Employment Rights: Terminal Illness

Warinder Juss Excerpts

Wednesday 18th December 2024 Westminster Hall

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Sir Edward. I thank my hon. Friend the Member for Corby and East Northamptonshire (Lee Barron), whom I have known for a long time, for securing the debate.

I declare an interest: I am a member of the Justice Committee, a solicitor and a member of the GMB executive council. The GMB was instrumental in running the “Dying to Work” campaign, and the TUC subsequently adopted the charter. As of March 2024, over 1.5 million workers in the UK have employers who have committed to the charter, which requires employers to

“Review sick pay and sickness absence procedures and include a specific statement that they will not dismiss any person with a terminal diagnosis because of their condition”,

as well as take other steps to support the terminally ill employee at work.

There is very little employment law that deals with terminal illness, but we do have laws relating to disability discrimination and laws under which an employer has a duty to make reasonable adjustments for employees at work, and those laws will apply to employees who are terminally ill. The NHS defines a terminal illness as a health condition

“that you’ll most likely die from”.

Under the Equality Act 2010, people with disabilities are protected against discrimination at work. Disabilities are defined as any impairment that has a long-term and substantial adverse effect on the person’s ability to carry out “normal day-to-day activities”. Terminal illness will be classed as a disability, at least from the point where the illness begins to have an impact on the person’s ability to carry out day-to-day activities; so the Equality Act will give the employee the right not to be treated less favourably at work, and the right to reasonable adjustments to enable them to stay at work. People with cancer, HIV infection or multiple sclerosis will automatically be considered to have a disability, regardless of their symptoms. Correspondingly, anyone who is terminally ill should also be considered to have a disability regardless of their symptoms.

Under the Equality Act, the employer must make reasonable adjustments so that disabled employees, including those who are terminally ill, can continue in their job if they wish. The employer may, for example, change the employee’s working hours and working patterns, reduce their workload, reallocate duties, grant time off for treatment and medical appointments, and allow working from home. An employer must consider an employee’s terminal illness and symptoms when deciding what reasonable adjustments should be made to retain them in employment, rather than dismiss them in accordance with a sickness absence policy.

A lot of workers with a terminal diagnosis will decide that they want to continue working for as long as they can because they need the financial security, or to avoid losing any death in service benefits, as my hon. Friend the Member for Corby and East Northamptonshire mentioned, or because they find that work is a helpful distraction from their illness. Parliament recently gave Second Reading to a Bill that would give people a choice to die with dignity. Surely we can give those who are dying the dignity of work for as long as they need it.

Fireworks: Sale and Use

Warinder Juss Excerpts

Monday 9th December 2024 Westminster Hall

[Jessica Morden (Newport East) (Lab)]

I appreciate the opportunity to take part in what is obviously a wildly popular debate, and will therefore make a short contribution on behalf of the 181 constituents in Newport East who have signed the petitions as well as the 130-plus who have been in touch on social media. I apologise profusely that I cannot stay till the end of the debate as I will be chairing the parliamentary Labour party meeting, and I thank you, Sir Edward, for allowing me to do that.

Like others, I have been a regular contributor to fireworks debates over the years. This year I am very proud to be a supporter of the Fireworks Bill, a private Member’s Bill promoted by my hon. Friend the Member for Luton North (Sarah Owen). She does absolutely great work on the subject, and I wish her much success with her Bill.

I take part in these debates with a bit of a heavy heart, because from my youth, which was a while ago, I have very happy memories of bonfire night, as my late and very lovely dad would insist on fireworks in our back garden. It is fair to say he very much liked risk and hated organised fun of any kind, so we never went to displays. I therefore understand why people enjoy fireworks, and I acknowledge that many people use them responsibly and that there are enforcement measures for those who do not.

However, the days of a small tin of fireworks in the back garden are long gone, which is why constituents have a keen and passionate interest in this issue and regularly raise it with me. Fireworks are bigger, louder and more powerful than ever before and are easily available from unlicensed vendors. As the hon. Member for Keighley and Ilkley (Robbie Moore) said, fireworks season now seems to last through autumn and winter. I agree with all the points that he made. This is distressing for animals. For constituents who are veterans with PTSD, it is difficult. The antisocial use of fireworks impacts on children and teenagers, and staff in A&E have to deal with fireworks-inflicted burns.

This is a seasonal debate, and we return to it every year. Constituents report having fireworks thrown at them at bus stops, animals being too traumatised to go out, the terrorising of livestock, fireworks being put through letterboxes, and more. As one constituent put it,

“a generation that can’t smoke but can buy mini bombs seems bizarre”.

I pay tribute to the partnership work of the council, the police and the fire service in Newport East on big nights such as firework night and new year’s eve. It is much appreciated in our communities.

The vast majority of the constituents who have been in touch with me in recent weeks want fireworks to be allowed only for organised displays. I recognise their concerns, and I fully support the efforts of my hon. Friend the Member for Luton North to restrict the sale of fireworks to licensed shops, lower the noise limit to 90 dB and remove the loudest fireworks—F2 and F3—from sale.

Finally, I want to give a big thanks to the police for their enforcement work. Let us make their lives and those of overstretched local authority officers easier by looking again at the legislation.

[Warinder Juss (Wolverhampton West) (Lab)]

Like my hon. Friend, I have grown up enjoying fireworks in the garden, especially with my children. Does she agree that the solution may be to reduce the noise levels from 120 dB to 90 dB, as is the case in New Zealand, to better enforce the rules relating to the times during which fireworks can be let off, and to increase the age limit for firework sales? That would enable people to enjoy a family firework occasion while ensuring safeguards are in place.

[Jessica Morden]

I thank my hon. Friend for that contribution. He proposes some sensible measures, which I am sure my hon. Friend the Member for Luton North will talk about.

It is time that we look again at the legislation so we do not keep returning to these debates year after year. People should not live in misery, so it is time we tackled this issue.