The
Committee consisted of the following
Members:
Chairman:
Mr.
Eric Martlew
Bottomley,
Peter
(Worthing, West)
(Con)
Burt,
Lorely
(Solihull)
(LD)
Clwyd,
Ann
(Cynon Valley)
(Lab)
Djanogly,
Mr. Jonathan
(Huntingdon)
(Con)
Dowd,
Jim
(Lewisham, West)
(Lab)
Heppell,
Mr. John
(Nottingham, East)
(Lab)
Hollobone,
Mr. Philip
(Kettering)
(Con)
Hoyle,
Mr. Lindsay
(Chorley)
(Lab)
Jones,
Lynne
(Birmingham, Selly Oak)
(Lab)
Lucas,
Ian
(Parliamentary Under-Secretary of State for Business, Innovation
and Skills)
McCafferty,
Chris
(Calder Valley)
(Lab)
Mates,
Mr. Michael
(East Hampshire)
(Con)
Riordan,
Mrs. Linda
(Halifax)
(Lab/Co-op)
Thurso,
John
(Caithness, Sutherland and Easter Ross)
(LD)
Truswell,
Mr. Paul
(Pudsey)
(Lab)
Wright,
Jeremy
(Rugby and Kenilworth)
(Con)
Adrian Jenner, Committee
Clerk
attended the
Committee
Second
Delegated Legislation
Committee
Tuesday 16
June
2009
[Mr.
Eric Martlew in the
Chair]
Draft
Work and Families (Increase of Maximum Amount) Order
2009
4.30
pm
The
Parliamentary Under-Secretary of State for Business, Innovation and
Skills (Ian Lucas): I beg to move,
That the
Committee has considered the draft Work and Families (Increase of
Maximum Amount) Order
2009.
It
is a pleasure serve under your chairmanship, Mr. Martlew,
and to appear for the first time opposite my counterparts.
The order
provides for a one-off uprating to the statutory redundancy limit under
the Work and Families Act 2006. It will increase the weekly redundancy
limit from £350 to £380 on 1 October 2009. The same limit
is also used to calculate, among other things, unfair dismissal awards
and payments made to employees whose employer has become
insolvent.
We
have all heard stories of constituents suddenly faced with redundancy
after been brought low by the recession, and their numbers are growing.
From October to December 2008, the number of redundancies increased
more sharply than at any time in the past 16 years. Fortunately, they
have not reached the levels seen in the recessions of the early
80s and 90s, but memories of the financial devastation
that they caused to the communities that we represent are still fresh.
The Government are therefore determined to do all they can to help
hard-working men and women. We have done plenty of things to make a
difference. We have improved the training and support that are offered
to those who are out of work and provided help to strengthen business
and prevent the need for job cuts. However, we always know that we need
to do more.
The evidence
might show that many people find work more quickly after being made
redundant in the current downturn, but that period between jobs can be
tough, especially for those with families to support. It is therefore
important that we do all that we can to improve the situation for
hard-working men and women, which is why we are introducing the
order.
Let me
explain the complex statutory redundancy pay calculation in a little
more detail. Essentially, there are two basic elements. First, it is
necessary to work out the number of weeks service payable to
the individual who has been made redundant. That figure depends on the
individuals age and length of service. Up to the last 20 years
of service can be counted. Once that is done, the figure is multiplied
by the weekly limit or actual pay, whichever is the lesser, which is
where the second part of the calculation kicks in. The limit is
currently capped at £350. In other words, anyone earning that
amount or more will have their number of weeks service
multiplied by £350.
My hon. Friend
the Member for Chorley has introduced a proposal to link redundancy pay
to average earnings. Average full-time and part-time earnings are
currently about £470 per week. My hon. Friends Bill
would increase the limit from £350 to £470 per week.
Although the Government understand the motivation behind the Bill, we
do not think that it is a good solution at this time, for particular
reasons: first, because the Bill would not help individuals who are
struggling now, because it would take up to two years to bring any
increase into effect; and, secondly, because the measure would place a
disproportionate addition burden on business and cost from £221
million to £288 million a year. We certainly would not want to
worsen the present situation, which would perhaps lead to further job
losses. The Bill would also impose a further financial burden on the
Government, because the Exchequer would have to pay an addition
£44 million to £86 million a year.
Thirdly,
although the issue was raised on Second Reading, my hon.
Friends Bill would not at this stage prevent the limit from
falling next spring in the event that the deflation that we are
experiencing continued. Finally, the Bill would remove the link between
redundancy pay and other paymentsnotably those made to
employees when their companies become insolvent. The Bill would
therefore not help employees in such circumstances.
The
Governments order has none of those disadvantages. Our
proposals put an extra £30 per week into the redundancy
calculation. Instead of waiting until the next annual uprating, in
February 2010, we want to implement the increase on 1 October 2009.
That follows three successive annual increases to the limit of 6 to
7 per cent., demonstrating the Governments
commitment and determination to move quickly to help employees who have
been made redundant, particularly in the current downturn.
Our proposals
would cost the Government and business substantially less than the plan
put forward by my hon. Friend the Member for Chorley. The Exchequer
would have to pay out £15 to £29 million per year, while
the cost to business is estimated at £51 to £77 million.
Although an additional burden will be imposed on both the Government
and business, we think that this is the right thing to do, in the
present economic circumstances, to facilitate help for individuals who
are put in difficult situations. These are still substantial increases,
but we are determined to help redundant employees, and I believe our
proposals strike the right balance.
Furthermore,
our measure also addresses the problem of deflation to which I have
already alluded. As things stand under the annual uprating formula, the
limit could fall by £10 a week in February 2010, if deflation
continues until the autumn. The order rectifies that problem by
suspending the annual uprating round for the redundancy limit in spring
2010, thus ensuring that the limit will not
fall.
Mr.
Lindsay Hoyle (Chorley) (Lab): I welcome what the Minister
says because the limit could have fallen without these special
measures. Does he agree, however, that we ought to ensure we rectify
the situation by amending my Bill at a future date? For now, I welcome
his proposals, but they are only a temporary measurethe system
needs to be fixed. We can carry on rowing the boat for the moment, but
we do not want it to sink in the long term.
The
Chairman: Order. Before the Minister answers, may I remind
Members that we are debating the uprating? I know that the hon.
Gentleman has introduced a Bill, but it is not before the
Committee.
Mr.
Hoyle: I welcome your advice, Mr. Martlew. I
was referring to the Ministers statement that he wants to
ensure that there is not a deflationary package, which is why he is
introducing the
order.
Ian
Lucas: I will limit my observations to the order itself,
Mr. Martlew. However, I say to my hon. Friend that, as he
knows, the Government are introducing this uplift at a time when his
Bill is before the House. He is a wise enough man to understand that,
in the present circumstances, these steps are the right ones to take,
but they are taken in the context of his Bill.
It is
important to emphasise that the regulations have wider benefits. A
range of payments can be made to employees where their employers have
become insolvent, including arrears of pay, holiday pay and notice pay.
Those payments are traditionally linked to the weekly redundancy limit.
Although my hon. Friends Bill would remove that link, our order
will retain it. It will also increase the limit for those payments.
Such assistance is worth about an additional £15 million a year
from the Exchequer directly to support redundant employees.
It is also
important to consider the order in the light of changes we have made to
redundancy pay in the past 10 years. When the Government first came to
office, the weekly limit had increased by only £5 a week over
the previous six years. The annual uprating formula that we introduced
in 1999 has meant that the weekly limit has almost tracked average
earnings for the past 10 years. It has increased from 6 to 7 per cent.
over the last three yearswell above average earnings in that
period. That is a far better record than that of Governments of any
colour, going right back to the introduction of the redundancy scheme
in 1965.
In the long
term, the best way to avoid redundancies is to ensure that businesses
are strong and able to take advantage of opportunities offered by new
technology and, increasingly, to deal with competition from abroad.
However, those are issues for another day. Today it is vital that we
provide an adequate safety net in what is a difficult set of
circumstances and ensure that those made redundant are properly and
fairly rewarded for their service. For that reason, I urge hon. Members
to accept the
motion.
4.40
pm
Mr.
Jonathan Djanogly (Huntingdon) (Con): Good afternoon,
Mr. Martlew. I congratulate the Minister on his appointment.
I had an excellent relationship with his predecessor, the Minister for
Business, Innovation and Skills, and I hope to have the same
relationship with him. I think that he is the fourth, fifth, or perhaps
even sixth Minister that I have faced over the past few
years
Peter
Bottomley (Worthing, West) (Con): Seen
off.
Mr.
Djanogly: Or seen off. Perhaps the Minister will be the
last, but we shall see.
The problem
with the order is that it will reduce numbers of jobs at a time when
unemployment is soaring. I mentioned our concerns when the Minister for
Business, Innovation and Skills and I recently debated redundancy
payI will not go into the details. The Governments
proposals are admittedly more limited than proposals to link statutory
redundancy pay to average weekly earnings, but we still have our
concerns.
Since
1999, the weekly limit for statutory redundancy and unfair dismissal
payments has been increased in line with the RPI, rounded up to the
nearest £10. In 1998 the sum was £220; in 2004 it went up
to £270; in 2007 it was raised to £310; in 2008
it was increased to £330; and on 1 February 2009, only four
months ago, it went up to £350. The weekly limit has already
been increased by 6 per cent. this year, and now the Government want to
increase it again by more than 8 per cent. to £380 at a time
when we are experiencing negative RPI inflation. They also wish to
bring the increase five months forward, even though we have already had
an inflation-busting increase this year. I think that we need the
Minister to put on record why he thinks that such a large increase in
the weekly limit will be acceptable to companies and why now is the
right time to do this rather than the statutory time, which would be
five months
ahead.
Mr.
Hoyle: Does the hon. Gentleman agree that years of neglect
and never providing the right increase has ledrightlyto
a more significant increase now? Does he agree that it is right that
those at the lowest end should see the increase, rather than those who
receive enhanced payments, which we see in most businesses? Surely it
must be correct to put right the wrongs of many
decades.
Mr.
Djanogly: I think not, but I remind the hon. Gentleman
that in 1999 his own Government set the formula that now applies: the
RPI increase rounded to the nearest £10. In effect, he is saying
that his Governments policy for the past 10 years has been
wrong.
Of
course redundancies are a last resort for employers. Employers do not
want to lose the investment that they have made in their employees and
they will try to retain their staff for as long as possible. Employers
generally make redundancies only when they are forced to reduce their
labour
costs.
Mr.
Hoyle: That is just not the case. I have the greatest
respect for the hon. Gentleman, but he ought not to put his case in
such a way. There are many occasions when we have seen European
companies choose to sack workers in the UK as it is easier and cheaper
to get rid of people in this country than it is in France. Does he
support the actions of foreign
companies?
Mr.
Djanogly: I dispute what the hon. Gentleman says. There is
no statistical evidence to show that that is the case. Many
multinational companies come and invest in this country because we have
a low-cost, efficient
economy.
Mr.
Hoyle: Will the hon. Gentleman give
way?
Mr.
Djanogly: No, I will
not.
Mr.
Djanogly: I will move on; perhaps the hon. Gentleman can
come back on that
later.
The
Minister will realise that he is making it more expensive for employers
to make redundancies. Employers will now have to make more redundancies
to reduce their labour costs by the same amount. The effect of
providing more money to those who have been made redundant could be to
put more people out of work or discourage businesses from taking on
more staff in the first place. The Conservative party does not want to
see more people out of work and struggling for survival because of the
Governments ill-thought policies.
The order is
reflective of a Government who have lost touch with reality. I would
appreciate hearing how the Minister consulted on the measure. I have
been speaking to businessesbig and smalland they are
against the Governments proposals. The CBI, the Federation of
Small Businesses and the British Chambers of Commerce are all opposed
to the measure. Businesses are having an extremely tough time at the
moment, and many cannot afford to pay for such a large increase in
statutory redundancy pay, especially when RPI inflation is
negative.
Employers
have to be increasingly tight with their budgets during the turbulent
times in which we find ourselves. They had already budgeted for an
increase to £350 this year and a very modest rise next
yearif anybecause inflation is negative. Instead, they
are faced with a significant and costly rise five months ahead of
schedule. This is an additional burden for businesses when they can
least afford it. The Governments impact assessment shows that
the measure will exert extra costs of up to £121.2 million on
business, and £53.9 million on the Government. We should be
helping businesses, especially during this low point in the economic
cycle, not making it even harder for them to help us get the economy
out of recession.
We recognise
that many employers offer enhanced redundancy schemes, many of which
are based on a multiple of statutory redundancy pay. The
Governments changes will have an even greater impact on those
employers, who are, in effect, being penalised for providing enhanced
terms for their employees. For example, employers who offer a
redundancy pay scheme with a multiple of two times the statutory limit
will have to pay an additional £60 for every year of
service.
Since the
Ministers predecessor and I last debated statutory redundancy
pay, the economic situation has not changed, and has even worsened in
many ways. Britain still faces extremely serious and difficult economic
circumstances. I remind the Minister that unemployment continues to
rise and more companies continue to become insolvent. The Government
have so far failed to lead us out of this almost unprecedented
recession and have let the economy drift. How does the Minister think
that the order will help?
The
Government have continued to pile the pressure on businesses. According
to the British Chambers of Commerce, in 2008 alone, the annual cost of
regulation jumped by £10 billion to £76.81 billion. Over
the last two quarters, gross domestic product fell by 1.5 per cent. and
1.9 per cent. A recent report by Sir David Arculus stated that the
annual cost of regulation to the UK economy could be as high as 10 or
12 per cent. of GDP. The Government cannot continue with its poorly
considered approach. The increase in the weekly limit on statutory
redundancy pay is a further unnecessary
cost to business. The Government do not seem to realise that we need to
support businesses through this low point of the economic cycle to keep
people in work.
Will the
Minister tell us what representations he has had from the trade unions
and others on increasing the weekly limit for statutory redundancy pay?
Is the proposed increase connected with the Warwick II negotiations
that have been taking place between Labour and the trade unions? Does
he think that he has now done all that is necessary to appease the
trade unions on redundancy measures? Has he come to an arrangement that
the unions private Members Billthe Statutory
Redundancy Pay (Amendment) Bill, which was brought before the House by
the hon. Member for Chorleywill be quietly dropped from
parliamentary business? Was that the deal, or do Labour Members intend
businesses to face another significant increase in the weekly limit on
statutory redundancy pay? If that is the case, many more businesses
will be under increased pressure, and that could lead to further
business failures and even more people out of work. I note that the
Minister has at least confirmed the Governments intention to
continue opposing the redundancy Bill for the moment, if it is not
dropped.
We
are against increasing the weekly limit on statutory redundancy pay
when businesses are struggling to survive in this economic climate,
when unemployment is rising and we are experiencing negative inflation.
It is clear that such an increase will damage many businesses and could
lead to a further increase in unemployment. The Conservative party
supports business and employment and does not want to see any more
decent and hard-working people losing their jobs through ill-considered
measures such as the order. We will therefore oppose the
Ministers
proposal.
4.49
pm
Lorely
Burt (Solihull) (LD): I welcome you to the Chair,
Mr. Martlew, and hope that I will not try your patience too
much this afternoon. I extend a very warm welcome to our new
Minister.
The
statutory instrument that we are considering is not the Statutory
Redundancy Pay (Amendment) Bill, which was introduced by the hon.
Member for Chorley. On Friday 13 March, the House voted for that Bill
to go into Committee. I supported that, only to very recently get a
card saying that the Bill will go straight into Committee
tomorrow.