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1006122

	registered interest
	date	13/11/2018
	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	Unpaid Work: 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 make it his policy to ensure that people who are asked to complete work trials at the outset of employment are classed as workers.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	190917
	answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Individuals on work trials who are asked to complete work for an employer are likely to be classed as ‘workers’ and are entitled to the National Minimum Wage. Work trials may only be unpaid if they are part of a genuine recruitment exercise. An unpaid trial work period lasting a few hours may be reasonable and legal, but an unpaid work trial lasting more than one day is probably excessive and therefore illegal in all but exceptional circumstances. The Government has consulted with employers and trade unions on how to ensure greater clarity and better practice over work trials. We have just finalised new guidance that will be published in due course.</p><p> </p><p> </p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 190918 190919 question first answered 20/11/2018 08:49:26 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1006125

	registered interest
	date	13/11/2018
	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	Unpaid Work: Minimum Wage
	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 he is taking steps to ensure that the November 2018 Government document Calculating the Minimum Wage includes guidance for people who are asked to complete unpaid work trials at the outset of employment.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	190918
	answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Individuals on work trials who are asked to complete work for an employer are likely to be classed as ‘workers’ and are entitled to the National Minimum Wage. Work trials may only be unpaid if they are part of a genuine recruitment exercise. An unpaid trial work period lasting a few hours may be reasonable and legal, but an unpaid work trial lasting more than one day is probably excessive and therefore illegal in all but exceptional circumstances. The Government has consulted with employers and trade unions on how to ensure greater clarity and better practice over work trials. We have just finalised new guidance that will be published in due course.</p><p> </p><p> </p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 190917 190919 question first answered 20/11/2018 08:49:27 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1006138

	registered interest
	date	13/11/2018
	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	Unpaid Work: Working Hours
	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 his Department's definition is of the word excessive in relation to the number of hours people are asked to complete for unpaid work trials.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	190919
	answer	answer is ministerial correction date of answer 20/11/2018 answer text <p>Individuals on work trials who are asked to complete work for an employer are likely to be classed as ‘workers’ and are entitled to the National Minimum Wage. Work trials may only be unpaid if they are part of a genuine recruitment exercise. An unpaid trial work period lasting a few hours may be reasonable and legal, but an unpaid work trial lasting more than one day is probably excessive and therefore illegal in all but exceptional circumstances. The Government has consulted with employers and trade unions on how to ensure greater clarity and better practice over work trials. We have just finalised new guidance that will be published in due course.</p><p> </p><p> </p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 190917 190918 question first answered 20/11/2018 08:49:27 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1090922

	registered interest
	date	18/03/2019
	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	Unpaid Work
	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 make it his Department's policy to include an assessment of the effect of unpaid work trials on levels of employment as part of the review of the international evidence on the impacts of minimum wages published on 13 March.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	233568
	answer	answer is ministerial correction date of answer 21/03/2019 answer text <p>The National Living Wage (NLW) has helped to deliver the fastest wage growth for the lowest paid in 20 years, and in April 2019, alongside the National Minimum Wage (NMW) rates, will increase above inflation and average earnings. Collectively, over 2.1 million workers will benefit from the minimum wage rates. In Glasgow South, there are an estimated 1,600 workers currently benefiting from the minimum wages.</p><p>At Spring Statement 2019, the Government announced an important step in its aspiration to end low pay, by appointing Professor Arindrajit Dube to undertake a review of the latest international evidence on minimum wages. The review will be considering the implications of this international evidence for UK minimum wage policy.</p><p>The Government is clear that National Minimum Wage legislation already protects workers by proscribing unpaid work trials that are excessive and not part of a genuine recruitment process. The Government published new guidance in December 2018 that clarifies the rights of workers and the responsibilities of employers.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 233606 question first answered 21/03/2019 17:27:28 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1090984

	registered interest
	date	18/03/2019
	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	Unpaid Work
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the review of the international evidence on the impacts of minimum wages, published on 13 March 2019, if he will make it his Department's policy to ban unpaid work trials at the outset of employment.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	233606
	answer	answer is ministerial correction date of answer 21/03/2019 answer text <p>The National Living Wage (NLW) has helped to deliver the fastest wage growth for the lowest paid in 20 years, and in April 2019, alongside the National Minimum Wage (NMW) rates, will increase above inflation and average earnings. Collectively, over 2.1 million workers will benefit from the minimum wage rates. In Glasgow South, there are an estimated 1,600 workers currently benefiting from the minimum wages.</p><p>At Spring Statement 2019, the Government announced an important step in its aspiration to end low pay, by appointing Professor Arindrajit Dube to undertake a review of the latest international evidence on minimum wages. The review will be considering the implications of this international evidence for UK minimum wage policy.</p><p>The Government is clear that National Minimum Wage legislation already protects workers by proscribing unpaid work trials that are excessive and not part of a genuine recruitment process. The Government published new guidance in December 2018 that clarifies the rights of workers and the responsibilities of employers.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 233568 question first answered 21/03/2019 17:27:27 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1129287

	registered interest
	date	03/06/2019
	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	Minimum Wage
	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 make it his Department's policy to restore immediately the policy of naming of employers for National Minimum Wage breaches whilst the review of the National Minimum Wage Naming Scheme is ongoing.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	259296
	answer	answer is ministerial correction date of answer 06/06/2019 answer text <p>As announced in the Government response of December 2018, the review of the National Minimum Wage and National Living Wage (NMW) Naming Scheme commenced in response to recommendations made by the Director of Labour Market Enforcement in his 2018/2019 Labour Market Enforcement Strategy. Naming of employers for NMW breaches will recommence once that review has been completed.</p><p> </p><p>We are reviewing the effectiveness of the naming scheme to ensure that our enforcement approach balances the need to crack down on the most egregious non-compliant employers with the need to help employers understand their responsibilities and how to comply.</p><p> </p><p>Naming remains an important part of our enforcement toolkit. Enforcement of the national minimum wage and the national living wage is a priority for this Government to ensure that workers receive at least the Minimum Wage. We have more than doubled the budget for minimum wage compliance and enforcement since 2015, to a record high of £27.4 million. This resulted in over 220,000 UK workers receiving a record £24.4 million in arrears last year.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 06/06/2019 13:00:05 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1145813

	registered interest
	date	25/09/2019
	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	Unpaid Work
	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 she will make it her Department's policy to centrally record the number of workers underpaid through work trials.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	290796
	answer	answer is ministerial correction date of answer 04/10/2019 answer text <p>The Government is committed to ensuring that all employers pay their workers correctly. We have increased the annual budget for National Minimum Wage (NMW) compliance and enforcement to £27.4m; more than doubling the level of resources since 2015/16.</p><p>HMRC NMW enforcement data records the reasons for employers’ failure to pay the correct minimum wage; this includes the broader category of <em>unpaid working time</em>. No estimate has been made of the number of people who have undertaken unpaid work trials in 2018-19.</p><p>“Calculating the Minimum Wage” guidance is kept under review and updates are published as required to ensure that employers are aware of their obligations and are able to comply with minimum wage legislation. Guidance relating to work trials was most recently updated in December.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 290799 290811 question first answered 04/10/2019 11:33:47 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1145816

	registered interest
	date	25/09/2019
	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	Unpaid Work
	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 estimate she has made of the number of people who have undertaken unpaid work trials in 2018-19.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	290799
	answer	answer is ministerial correction date of answer 04/10/2019 answer text <p>The Government is committed to ensuring that all employers pay their workers correctly. We have increased the annual budget for National Minimum Wage (NMW) compliance and enforcement to £27.4m; more than doubling the level of resources since 2015/16.</p><p>HMRC NMW enforcement data records the reasons for employers’ failure to pay the correct minimum wage; this includes the broader category of <em>unpaid working time</em>. No estimate has been made of the number of people who have undertaken unpaid work trials in 2018-19.</p><p>“Calculating the Minimum Wage” guidance is kept under review and updates are published as required to ensure that employers are aware of their obligations and are able to comply with minimum wage legislation. Guidance relating to work trials was most recently updated in December.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 290796 290811 question first answered 04/10/2019 11:33:47 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1145830

	registered interest
	date	25/09/2019
	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	Unpaid Work
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Government guidance, Calculating the Minimum Wage, if she will make it her Department's policy to review and update the guidance on unpaid work trials.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	290811
	answer	answer is ministerial correction date of answer 04/10/2019 answer text <p>The Government is committed to ensuring that all employers pay their workers correctly. We have increased the annual budget for National Minimum Wage (NMW) compliance and enforcement to £27.4m; more than doubling the level of resources since 2015/16.</p><p>HMRC NMW enforcement data records the reasons for employers’ failure to pay the correct minimum wage; this includes the broader category of <em>unpaid working time</em>. No estimate has been made of the number of people who have undertaken unpaid work trials in 2018-19.</p><p>“Calculating the Minimum Wage” guidance is kept under review and updates are published as required to ensure that employers are aware of their obligations and are able to comply with minimum wage legislation. Guidance relating to work trials was most recently updated in December.</p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst grouped question UIN 290796 290799 question first answered 04/10/2019 11:33:47 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald

1166698

	registered interest
	date	28/10/2019
	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	Asda: 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 she is taking to ensure there is agreement between (a) Asda’s owners, (b) Asda’s employees and (c) trade unions on the terms of the new deal, known as Contract 6, being offered by Asda to its employees.
	tabling member constituency	Glasgow South
	tabling member printed	Stewart Malcolm McDonald
	uin	6440
	answer	answer is ministerial correction date of answer 31/10/2019 answer text <p>Government has regular engagement with retailers.</p><p> </p><p>A legal framework exists 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>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><p> </p> answering member constituency Rochester and Strood answering member printed Kelly Tolhurst question first answered 31/10/2019 09:37:19 answering member 4487 label Biography information for Kelly Tolhurst
	tabling member	4461 label Biography information for Stewart Malcolm McDonald