LONDON (Parliament Politics Magazine) – P&O Ferries’ “scandalous” decision to dismiss 800 workers without any warning, according to Labour, is a criminal felony.
Louise Haigh, Shadow transport secretary, Angela Rayner, deputy leader and Jonathan Reynolds shadow business secretary have written to Kwasi Kwarteng, requesting him to open an investigation into the ferry company’s “scandalous action.”
Employers who seek to lay off more than 100 individuals must notify the business secretary of their plans before providing notice to the workers at least 45days before dismissing, according to section 193 of the Trade Union Labour Relations (Consolidation) Act 1992.Â
On Thursday, P&O Ferries laid off 800 employees, intending to replace them with lower-cost agency workers. It has been revealed that ministers were given advance notice of the mass layoffs.
“An employer who fails to provide that notification is committing a criminal offence, and liable to an unlimited fine. It is for you, as secretary of state, to launch that action,” Labour MP wrote in a letter to Kwarteng.
Would you be bringing criminal charges against P&O Ferries, as well as individual directors and managers, as permitted by law? they inquired. Could you please clarify why this isn’t the case?
If an exploitative employer can get away with this outrageous behaviour without facing any consequences, Labour continued, it would give the green light to bosses across the country.
On Friday, Kwarteng wrote to P&O Ferries, expressing the government’s “anger and displeasure” with the company’s handling of the layoffs. He questioned the ferry firm about why it had not followed the procedures expected of employers firing a big number of employees.
Before choosing whether to file a formal complaint with the prosecuting authority, Kwarteng has given the corporation till 5 p.m. on Tuesday, March 22 to answer.
Labour and the Trades Union Congress (TUC) are urging all MPs to support an opposition motion to prohibit “fire and rehire,” a practice in which employees are fired and then rehired on worse terms and conditions.
On Tuesday, Labour is poised to call an emergency vote in parliament on Monday.
Last October, ministers defeated a bill in the House of Commons that would have outlawed the practice. At the time, the administration stated that it was opposed to such actions, but that legislation was the wrong method to respond.
Frances O’Grady, the TUC’s general secretary, urged MPs from all parties to “do the right thing” and back Labour’s resolution.
“P&O Ferries and its owner, DP World, have acted shamelessly.” She stated, “We can’t let them off the hook.” “Rogue employers must understand that they cannot use workers as disposable labour.”
The TUC has urged ministers to use the escalating controversy as a springboard for improving workers’ rights by introducing an employment bill.
Image via Reuters
