HC Deb 09 February 1994 vol 237 cc383-5

`(1) Any provision in an agreement between a shop worker and his employer (whether a contract of employment or not) shall be unenforceable to the extent that it purports—

  1. (a) to exclude or limit the operation of any provision of this Act, and
  2. (b) to preclude any person from presenting a complaint to or from bringing any proceedings before an industrial tribunal under any provision of this Act.

(2) For the purposes of this section "shop worker" has the same meaning as in Schedule 4 below.'.—[Mr. Purchase.]

Brought up, and read the First time.

10.15 pm
Mr. Purchase

I beg to move, That the clause he read a Second time—[interruption.] Conservative Members may wish this to be a mere formality, and I am anxious to oblige them so that they can rush away to their clubs, but they would only have to rush back again later. [HON. MEMBERS: "They are not rich enough"] No, they are not.

The new clause ensures that any worker protection in the Bill is underwritten and cannot be abated. Let me explain to hon. Members who may not have experienced the difficulties of employer-employee relationships. Let us suppose that the Government had been generous this evening and had accepted some of the modest amendments that we proposed—for example, double time for working on Sunday.

Although we know that, in many instances, the basic rate of pay is low, and that twice times not a lot is still not a lot, it is clear that the employer may well cuddle up to the employee and suggest not only that he or she may work on Sunday, but that the employer could perhaps find them a couple of hours on a Saturday as well. Under the new, totally unregulated shopping proposals that will come before the House shortly, an employer might even suggest that the employee could work a couple of evenings as well, saying, "If you'll work without wanting double time on Sunday, I'm sure I can accommodate your additional needs," which will lead to more income in one way or another.

The new clause will prevent that, because it is a sure bet that, once abatement of the measures in the Bill starts, it will be a slippery slope. I understand that the Minister believes that there are few or no loopholes through which abatement could be practised, but it is for him to demonstrate that that is so. I must put on record that the Opposition want a non-abatement clause to ensure that any protections for workers are enacted in full and to the benefit of all concerned.

Mr. Peter Lloyd

The hon. Member for Wolverhampton, North-East (Mr. Purchase) is seeking to ensure that no agreement or contract which an employer may persuade an employee to enter into can override or take away the rights provided to the employee by schedule 4 of the Bill.

I am sure that none of the rights can be removed or curtailed by any such device, and certainly not by the devices that he adumbrated. However, as I want to be sure that there is absolutely no way in which an employee can lose those rights, and as the new clause has only recently been printed on the amendment paper, I shall take legal advice to ensure that there are no such loopholes to close. If there are, I shall table an amendment or a new clause on Report. I do not believe that there are any loopholes, but I am certain that, if there were, the wording of the hon. Gentleman's new clause would not be sufficient to cover them.

The hon. Gentleman has my assurance that I shall look carefully into the matter. If he wants to come to see me at any time and tell me of any additional worries, I shall be very happy to meet him with my officials.

Mr. Purchase

The Minister is generous. Following what the Government have done this evening, we were due a little generosity—and we have received very little indeed. None the less, I thank the Minister for his undertaking. If he finds difficulties or loopholes, he may well come back with his own amendments. Such amendments would be welcomed by the Opposition. The essence of our case is that we want reasonable and proper protection for workers while they serve the rest of us on Sundays.

I beg to ask leave to withdraw the motion.

motion and clause, by leave, withdrawn.

Bill reported, with amendments; as amended, to be considered tomorrow, and to be printed.