My Lords, I have added my name to this amendment, as I did to its predecessor amendment in Committee. Anticipating today’s debate, I had a quick word with the Minister, who helpfully—perhaps he seized on it as a way through today, at any rate—agreed that the noble Baroness, I and others may be let loose in the Home Office in discussions with officials. This is a complex issue. It is right to take considered steps, but steps do indeed have to be considered. The short point, as the noble Baroness said, is that people working in the field—I may say that those I have met are no slouches—argue forcefully for a specific course of action. Given the energy that they put into assisting victims by means of their legal work, I take very serious note of that. I am happy to support the amendment but, more importantly, because this is not something that is going to be solved in a 15-minute debate, to continue the discussion at the Home Office, and I am grateful to my noble friend for that.
I have tabled Amendment 17—I suppose it is allied to this one—about claims in the employment tribunal. Again, I am not seeking a solution today. My amendment, which really is adequate only for the purpose of raising the point, asks the Secretary of States to consult the appropriate people with regard to access to the tribunal by victims of modern slavery. I mention the national minimum wage in particular. If there is an employment contract, a claim must be brought within three months and is limited to two years’ arrears. I mentioned the two-year limit to a colleague in this House and said I was concerned that victims of slavery were prejudiced by it. He said, “Well, if we extended it beyond two years, other groups would want it to be opened up”. I thought that if it was not immediately obvious to
someone steeped in what the House is doing that a victim of slavery, servitude or forced labour was unlikely to have been able to have access to an employment tribunal until that situation had finished, then this was something that had to be dealt with in detail and very carefully.
There are new regulations, which have just come into force, providing that from July the two-year restriction will apply. I understand that the Deduction from Wages (Limitation) Regulations were introduced to answer concerns expressed by business over unexpected and unquantified holiday pay claims; they were not aimed at victims of trafficking. Clearly they will affect victims of trafficking, but those victims are not mentioned in the impact assessment that BIS provided for the regulations.
There are other issues, too: for example, there is the family worker exemption, where someone treated as a member of a family is not entitled to the national minimum wage or to any payment at all, but the Court of Appeal—I have had an example of this—has regarded someone who worked 14 hours a day and slept on the dining room floor as being treated as a member of the family. That would have been an overseas domestic worker, and of course I am aware of the review of overseas domestic worker visas, but there are particular issues around the national minimum wage that we must not lose when we are dealing with other parts of this jigsaw.
I appreciate that there are a lot of stakeholders with a great range of interests in employment rights and the danger of unintended consequences is high, which is why I framed my amendment as I did. However, the victims of modern slavery have themselves suffered unintended consequences. All the Minister needs to do to my Amendment 17 is to say yes.