td><td><p>04/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>03/04/18</p></td><td><p>Not disclosed</p></td></tr><tr><td rowspan="10"><p><strong>GLAA</strong></p></td><td><p>1</p></td><td><p>20/03/18</p></td><td rowspan="10"><p>All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.</p></td></tr><tr><td><p>1</p></td><td><p>22/05/18</p></td></tr><tr><td><p>1</p></td><td><p>21/06/18</p></td></tr><tr><td><p>1</p></td><td><p>13/07/18</p></td></tr><tr><td><p>1</p></td><td><p>23/07/18</p></td></tr><tr><td><p>1</p></td><td><p>16/08/18</p></td></tr><tr><td><p>3</p></td><td><p>21/08/18</p></td></tr><tr><td><p>1</p></td><td><p>31/12/18</p></td></tr><tr><td><p>4</p></td><td><p>15/04/19</p></td></tr><tr><td><p>1</p></td><td><p>26/04/19</p></td></tr><tr><td rowspan="8"><p><strong>HMRC - NMW</strong></p></td><td><p>1</p></td><td><p>19/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>27/06/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>21/08/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>05/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>22/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>30/10/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>16/11/18</p></td><td><p>Not disclosed</p></td></tr><tr><td><p>1</p></td><td><p>07/03/19</p></td><td><p>Not disclosed</p></td></tr><tr><td><p> </p></td><td><p>Total: 28</p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 263213 question first answered 17/06/2019 09:57:18 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4607 label Biography information for Stephanie Peacock

1141109

	registered interest
	date	22/07/2019
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what parts of the Government’s plan for workplace rights in the event that the UK leaves the EU without a deal have been implemented.
	tabling member constituency	Streatham
	tabling member printed	Chuka Umunna
	uin	280349
	answer	answer is ministerial correction date of answer 03/09/2019 answer text <p>The Government’s plan for workplace rights in the event that the UK leaves the EU without a deal has been implemented.</p><p> </p><p>We laid no deal Employment Rights SIs earlier this year. These SIs were passed on 4<sup>th</sup> March 2019 and will come into effect on exit day in the event of no-deal. These SIs ensure that we are upholding the commitment not to roll back workers’ rights as we leave the EU.</p><p> </p><p>The Government has prepared guidance for businesses and individuals to help prepare for a no-deal exit from the EU. This includes guidance on employment rights. All guidance for a no deal scenario is published on the internet: <a href="https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal" target="_blank">https://www.gov.uk/government/collections/how-to-prepare-if-the-uk-leaves-the-eu-with-no-deal</a></p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 03/09/2019 15:11:48 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4128 label Biography information for Chuka Umunna

1168889

	registered interest
	date	06/01/2020
	answering body	Department for Business, Energy and Industrial Strategy
	answering dept id	201
	answering dept short name	Business, Energy and Industrial Strategy
	answering dept sort name	Business, Energy and Industrial Strategy
	hansard heading	Conditions of Employment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, what plans the Government has to negotiate alignment with the EU on employment rights after the UK leaves the EU.
	tabling member constituency	Slough
	tabling member printed	Mr Tanmanjeet Singh Dhesi
	uin	447
	answer	answer is ministerial correction date of answer 09/01/2020 answer text <p>The Government is committed to protecting workers’ rights and enhancing these where it is right for the UK. The Political Declaration sets out the UK’s ambition on employment provisions in our future trade agreement with the EU. In order to prevent either Party gaining an unfair trade advantage, the UK will seek a reciprocal agreement to maintain social and employment standards at the current high levels. This will both help maintain fair and open competition in trade and protect workers’ rights in the UK.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 09/01/2020 10:06:45 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4638 label Biography information for Mr Tanmanjeet Singh Dhesi