Tag: Paul Scully

The statement made by Paul Scully, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 23 September 2021.

The Government have today published a consultation on flexible working and the response to our consultation on a new right to time away from work for unpaid carers. These deliver on commitments in our manifesto and are an important part of our drive to build back better after the pandemic, deliver for working families by helping people to access and stay in work, and improve business productivity.

Flexible working consultation

This consultation considers measures to increase the availability and uptake of the full range of flexible working options—whether that is a part-time or job-sharing working arrangement, flexing working hours or working remotely—freeing employers and employees alike from the default nine-to-five model.

The consultation proposes that every employee in Great Britain is given the right to request flexible working, regardless of time served, under our plans to modernise the way we work and improve business productivity.

Under the proposals—which would see around 2.2 million more people given the right to request flexible working—employees would also be able to make more than one request for flexible working each year, and the current three-month period an employer has to consider each request would be shortened.

If an employer is unable to accommodate a request, our consultation proposes that they would need to consider what alternatives they could offer. For example, if they couldn’t change their employee’s hours on all working days, they could consider making the change for certain days instead.

There is no “one size fits all” approach to working arrangements. While certain ways of working may suit some employers and employees, they will not suit everyone. Therefore it is important that Government do not prescribe specific arrangements in legislation. Instead, these proposals would provide a strengthened legislative framework that encourages conversations around flexible working to be more two-sided. They are designed to balance the needs of employee and employer, and encourage all parties to focus on what may be possible, rather than what is not.

Empowering workers to have more say over where and when they work makes for more productive businesses, and happier employees. Flexible working allows employees to balance their work and home life: including helping people manage childcare commitments or other caring responsibilities. It can also be key to ensuring that people who are under-represented in the workforce, such as new parents or disabled people, have access to more employment opportunities.

Alongside clear benefits to workers, there is a compelling business case for flexible working. Benefits include:

Attracting top talent—Research conducted by Timewise, a flexible working consultancy, has shown that 87% of people want to work flexibly, rising to 92% for young people.

A highly motivated, productive workforce—Research published by HSBC shows that nine in 10 employees consider flexible working to be a key motivator to their productivity at work—ranking it as more important than financial incentives. Employers have reported seeing improvements in staff motivation and employee relations.

A better business environment—the CBI employment trends survey found that 99% of all businesses surveyed believed that a flexible workforce is vital or important to competitiveness and the prospects for business investment and job creation.

For both these individual and business reasons, the Conservative party’s 2019 manifesto committed to a consultation on measures to help make flexible working the default unless employers have good reasons not to. Today’s publication delivers on that commitment. It also contains our response to measures in the July 2019 “Good Work Plan: proposals to support families” consultation on publishing flexible working and family-related leave and pay policies; and stating whether jobs may be open to flexible working in the advert.

While the consultation focuses on contractual flexible working arrangements, the Government recognise that people do not always need something so formal to help them balance their home and work life. The consultation therefore also sets out our future plans for a call for evidence on how to support more “ad hoc” and informal forms of flexibility, for example to attend a one-off appointment.

The territorial extent of the proposals included in this consultation extends to England, Wales, and Scotland (employment law is devolved to Northern Ireland).

The consultation runs for 10 weeks until 1 December 2021. I will place copies of the flexible working consultation in the Libraries of both Houses.

Government response to the carer’s leave consultation

The Government have also today published their response to the consultation on carer’s leave.

Around five million people across the UK are providing unpaid care by looking after or helping a family member, relative or friend. Nearly half do this while also working full-time or part-time. Juggling caring responsibilities and work can be challenging and can limit the participation of unpaid carers in the labour market. Women, who are often still the primary carers within families, tend to be disproportionately impacted.

The 2019 manifesto committed to introduce an entitlement to one week of leave for unpaid carers. This was followed, last year, by a consultation on carer’s leave, which recognised that unpaid carers face particular challenges in balancing work and caring responsibilities that may warrant a specific new employment right to time off from work.

The response, published today, sets out key aspects of the leave entitlement, including:

Employees with caring responsibilities for a dependant with long-term care needs will be entitled to one working week of unpaid carer’s leave (per employee, per year).

This new right will be available from the first day of employment.

Eligibility for the new right, both in terms of who the employee is caring for and how the leave can be used, will be broadly defined.

The leave can be taken flexibly (i.e. from several half day blocks to a single block of whole week).

The entitlement has been designed to balance the needs of employers and employees, ensuring that employers are able to plan and manage the absence created by carer’s leave. These include a minimum notice period and enabling employers to postpone (but not deny) the request for carer’s leave where the employer considers the operation of their business would be unduly disrupted.

The territorial extent of the proposals included in this Government response to the consultation on carer’s leave extends to England, Wales, and Scotland (employment law is devolved to Northern Ireland).

I will place copies of the carer’s leave consultation response in the Libraries of both Houses.

The comments made by Paul Scully, the Labour Markets Minister, on 24 September 2021.

Unfortunately, some companies choose to withhold cash from hardworking staff who have been tipped by customers as a reward for good service.

Our plans will make this illegal and ensure tips will go to those who worked for it. This will provide a boost to workers in pubs, cafes and restaurants across the country, while reassuring customers their money is going to those who deserve it.

The comments made by Paul Scully, the Business Minister, on 16 July 2021.

The pandemic has meant we’ve had to stay apart, and this has had a big impact on the hospitality industry, which exists to bring people together. We’ve been working with hospitality businesses throughout the pandemic to understand what support they need to not only reopen, but change and improve how they do things to meet changing consumer demands and protect jobs and livelihoods.

We want young people to see the hospitality sector as a go-to option for long-term careers, and that’s why we will explore new options for vocational training and help further boost the creativity and environmental friendliness of the sector through the first-ever government strategy for the hospitality industry.

The statement made by Paul Scully, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 27 April 2021.

On Friday 23 April, the Court of Appeal handed down its judgment to quash the convictions of 39 postmasters. This is a landmark judgment, and I know that colleagues on both sides of the House will join me in welcoming the court’s decision to quash those convictions. I will turn to what more needs to be done to address the wrongs of the past and to ensure that injustices such as this do not happen again, but I will begin by setting out the context to the judgment.

Over the years, the Horizon accounting system recorded shortfalls in cash in post office branches. The Post Office at the time thought that they were caused by postmasters, and that led to dismissals, recovery of losses and, in some instances, criminal prosecutions. A group of 555 of those postmasters, led by former postmaster Alan Bates, brought a group litigation claim against the Post Office in 2016. In late 2019, after a lengthy period of litigation, the Post Office reached a full and final settlement with claimants in that group.

It is clear from the findings of the presiding judge, Mr Justice Fraser, that there were real problems with the Horizon IT system and failings in the way that the Post Office dealt with postmasters who encountered problems or raised complaints in relation to Horizon. The findings of Mr Justice Fraser led the Criminal Cases Review Commission to refer the convictions of 51 postmasters for appeal: eight to the Crown court and 43 cases to the Court of Appeal. The Crown court quashed the convictions of six postmasters back in December 2020, and 42 further appeals were heard in the Court of Appeal in late March.

The Court of Appeal was asked in late March to decide whether the convictions of those postmasters were safe based on two grounds of appeal, namely whether the prosecutions were an abuse of process either because of the postmaster being unable to receive a fair trial or because of its being an affront to the public conscience for the postmaster to be tried. On Friday, the Court of Appeal announced its judgment. The Court decided to quash the convictions of 39 postmasters. The Court of Appeal also concluded that the failures of investigation and disclosure were so egregious as to make the prosecution of any of the Horizon cases an affront to the conscience of the court. In the remaining three cases, the convictions were found to be safe.

In response to the Court of Appeal judgment, the Post Office has apologised for serious failings in historical prosecutions. Tim Parker, the Post Office chair, has said that the Post Office is

“extremely sorry for the impact on the lives of these postmasters and their families that was caused by historical failings.”

The Government recognise the gravity of the court’s judgment in those cases and the hugely negative impact that the convictions have had on individual postmasters and their families, as has been highlighted on a number of occasions in this place. The journey to get to last Friday’s Court of Appeal judgment has unquestionably been a long and difficult one for affected postmasters and their families, and the Government pay tribute to them for their courage and tenacity in pursuing their fight for justice. The Government also pay tribute to colleagues across the House who have campaigned tirelessly on their behalf.

However, while the Court of Appeal decision represents the culmination of years of efforts by those postmasters, it is not the end of the road. The Post Office is already contacting other postmasters with historical criminal convictions between 1999 and 2015 to notify them of the outcome of those appeals and provide information in respect of how they could also appeal. The Post Office’s chief executive officer, Nick Read, is also leading a programme of improvements to overhaul the culture, practices and operating procedures throughout every part of its business. The Government continue to closely monitor delivery of those improvements. The changes are critical to ensure that similar events to these can never happen again.

Last week, the Post Office announced the appointment of two serving postmasters, Saf Ismail and Elliot Jacobs, as non-executive directors to the Post Office board. I wholeheartedly welcome those appointments. Their presence on the Post Office board will ensure that postmasters have a strong voice at the very highest level in the organisation. As part of the 2019 settlement, the Post Office also committed to launch a scheme to compensate postmasters who did not have criminal convictions who had suffered shortfalls because of Horizon, and who were not party to the 2019 settlement. The Post Office established the historical shortfall scheme in response.

Applications to that scheme were much higher than anticipated. Consequently, in March 2021, the Government announced that it would provide sufficient financial support to the Post Office to ensure that the scheme could proceed, based on current expectations of the likely cost. Payments under the scheme have now begun, and the Government will continue to work with the Post Office to see that the scheme delivers on all of its objectives, and that appropriate compensation is paid to all eligible postmasters in a timely manner.

While those are positive steps in the right direction, the Government are clear that there is still more to do. Postmasters whose convictions were quashed last week will also now be turning to the question of appropriate compensation, which I know will again be of great interest to the House. The judgment last week will require careful consideration by all involved. The Government want to see all postmasters whose convictions have been overturned fairly compensated as quickly as possible, and we will work with the Post Office towards that goal. I commit to keep the House informed on this matter going forward.

Finally, it is essential that we determine what went wrong at the Post Office during this period to make sure a situation like this can never happen again. To ensure the right lessons have been learned and to establish what must change, the Government launched an independent inquiry led by ex-High Court judge Sir Wyn Williams in September last year. The inquiry has made swift progress already, having heard from a number of affected postmasters and a call for evidence has recently closed. The inquiry is now planning public hearings. The Horizon dispute has been long-running. For the benefit of everyone involved, it is important that the inquiry reaches its conclusions swiftly. I look forward to receiving Sir Wyn’s report later this summer. As the Prime Minister said, lessons should and will be learned to ensure that this never happens again.

The statement made by Paul Scully, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 26 April 2021.

This House is well aware of the issues with the Post Office Horizon IT System and the hugely negative impact it has had on the lives of affected postmasters. The Government welcomes the Court of Appeal’s decision last Friday, 23 April, to quash the convictions of 39 postmasters. This is in addition to six convictions quashed by the Crown Court in December 2020.

The Court’s decision is also another important step towards bringing resolution for these postmasters. The impact this ordeal has had on affected postmasters, their lives and livelihoods cannot be overstated. The Government will come back with a fuller oral statement tomorrow, 27 April, to update the House in more detail on these cases, owing to the scale of the miscarriage of justice we have seen here.

The statement made by Paul Scully, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 13 April 2021.

Greensill Capital (UK) Ltd was approved by the British Business Bank for the coronavirus business interruption loan scheme and the coronavirus large business interruption loan scheme last year in accordance with the bank’s published guidance on accreditation. All decisions taken by the bank were made independently and in accordance with the bank’s usual procedure.

The criteria by which the decisions were made were based on those used in the existing enterprise finance guarantee scheme, dating back from 2009, and were set out in the CLBILS request for proposals, which was a publicly available document. These criteria included minimum requirements such as the ability to demonstrate a track record of lending to larger enterprises, provision of evidence-based forecasts, the ability to demonstrate sufficient capital available to meet the lending forecasts, a viable business model, robust operations and systems, that the proposed lending will not have unreasonable lender-levied fees and interest, and that the lender has all the necessary regulations, licences, authorisations and permissions to operate the scheme. All accredited lenders are subject to regular audit by the bank to ensure their compliance with scheme rules.

Following analysis of loan data as part of its standard due diligence, the bank opened an investigation into Greensill Capital’s compliance with the terms of the scheme in October 2020 and informed the Government of this on 9 October. That investigation is continuing and the Government’s obligations as guarantor under the CLBILS guarantee are suspended on a precautionary basis. It would not be appropriate to comment further on the investigation at this time.

The statement made by Paul Scully, the Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy, in the House of Commons on 18 March 2021.

Problems with the Post Office’s Horizon IT system have affected the lives and livelihoods of many postmasters.

Over the years, the Horizon accounting system recorded shortfalls in cash in branches. The Post Office at the time thought that some of these were caused by postmasters, and this led to dismissals, recovery of losses by Post Office Ltd and, in some instances, criminal prosecutions.

A group of 555 of these postmasters, led by former postmaster Alan Bates, brought a group litigation claim against the Post Office in 2016. It is clear from the findings of Mr Justice Fraser, just how wrong the Post Office was in its relationship with postmasters and that there were clear failings with the Horizon system.

The Government pay tribute to those postmasters and colleagues across the House who continue to shine a spotlight on such an important issue.

The Post Office reached a full and final settlement with claimants in the group litigation in December 2019 and apologised for its past failings. That settlement was an important step towards addressing the wrongs of the past, but it was only the start of a long journey for the Post Office to repair and strengthen the relationship with postmasters.

As part of the settlement the Post Office agreed to set up the historical shortfall scheme. The scheme was open to current and former postmasters who did not participate in the group litigation claim against the Post Office and did not have a criminal conviction, but who may have experienced and repaid Horizon shortfalls. It is therefore an important step in making sure that all those who were affected have the opportunity to seek resolution.

The scheme closed in August 2020 and received over 2,400 applications. This number was higher than the Post Office had anticipated when the scheme was established. All of these applications of course need to be properly assessed.

The Post Office is committed to the successful delivery and timely completion of the historical shortfall scheme. However, the cost of the scheme is beyond what the business can afford.

The Government will therefore provide sufficient financial support to the Post Office to ensure that the scheme can proceed, based on current expectations of the likely cost. The Secretary of State for Business, Energy and Industrial Strategy is providing this support in his capacity as sole shareholder in the Post Office.

There are two reasons this is being done.

First, we must ensure that those postmasters who have applied to this scheme are able to seek redress. By supporting the scheme, we will make it possible for these postmasters to be fairly compensated.

Secondly, we must protect the post office network. As we have seen through the pandemic, it provides essential services to citizens across the country.

Without this support the Post Office would be unable to deliver fully the historical shortfall scheme and it would be unable to continue to operate its network as we know it today. This is a critical intervention that benefits current and former postmasters and the millions of customers that rely on their local post office branch.

The final cost of delivering the historical shortfall scheme will be determined over the coming months, including through the work of an independent panel. This support will ensure that postmasters are appropriately compensated, however we will not spend more of taxpayers’ money than is necessary to ensure the scheme meets its objectives.

The Post Office is rightly contributing what it can from its own resources to the delivery of the scheme.

While it is important that the scheme remains independent of Government it is also important that this shareholder support delivers value for money. The Government are confident that the controls in place in the design of the historical shortfall scheme will make sure this is the case.

The Post Office will make the first offers to applicants shortly. However, given the number of applications it will take time to work through all the claims that the Post Office has received. The Government would therefore like to thank postmasters in advance for their patience and reassure them that their claims will be properly handled.

The Horizon dispute has affected the lives of too many people and supporting the scheme operated by the Post Office will help them right the wrongs of the past.

We must also ensure that a situation like this can never be allowed to occur again. That is why this Government have asked Sir Wyn Williams to lead the Post Office Horizon IT inquiry.

Sir Wyn’s inquiry will work to fully understand what happened, gather available evidence and ensure lessons have been learnt so that this cannot occur again. It will also look specifically at whether the historical shortfall scheme is being properly delivered. The Government look forward to receiving Sir Wyn’s report in the summer.