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To ask the Secretary of State for Business and Trade, in relation to the draft Statutory Code of Practice on Dismissal and Re-engagement, what procedures the Government plans to follow where employers engaged in Government procurement contracts are found to have fallen foul of that code.
To ask the Secretary of State for Business and Trade, in relation to the draft Statutory Code of Practice on Dismissal and Re-engagement, what procedures the Government plans to follow where employers engaged in Government procurement contracts are found to have fallen foul of that code.
The Government is currently consulting on a draft Code of Practice to address dismissal and re-engagement. The Government has made clear to all employers that threats of dismissal and re-engagement should not be used as a negotiation tactic.
Public procurement policy is subject to a legal framework which encourages free and open competition and value for money, in line with internationally and nationally agreed obligations and regulations.
To ask the Minister for the Cabinet Office, what the process is for a member of staff making a formal bullying complaint about a Minister under the Ministerial Code.
To ask the Minister for the Cabinet Office, what the process is for a member of staff making a formal bullying complaint about a Minister under the Ministerial Code.
I refer the Rt. Hon Member to the answer given in PQ24573 on 24 June 2022
To ask the Secretary of State for Business and Trade, with reference to the draft Code of Practice on dismissal and re-engagement, published on 24 January 2023, what assessment her Department has made of the potential impact of financial penalties on the use of dismissal and re-engagement policies by employers.
To ask the Secretary of State for Business and Trade, with reference to the draft Code of Practice on dismissal and re-engagement, published on 24 January 2023, what assessment her Department has made of the potential impact of financial penalties on the use of dismissal and re-engagement policies by employers.
The Government is currently consulting on a draft Code of Practice to address dismissal and re-engagement. Once in force, an Employment Tribunal will be able to increase an employee’s compensation in certain circumstances by up to 25% if an employer has unreasonably failed to comply with the Code. The uplift should deter employers from using controversial tactics and failing to engage in meaningful consultations with employees and their representatives.
To ask the Secretary of State for Business and Trade, with reference to the draft Code of Practice on dismissal and re-engagement, published on 24 January 2023, what the last resort scenarios are in which dismissal and re-engagement tactics could be used.
To ask the Secretary of State for Business and Trade, with reference to the draft Code of Practice on dismissal and re-engagement, published on 24 January 2023, what the last resort scenarios are in which dismissal and re-engagement tactics could be used.
The Government is currently consulting on a draft Code of Practice to address dismissal and re-engagement. Once in force, the Code will deter employers from using controversial tactics and failing to engage in meaningful consultations with employees and their representatives. The Code is designed to cover a wide range of different circumstances, it will be for Employment Tribunals to decide where an employer has unreasonably failed to comply with the Code.
To ask the Secretary of State for Business, Energy and Industrial Strategy, when he and his Department will publish the consultation on a new statutory code to end fire and rehire tactics; and whether his Department has started discussions with external stakeholders on the new code.
To ask the Secretary of State for Business, Energy and Industrial Strategy, when he and his Department will publish the consultation on a new statutory code to end fire and rehire tactics; and whether his Department has started discussions with external stakeholders on the new code.
The Government has been clear that using dismissal and re-engagement as a negotiating tactic is unacceptable. We expect companies to treat their employees fairly.
In 2021, following a government request, the Advisory, Conciliation and Arbitration Service published new guidance to ensure that employers and employees are clear on their responsibilities.
Since then, officials have met a number of interested stakeholders to discuss the issue. We will set out next steps in this policy area in due course.
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether his Department plans to bring forward legislative proposals on a new statutory code on the practice of dismissal and re-engagement.
To ask the Secretary of State for Business, Energy and Industrial Strategy, whether his Department plans to bring forward legislative proposals on a new statutory code on the practice of dismissal and re-engagement.
The Government has been absolutely clear that using dismissal and re-engagement as a negotiating tactic is unacceptable, and we expect companies to treat their employees fairly. When the pandemic brought attention to cases of dismissal and re-engagement, we asked Acas to conduct an evidence-gathering exercise to help us better understand the issue. Government then went further and asked Acas to produce new guidance to ensure that employers are clear on their responsibilities. This guidance was published in 2021. We will set out next steps in this policy area in due course.
To ask the Minister for the Cabinet Office, whether individuals working for the Government on secondment are governed by the Civil Service Code of Conduct.
To ask the Minister for the Cabinet Office, whether individuals working for the Government on secondment are governed by the Civil Service Code of Conduct.
Individuals seconded into Government are expected to observe the principles of the Civil Service Code as well as relevant departmental rules, policies and procedures relating to conduct and standards. It is standard process for this requirement to be made clear to the individual and their employer before the start of the secondment and to be detailed in a secondment agreement.
To ask the Minister for the Cabinet Office, whether the Prime Minister will make it her policy to update the Ministerial Code.
To ask the Minister for the Cabinet Office, whether the Prime Minister will make it her policy to update the Ministerial Code.
It is customary for every new Prime Minister to reissue the Ministerial Code. This will happen in due course, in the usual way.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, what period of consultation he plans to provide on the Draft statutory code; and what steps he will take to engage trade unions in...
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, what period of consultation he plans to provide on the Draft statutory code; and what steps he will take to engage trade unions in...
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether he plans for the statutory code of practice to be in force by the end of 2022.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether he plans for the statutory code of practice to be in force by the end of 2022.
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
To ask the Minister for the Cabinet Office, what advice the Prime Minister has received from the Independent Adviser on Ministerial Interests on changes to (a) the wider remit of the Independent Adviser and (b) the Ministerial Code; and whether he has taken steps to make those changes.
To ask the Minister for the Cabinet Office, what advice the Prime Minister has received from the Independent Adviser on Ministerial Interests on changes to (a) the wider remit of the Independent Adviser and (b) the Ministerial Code; and whether he has taken steps to make those changes.
As set out in the Prime Minister’s letter of 21 December 2021, work has been underway to make sure that the Independent Adviser and his office receive the highest standards of support and attention - whether by way of Instruction to Ministers, Ministerial Code or clearer legal instrument. That work continues, and the Government will provide an update in due course.
Additional dedicated support for the Independent Adviser’s office has been allocated through the annual Cabinet Office business planning process. This support includes the provision of a dedicated team of civil service staff who will provide day-to-day support under the direction of the Independent Adviser. Further information will be set out in the Independent Adviser’s annual report.
To ask the Minister for the Cabinet Office, what advice the Prime Minister received from the Independent Adviser on Ministerial Interests on the need for an (a) instruction to Ministers, (b) amendment to the Ministerial Code and (c) other legal instrument to underpin his powers; and whether those have been...
To ask the Minister for the Cabinet Office, what advice the Prime Minister received from the Independent Adviser on Ministerial Interests on the need for an (a) instruction to Ministers, (b) amendment to the Ministerial Code and (c) other legal instrument to underpin his powers; and whether those have been...
As set out in the Prime Minister’s letter of 21 December 2021, work has been underway to make sure that the Independent Adviser and his office receive the highest standards of support and attention - whether by way of Instruction to Ministers, Ministerial Code or clearer legal instrument. That work continues, and the Government will provide an update in due course.
Additional dedicated support for the Independent Adviser’s office has been allocated through the annual Cabinet Office business planning process. This support includes the provision of a dedicated team of civil service staff who will provide day-to-day support under the direction of the Independent Adviser. Further information will be set out in the Independent Adviser’s annual report.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the Statutory Code will provide protection to workers as well as employees.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the Statutory Code will provide protection to workers as well as employees.
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the Code will prohibit employers giving notices of dismissal while a consultation period is ongoing.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the Code will prohibit employers giving notices of dismissal while a consultation period is ongoing.
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the statutory code of practice on dismissal and reengagement will apply where there are fewer than 20 employees affected in one establishment.
To ask the Secretary of State for Business, Energy and Industrial Strategy, with reference to the Written Statement of 29 March 2022, HCWS735 on Business Update, whether the statutory code of practice on dismissal and reengagement will apply where there are fewer than 20 employees affected in one establishment.
The Department for Business, Energy and Industrial Strategy will bring forward a statutory code of practice on dismissal and reengagement.
Under section 204 of the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State is required to publish a draft and consider any representations. The Department will engage with trade unions as part of that consultation. The scope of the Code and its remedies will be in accordance with the provisions of the Act.
Legislation to lay the Code will be introduced when parliamentary time allows and will be subject to the affirmative resolution procedure.
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, which departmental agencies are required to comply with the requirements set out in paragraph 4 of the Civil Service management code, published in November 2016, to submit to his Department proposals or arrangements that are...
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, which departmental agencies are required to comply with the requirements set out in paragraph 4 of the Civil Service management code, published in November 2016, to submit to his Department proposals or arrangements that are...
Departments are responsible for setting the terms and conditions of employment for their civil servants, in accordance with the rules of the Civil Service Management Code. The Civil Service Management Code only binds organisations that employ civil servants. Departments covered by the Civil Service Management Code are expected to communicate novel and contentious workforce proposals to the Cabinet Office as made clear by paragraph 4.
The Government has been very clear that threatening fire and rehire as a negotiating tactic is completely unacceptable. We always expect employers to treat employees fairly and in the spirit of partnership working with trade unions, where relevant, constructively.
Contracting Authorities decide the terms and conditions of the contracts they enter into with suppliers, and it is for suppliers to establish the pay, terms and conditions for their employees. Employee terms and conditions are protected by employment law when services are transferred between suppliers under Transfer of Undertakings (Protection of Employment) Regulations 2006. We closely monitor strategic suppliers to improve performance, ensure value for money and to deliver policy objectives.