PARLIAMENTARY DEBATE
Employment Rights Bill - 12 March 2025 (Commons/Commons Chamber)
Debate Detail
[Relevant documents: Third Report of the Business and Trade Committee, Make Work Pay: Employment Rights Bill, HC 370; Second Report of the Women and Equalities Committee, Equality at work: Miscarriage and bereavement leave, HC 335.]
Brought up, and read the First time.
Government new clause 40—Political funds: requirement to pass political resolution.
Government new clause 41—Industrial action ballots: support thresholds.
Government new clause 42—Notice of industrial action ballot and sample voting paper for employers.
Government new clause 43—Period after which industrial action ballot ceases to be effective.
Government new clause 44—Power to give notice of underpayment.
Government new clause 45—Calculation of the required sum.
Government new clause 46—Period to which notice of underpayment may relate.
Government new clause 47—Notices of underpayment: further provision.
Government new clause 48—Penalties for underpayment.
Government new clause 49—Further provision about penalties.
Government new clause 50—Suspension of penalty where criminal proceedings have been brought etc.
Government new clause 51—Appeals against notices of underpayment.
Government new clause 52—Withdrawal of notice of underpayment.
Government new clause 53—Replacement notice of underpayment.
Government new clause 54—Effect of replacement notice of underpayment.
Government new clause 55—Enforcement of requirement to pay sums due to individuals.
Government new clause 56—Enforcement of requirement to pay penalty.
Government new clause 57—Power to bring proceedings in employment tribunal.
Government new clause 58—Power to provide legal assistance.
Government new clause 59—Recovery of costs of legal assistance.
Government new clause 60—Power to recover costs of enforcement.
New clause 8—Prison officers: inducements to withhold services—
“In section 127 of the Criminal Justice and Public Order Act 1994 (Inducements to withhold services or to indiscipline)—
(a) in subsection (1), omit paragraph (a);
(b) omit subsection (1A);
(c) omit subsection (7).”
This new clause would repeal provisions in the Criminal Justice and Public Order Act 1994 that prohibit inducing a prison officer to take (or continue to take) any industrial action.
New clause 9—Inducement of prison officers: exempted persons—
“After section 127A of the Criminal Justice and Public Order Act 1994 (inducements to withhold services or to indiscipline), insert—
“Section 127B: Prison officers and trade unions: exempted persons
Section 127 (inducements to withhold services or to indiscipline) does not apply to—
(a) Any listed trade union representing prison officers, or
(b) any person acting on behalf of a listed trade union representing prison officers.””
This new clause would repeal, with respect to trade unions representing prison officers, provisions that prohibit the inducement of industrial action or indiscipline by a prison officer.
New clause 19—Right to be accompanied—
“(1) Section 10 of the Employment Relations Act 1999 (right to be accompanied) is amended as follows.
(2) In subsection (3), after paragraph (b) insert—
“(ba) person who has been reasonably certified in writing by a Professional Body as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or”
(3) After subsection (7) insert—
“(8) In this section, “Professional Body” means any organisation which is authorised by a regulation made by the Secretary of State pursuant to subsection (9).
(9) The Secretary of State may make a regulation or regulations authorising any organisation as a Professional Body for the purposes of this section.””
This new clause would expand the right to be accompanied by a certified companion at disciplinary and grievance hearings.
New clause 28—Enforcement against companies subject to insolvency or voluntary liquidation—
“(1) A Labour Market Enforcement Strategy under section 81 must include—
(a) the Secretary of State’s assessment of—
(i) the scale and nature of non-compliance with employment tribunal awards due to insolvency or voluntary liquidation during the period of three years ending immediately before the strategy period;
(ii) the scale and nature of such non-compliance involving phoenixing during the same period; and
(iii) the likely scale and nature of such non-compliance during the strategy period;
(b) a proposal for the strategy period setting out how enforcement functions of the Secretary of State are to be exercised in relation to such non-compliance.
(2) An annual report under section 82 must include―
(a) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance with employment tribunal awards, including non-compliance due to insolvency or voluntary liquidation, and
(b) an assessment of the effect of the applicable strategy on the scale and nature of non-compliance involving phoenixing.
(3) For the purposes of this section, “phoenixing” means the practice of dissolving or otherwise closing a business and establishing a new one with a similar purpose, with the effect of avoiding the enforcement of employment tribunal awards or other debts.”
This new clause would require the Secretary of State to include, in the Labour Market Enforcement Strategy and annual reports under this Bill, information about non-compliance with employment tribunal awards by, and enforcement against, companies ordered to pay such awards that have been subject to insolvency or voluntary liquidation, including in instances in which the directors go on to set up a similar company to avoid enforcement.
New clause 29—Trade union representatives: right not to suffer career detriment—
“(1) In Part V of the Employment Rights Act 1996 (Protection from suffering detriment in employment), after section 47(1A), insert—
“(1B) This section applies where the detriment in question relates to matters of internal promotion or progression.”
(2) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (3) to (6).
(3) In the italic title before section 137, after “Access to employment”, add “and career progression”.
(4) After section 138, insert—
“138A Career progression
(1) An employer must ensure that any employee undertaking trade union representative duties does not experience detriment in matters of internal career progression as a result of the employee’s trade union activities.
(2) Where an employee who is a trade union representative has not been appointed to a more senior role, in circumstances in which the employee met the minimum criteria for the role and demonstrated that criteria through the application, the employer must provide a written statement.
(3) The written statement under subsection (2) must include evidence to demonstrate that the decision not to appoint the employee was not affected by the employee’s trade union activities.
138B Career progression: support for trade union representatives
An employer must have in place a policy to support the career progression of employees who are trade union representatives. The policy must set out―
(a) how the employees will be supported in matters of internal progression and promotion; and
(b) how the employer will consider trade union experience in assessing applications for more senior roles.””
(5) In section 140(1), after “section 138” insert “or 138A”.
(6) In section 142(1), after “section 138” insert “or 138A”.””
This new clause would enhance protections to trade union representatives, extending them to cover detriment in matters of career progression, and would require employers to demonstrate that they have not denied promotion to trade union representatives as a result of their trade union activities. It would also require employers to have a policy in place to support the career progression of employees who are trade union representatives.
New clause 31—Removal of secondary action provisions—
“In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 224 (secondary action).”
New clause 64—Duties of trade unions—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In section 219 (protection from certain tort liabilities), after subsection (4) insert—
“(5) But subsection (4) does not have effect in relation to any act in contemplation or furtherance of a trade dispute which relates wholly or mainly to proposals by an employer to vary terms and conditions of employment of two or more employees accompanied by the threat (explicit or implied) of dismissal if that variation is not agreed.””
New clause 65—Personal Liability for breach of tribunal orders—
“(1) Where, in relation to a body corporate—
(a) a financial order made by an employment tribunal or agreed by the claimant and the body corporate; or
-(b) an order of reinstatement or re-engagement made by an employment tribunal or agreed by the claimant and the body corporate
has not been fulfilled by the date specified in the order or agreement, without reasonable excuse, and that failure is proved—
(a) to have been committed with the consent or connivance of an officer of the body, or
(b) to be attributable to any neglect on the part of such an officer,
that officer shall be personally liable to reimburse the claimant in whose favour the order had been made or agreed.
(2) An officer found liable for reimbursement under subsection (1) may be disqualified as a director or prevented from becoming a director.”
New clause 66—Public sector contracting: trade union recognition—
“(1) The Procurement Act 2023 is amended as follows.
(2) In Part (2) (principles and objectives), after section 14A insert—
“14B Obligations of contractors to recognise trade unions
(1) The Secretary of State has a duty to ensure that any contract entered into by a—
(a) government department;
(b) executive agency of government;
(c) non departmental public body; or
(d) non Ministerial department,
is compliant with the requirements set out in subsection (2).
(2) A contract under subsection (1) must─
(a) recognise an independent trade union for the purposes of collective bargaining, and
(b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining.
(3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.
(4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2).
(5) The complaint may be made to the Central Arbitration Committee.
(6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect.
(7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2).
(8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under (7).
(9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).””
New clause 67—Sectoral collective bargaining: 80 per cent coverage—
“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament an action plan to achieve, within five years, that the principal terms and conditions of employment of at least 80 percent of workers in the United Kingdom are determined by collective agreement.
(2) The action plan under subsection (1) must be informed by consultation with organisations representing employers and trade unions.”
New clause 68—Sectoral collective bargaining: other sectors—
“(1) Regulations under this Act may include regulations for collective bargaining in other sectors of the economy.
(2) Regulations made under subsection (1)—
(a) may only be made following consultation with representatives of workers and employers in those sectors; and
(b) may provide that agreements reached by such collective bargaining shall apply to the workers and employers in the relevant sector save to the extent that a previous or subsequent collective agreement has provided a more favourable term or condition.”
New clause 69—Statement of trade union rights—
“Every employee, worker and self-employed person has the right—
(a) to join an independent trade union of his choice, subject only to its rules;
(b) to take part in the activities of an independent trade union at an appropriate time, subject only to its rules.”
New clause 70—Right of Trade Unions to Access Workplaces—
“In part 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (trade unions), before Chapter 5A, insert—
“Chapter 5ZA
RIGHT OF TRADE UNIONS TO ACCESS WORKPLACES
70ZA Right of access
(1) A designated official of an independent trade union shall have a right to enter premises occupied by an employer in order to access a workplace or workplaces, subject to the conditions set out below.
(2) An employer shall not—
(a) refuse entry to a designated trade union official seeking to exercise his or her right of access under sub-section (1), or
(b) otherwise obstruct such an official in the exercise of his or her right of access under sub-section (1).
(3) A “designated trade union official” means a person nominated by the trade union to exercise the right of access on its behalf.
70ZB Access purposes
(1) The right of access may be exercised for the access purposes.
(2) The access purposes are to—
(a) meet, represent, recruit or organize workers (whether or not they are members of a trade union); and
(b) facilitate collective bargaining.
70ZC Notice to employer
(1) The right of access may be exercised only after the designated official of an independent trade union has given notice of an intention to do so to the employer whose premises it is proposed to enter for the purposes of access to a workplace or workplaces.
(2) The notice must be—
(a) in writing; and
(b) given at least 24 hours before it is intended to exercise the right of access;
(3) The notice required to be given under subsection (2) shall—
(a) specify the purpose for which entry is sought; and
(b) identify the workers or categories of workers the designated official intends to meet, represent, recruit or organize.
(4) The right of access may be exercised without giving notice where there are exceptional circumstances such as to justify access without prior notice.
(5) Whether circumstances are exceptional shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS.
70ZD Access conditions
(1) The right of access is subject to the following conditions.
(2) The right of access may be exercised—
(a) only at a reasonable time, and
(b) subject to reasonable conditions imposed by the employer.
(3) What is reasonable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS.
70ZE Dwellings
(1) The right of access does not apply to any part of premises which are used exclusively as a dwelling.
(2) Where sub-section (1) applies and only where sub-section (1) applies, the employer shall provide a reasonable, suitable, and alternative venue to enable the right of access to be exercised.
(3) What is reasonable and suitable for the purposes of subsection (2) shall be determined by having regard to the relevant provisions of a Code of Practice issued by ACAS.
70ZF Enforcement of right of access
(1) Where an employer refuses or obstructs access contrary to section 70ZA, a complaint may be made to the CAC by the trade union of which the designated official is a representative.
(2) Where the CAC finds the complaint to be well-founded it shall make a declaration to that effect and may make an order requiring the employer to comply with section 70ZA, subject to such conditions as the CAC may determine.
(3) If the CAC makes a declaration under subsection (2) the trade union may, within the period of three months beginning with the date on which the declaration is made, make an application to the Employment Appeal Tribunal for a penalty notice to be issued.
(4) Where such an application is made, the Employment Appeal Tribunal shall issue a written penalty notice to the employer requiring the employer to pay a penalty to the trade union in respect of each refusal or obstruction of access unless satisfied, on hearing representations from the employer, that the refusal or obstruction of access resulted from a reason beyond the employer’s control or that the employer has some other reasonable excuse.
(5) If the CAC makes an order under subsection (2) the order shall be recorded in the High Court and on being recorded may be enforced as if it were an order of the High Court.
70ZG Penalty notice
(1) A penalty notice issued under section 70ZF(4) shall specify—
(a) the amount of the penalty which is payable;
(b) the date before which the penalty must be paid; and
(c) the failure and period to which the penalty relates.
(2) A penalty set by the Employment Appeal Tribunal under section 70ZF(4) may not exceed a prescribed amount.
(3) Matters to be taken into account by the Employment Appeal Tribunal when setting the amount of the penalty shall include—
(a) the gravity of each refusal or obstruction of access;
(b) the period of time over which each refusal or obstruction of access occurred;
(c) the number of occasions on which each refusal or obstruction of access occurred;
(d) the reason for each refusal or obstruction of access;
(e) the number of workers affected by each refusal or obstruction of access; and
(f) the number of workers employed by the undertaking.
(4) The Employment Appeal Tribunal shall also take into account any previous refusal or obstruction of access to a designated official of the independent trade union to which the application relates.
(5) If the specified date in a penalty notice for payment of the penalty has passed and—
(a) the period during which an appeal may be made has expired without an appeal having been made; or
(b) such an appeal has been made and determined, the trade union may recover from the employer, as a civil debt due to it, any amount payable under the penalty notice which remains outstanding.
(6) The making of an appeal suspends the effect of a penalty notice pending the outcome of the appeal.
70ZH Other provisions relating to trade union access
(1) Sections 70ZA-70ZG are in addition and without prejudice to any other provisions relating to trade union access to workers.
(2) For the avoidance of doubt, the latter include but are not confined to—
(a) Section 188(5A) of this Act
(b) Sections 198A and 198B of this Act;
(c) Schedule A1, paragraphs 26 and 118 of this Act;
(d) ACAS Code of Practice on time off for trade union duties and activities issued under section 199 of this Act, for the time being in force; and
(e) Any collective agreement which makes more favourable provision.””
New clause 82—Fair Work Agency: review of resourcing—
(1) The Secretary of State must conduct a review of the resources available to the Fair Work Agency.
(2) The review must be published and laid before Parliament within six months of this section coming into force.”
This new clause asks the Secretary of State to review the resources available to the Fair Work Agency to ensure that enforcement of provisions in the Act are effective.
New clause 88—Rules as to political fund—
(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In subsection (1) of section 84 (Contributions to political fund from members of the union), after subsection (1), insert—
“(1A) An opt-in notice under subsection (1) must include the member of the trade union’s consent to annual renewal of the contribution to the political fund (a “renewal opt-in”).
(1B) The renewal opt-in must be sent by the member of the trade union─ (a) within six months of the initial opt-in and every six months thereafter, or (b) each time payment is due, at least 28 days before payment is taken, whichever is longer.
(1C) If the member of the trade union does not provide a renewal opt-in, the trade union must provide a date by which the member must notify the trade union of their consent to continued contribution towards the political fund, which must be no earlier than 28 days before the next payment to the political fund is due.
(1D) If the member has not—
(a)opted into an arrangement under subsection (1A) or (1B), or
(b) given notification of their consent to continued contributions by the date specified under subsection (1C),
their payments to the political fund must cease before the renewal date.””
This new clause will ensure that trade union members are asked whether they wish their contribution to the political fund to renew automatically and would require that, if the member does not wish to renew their contribution, the union must provide a date by which the member has to confirm they wish to continue to contribute.
New clause 89—Certification Officer: growth duty—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In section 254 (The Certification Officer), after subsection (2), insert—
“(2A) In discharging the functions of the Certification Office, the Certification Officer must, so far as reasonably possible, act in such a way as to advance the following objectives—
(a) the international competitiveness of the economy of the United Kingdom; and
(b) economic growth of the United Kingdom in the medium to long term.””
This new clause would require the Certification Officer to advance the objectives of the international competitiveness of the economy and its growth in the medium to long term.
New clause 90—Regulations under Part 4—
“When making regulations under Part 4 of this Act, the Secretary of State must have regard to the following objectives—
(a) the international competitiveness of the economy of the United Kingdom; and
(b) the economic growth of the United Kingdom in the medium to long term.”
This amendment would require the Secretary of State, when making regulations under Part 4 of the Bill, to have regard to the objective of the international competitiveness of the economy and its growth in the medium to long term.
New clause 98—Pressure to impose union recognition requirement—
“In the Trade Union and Labour Relations (Consolidation) Act 1992, omit section 225 (Pressure to impose union recognition requirement).”
This new clause would remove section 225 from the Trade Union and Labour Relations (Consolidation) Act 1992 on pressure to impose union recognition requirement.
New clause 99—Electronic balloting—
“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a statutory instrument containing an order under section 54 of the Employment Relations Act 2004.
(2) That order must specify that—
(a) permissible means may, in the case of any description of ballot or election, include (or consist of) electronic voting; and
(b) any ballot or election including (or consisting of) electronic voting must be conducted pursuant to section 230 (Conduct of ballot) of the Trade Union and Labour Relations (Consolidation) Act 1992.
(3) The Secretary of State must not make an order under this section until a consultation with the Trades Union Congress and the Certification Officer has been conducted.
(4) An order under this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
This new clause requires the Secretary of State to make an order for electronic voting in a ballot or election pursuant to section 54 of the Employment Relations Act 2004 within six months of the passing of this Act, and following consultation with the TUC.
New clause 100—Notice to employers of industrial action: amendment—
“In section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992, omit subsections (3) to (9) and insert—-
“(3) For the purposes of this section a relevant notice is one in writing which—
(a) identifies—
(i) the day or the first of the days on which, at the time of the service of the relevant notice, the union proposes to call industrial action; and
(ii) the categories of employee the union intends to call on to take industrial action; and
(b) must be provided to the employer as early as practicable after the ballot result is known and the decision to take industrial action in furtherance of it has been taken.
(4) If the industrial action relates to an event which has already taken place, no relevant notice shall be required.””
This new clause replaces the provisions in section 234A of the Trade Union and Labour Relations (Consolidation) Act 1992 to define a relevant notice for industrial action, when one must be provided and when one is not required.
New clause 103—Public sector contracting: trade union recognition—
“(1) The Procurement Act 2023 is amended as follows.
(2) In Part (2) (principles and objectives), after section 14A insert—
“14B Obligations of contractors to recognise trade unions
(1) The Secretary of State has a duty to ensure that any contract entered into after the coming into force of this Act by a—
(a) government department;
(b) executive agency of government;
(c) non departmental public body; or
(d) non Ministerial department,
is compliant with the requirements set out in subsection (2).
(2) A contract under subsection (1) must require the contractor to such a contracting authority to—
(a) recognise an independent trade union for the purposes of collective bargaining, and
(b) take steps to ensure that any sub-contractor to the contractor which carries out any obligation under the public contract recognises an independent trade union for the purposes of collective bargaining.
(3) For the purposes of this section, “recognises”, “independent trade union” and “collective bargaining” have the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992.
(4) An independent trade union may make a complaint against a contracting authority, which is a party to a public contract, that it or a contractor or sub-contractor which carries out any obligation under the public contract is in breach of the term in subsection (2).
(5) The complaint may be made to the Central Arbitration Committee.
(6) If the Central Arbitration Committee finds the complaint to be well founded, it shall grant a declaration to that effect.
(7) Where the Central Arbitration Committee makes a declaration in accordance with subsection (6), it shall order that the respondent contracting authority shall take whatever steps appear to the Central Arbitration Committee as necessary to ensure that the contracting authority and every contractor or sub-contractor which carries out any obligation under the public contract comply with the implied term in subsection (2).
(8) The steps that may be taken under subsection (7) include termination of the contract, which shall not be regarded as a breach of contract by the contracting authority concerned if a principal reason for the termination is compliance with an order of the Central Arbitration Committee under subsection (7).
(9) An appeal lies on a point of law to the Employment Appeal Tribunal by either party to proceedings brought under subsection (5).””
This new clause is designed to ensure that all public contractors comply with the duty to recognise a trade union for the purposes of collective bargaining and that such contractors take steps to ensure that any sub-contractors do the same. The terms “contracting authority” and “public contract” are defined in section 2 and 3 of the Procurement Act.
New clause 106—Collective bargaining—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) In section 209, after “industrial relations” insert—
“and in particular to encourage the extension of collective bargaining and the development and, where necessary, reform of collective bargaining machinery.””
This would add duties around collective bargaining to the general duty of ACAS.
New clause 107—Whether agreement intended to be a legally enforceable contract—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) For section 179, substitute—
“179 Whether agreement intended to be a legally enforceable contract
(1) A collective agreement shall be conclusively presumed to have been intended by the parties to be a legally enforceable contract unless the agreement—
(a) is in writing, and
(b) contains a provision which (however expressed) states that the parties do not intend that the agreement shall be a legally enforceable contract.
(2) A collective agreement which satisfies those conditions shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract.
(3) If a collective agreement is in writing and contains a provision which (however expressed) states that the parties intend that one or more parts of the agreement specified in that provision, but not the whole of the agreement, shall not be a legally enforceable contract, then—
(a) the specified part or parts shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract, and
(b) the remainder of the agreement shall be conclusively presumed to have been intended by the parties to be such a contract.
(4) A part of a collective agreement which by virtue of subsection (3)(a) is not a legally enforceable contract may be referred to for the purpose of interpreting a part of the agreement which is such a contract.””
This new clause replaces Section 179 on whether agreement intended to be a legally enforceable contract in the Trade Union and Labour Relations (Consolidation) Act 1992
New clause 108—Industrial action: workers’ rights—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) After section 219, insert—
“219A Right to strike
Every worker shall have the right to take industrial action, whether or not in breach of any contract, subject to the provisions of this Part.”
(3) Omit section 223 (Action taken because of dismissal for taking unofficial action).”
This new clause would establish a clearer right to strike and remove provisions from the Trade Union and Labour Relations (Consolidation) Act 1992 that make strike action unlawful on the grounds that it turns out (retrospectively) that the action the worker took was unofficial.
New clause 109—Industrial action and ballots—
“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
(2) Omit—
(a) section 224 (Secondary action)
(b) 225 (Pressure to impose union recognition requirement)
(c) 226A (Notice of ballot and sample voting paper for employers)
(d) 228 (Separate workplace ballots), and
(e) 228A (Separate workplaces: single and aggregate ballots).
(3) In section 234 (Period after which ballot ceases to be effective), omit subsections (1) to (5) and substitute:
“(1) Industrial action that is regarded as having the support of a ballot shall cease to be so regarded when─
(a) the dispute which gave rise to it ceases, or
(b) the union has taken no steps to pursue the dispute for a period of six months.”
(4) In subsection (1) of section 244, (Meaning of “trade dispute" in Part V)—
(a) omit “a dispute between workers and their employer” and substitute “a dispute between workers and one or more employers”.
(b) omit “which relates wholly or mainly to” and substitute “connected with”.
(5) In subsection (5) of section 244, omit “a worker employed by that employer” and substitute “a worker employed by an employer”.”
This new clause would remove provisions that ban all forms of secondary action; make changes to the definition of “trade dispute”; enable industrial action to be taken to achieve recognition for collective bargaining; remove obligation on a TU to provide a ballot paper to the employer; give TUs more freedom to choose which constituencies they will ballot; and remove an obligation on the union in a long running dispute to re-run the ballot every six months.
New clause 110—Review into the impact on small businesses—
“(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of Part 4 (Trade Unions and Industrial Action, etc) of this Act on small and medium-sized enterprises.
(2) The review under subsection (1) must have regard to—
(a) administrative costs;
(b) legal costs; and
(c) tax changes affecting small and medium-sized enterprises taking effect from the 2025-26 financial year.
(3) For the purposes of this section, small and medium-sized enterprises are businesses employing 250 or fewer employees.”
This new clause would require the Secretary of State to publish a review on the impact of Part 4 of this Bill, on Trade Unions and Industrial Action, on SMEs within 3 months of the passage of this Act.
New clause 111—Legal aid in employment tribunals—
“(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a report on the options for expanding the right to legal aid in employment tribunals.
(2) The report under subsection (1) must consider—
(a) the impact employers' compliance with measures contained within this Act; and
(b) the impact on employees’ personal finances.”
This new clause would require the Secretary of State to report on the impact of expanding the right to legal aid in employment tribunals within 3 months of the passage of this Act.
New clause 112—Review of single enforcement body—
“(1) The Secretary of State must, within three months of the passage of this Act, lay before Parliament a review on the impact of a single enforcement body as provided for under Part 5.
(2) The review under subsection (1) must assess the impact of the single enforcement body with the impact between 2019 and 2025 of the following four enforcement bodies—
(a) Gangmasters and Labour Abuse Authority (GLAA)
(b) Employment Agencies Standards Inspectorate (EAS)
(c) His Majesty’s Revenue and Customs (HMRC)
(d) Health and Safety Executive (HSE)
(3) The review under subsection (1) must have regard to—
(a) business compliance costs
(b) Employers’ compliance with employment law
(c) the number of employees seeking support in relation to employment disputes.”
This new clause would require the Secretary of State to review the impact of a single enforcement body compared with separate enforcement bodies within 3 months of the passage of this Act.
Amendment 270, page 61, line 14 leave out clause 50.
New clause 70 is intended to replace clause 50.
Government amendments 162 to 164.
Amendment 282, clause 50, page 61, line 31, after “workplace” insert, or
“(b) the right to use to any digital communications tools used by workers in the workplace.”
This amendment aims to ensure that access for unions to workplaces includes digital means of communication with workers.
Government amendments 165 to 185.
Amendment 271, clause 51, page 69, line 18, at end insert—
“(2A) In paragraph 22 (collective bargaining: recognition)—
(a) leave out sub-paragraph (1)(b) and insert—
“the CAC has evidence, which it considers to be credible, that a majority of workers constituting the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf’.”
(b) leave out subparagraphs (3), (4) and (5).
(2B) In paragraph 25 (collective bargaining: recognition)—
(a) in sub-paragraph (3)(a) leave out “20 working days” and substitute “10 working days”, and
(b) leave out sub-paragraph (3)(b).
(c) after sub-paragraph (4)(a) insert “(aa) by secure electronic voting,”
(d) in sub-paragraph (4)(c) leave out “and b” and substitute “to (c)”
(e) after sub-paragraph (4)(c) insert—
“(d) only amongst those who are employed in the proposed bargaining unit and were so employed at the time the application was made”.
(2C) In paragraph 26 after sub-paragraph (4) insert—
“(3A) In the event that the union (or unions) consider that such access has been unreasonably refused, it (or they) may apply to the CAC for a declaration and order that access be granted and in the event that such a declaration or order is made and the union (or unions) consider that such a declaration or order has been breached it (or they) may apply to the High Court for relief.”
(2D) In paragraph 26 after sub-paragraph (4B) insert—
“(4BA) The sixth duty is to refrain from any act or omission, direct or indirect, likely to encourage a union member or members to resign from union membership or likely to discourage a person from joining a union or any particular union.
(4BB) It shall be unlawful to compel a worker or workers by threat of detriment or dismissal to attend any meeting in which the employer, its servants or agents expresses the view directly or indirectly that—
(a) membership of a union or any union; or
(b) recognition for the purposes of collective bargaining of a union or any union by the employer,
is undesirable.”
(2E) In paragraph 27B(2) leave out “must be made on or before the first working day after” and substitute “must be made within 20 working days after”.
(2F) In paragraph 29 (collective bargaining: recognition) leave out sub-paragraph (3)(b).
(2G) In paragraph 35(1) leave out “a collective agreement under which a union (or unions) are recognised as entitled to conduct collective bargaining” and substitute “a collective agreement under which an independent union (or independent unions) are recognised as entitled to conduct collective bargaining”.
(2H) In paragraph 35(1) after “in the rules” insert “‘in relation to all pay, hours and holidays”.
(2I) In paragraph 39(2)(a) leave out “years” and substitute “months”.
(2J) In paragraph 40(2)(a) leave out “years” and substitute “months”.
(2K) In paragraph 41(2)(a) leave out “years” and substitute “months”.
This amendment makes changes to the Trade Union and Labour Relations (Consolidation) Act 1992 regarding union recognition and balloting.
Amendment 291, page 71, line 1, leave out clause 52.
Amendment 292, clause 52, page 71, line 6, at end insert—
“(2A) In subsection (1) of section 82 (Rules as to political fund), after paragraph (d) insert—
“(e) that trade union members who have not opted out of the political fund must signal, in writing, their agreement to continue contributing to the fund at the end of a period of 12 months after last opting into the fund, and
(f) that trade union members must be given an annual notice about their right to opt out of the political fund.
(1B) A notice under subsection (1)(f) must include a form that enables the member to opt out of the fund.””
This amendment would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in to the political fund from their members.
Government amendments 186 to 191.
Amendment 293, page 73, line 6, leave out clause 54.
Amendment 294, page 74, line 14, leave out clause 55.
Amendment 296, clause 55, page 75, line 3, after “employee”, insert—
“, and
(c) in relation to a public sector employer, the performance condition is met.
(3A) The performance condition is met if the Secretary of State is satisfied that the public sector employer is meeting any performance standards set out in a relevant enactment.”
This amendment prevents facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance.
Amendment 295, page 78, line 5, leave out clause 56.
Amendment 299, page 78, line 30, leave out clause 58.
Government amendments 192 to 199.
Amendment 315, page 79, line 28, leave out clause 60.
This amendment would leave out Clause 60 on electronic balloting for industrial action. NC99 is intended to replace clause 60.
Government amendments 200 to 201.
Amendment 297, clause 61, page 80, line 6, leave out “seventh” and insert “fourteenth”.
This amendment would increase, from seven to 14 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action.
Government amendment 202.
Amendment 348, page 80, line 9, at end insert—
“(3) The Trade Union and Labour Relations (Consolidation) Act 1992 is also amended as follows.
(4) In section 231 (Information as to result of ballot), omit from “shall” to after “told” and insert—
“display, reasonably prominently on its website, on a webpage reasonably easy to find and which is freely accessible to the general public—”
(5) Omit section 231A.”
This amendment would change the requirements for notification about the results of a union ballot.
Amendment 346, clause 62, page 80, line 19, at end insert—
“(3) In section 220 (Peaceful picketing)—
(a) in subsection (1), after “attend”, insert “a place of work”;
(b) omit subsections (1)(a) and (1)(b); and
(c) omit subsections (2) to (4).”
This amendment, along with amendment 348, would remove the restriction confining pickets to a worker’s place of work.
Amendment 300, clause 63, page 83, line 9, at end insert—
“236E Actions short of a strike: exemption
(1) The right of a worker not to be subjected to detriment under section 236A does not apply in cases where the worker is involved in one or more of the following activities—
(a) intimidation at picket lines;
(b) protests organised by trade unions in furtherance of a dispute—
(i) at the premises of a company;
(ii) at the private residences of senior managers; or
(iii) at the premises of other organisations that are connected with the dispute;
(c) harassment or bullying of non-striking workers, or those who are covering for striking workers;
(d) victimisation or harassment of senior managers; or
(e) action aimed at damaging property or disrupting business contingency planning.
(2) The Secretary of State must ensure that the circumstances under subsection (1), in which the right of a worker not to be subjected to detriment do not apply, are set out in a code of practice.”
This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances.
Government amendments 203 to 226 and 236 to 239.
Government new schedule 2—Trade union recognition.
Government amendments 247, 249, 251 to 261.
New clause 77—Employment Law: Scotland Act—
“(1) The Scotland Act 1998 is amended as follows—
(2) In Schedule 5 of the Scotland Act 1998, omit section H1 (Employment and industrial relations).”
This new clause would remove matters related to employment from the list of the reserved matters that remain the responsibility of the UK Parliament alone and would enable the Scottish Parliament to legislate on those matters.
I thank Members from both sides of the House for their contributions to yesterday’s debate. I look forward to another good debate today as we work together to ensure that the Bill works in practice for workers and businesses of all sizes across the whole country. Similarly to yesterday, I will use my opening remarks to explain to the House the amendments put forward by the Government in parts 4 and 5 of the Bill.
The Government are moving a number of amendments that represent a significant step forward in modernising our industrial framework. Amendments to clause 50 will strengthen the provisions of trade union access rights. They will ensure that the framework functions effectively and delivers on our commitment to modernise working practices. They will streamline access provisions by allowing a single Central Arbitration Committee member to make a fast-track decision on whether access should take place. In making a decision about whether it is a single person or a panel that will consider the application, the CAC will be required to have regard to the complexity of the case, as well as whether the proposed terms of the agreement are model terms. Various criteria will be prescribed in secondary legislation following consultation.
The amendments will also clarify that supporting a worker is a legitimate purpose for access, and they will provide a power to bring forward secondary legislation to make further provision as to how the CAC is to determine the level of penalty fines for non-compliance with access agreements. They will expand access rights, enabling access agreements to cover communicating with workers in ways that do not involve entering premises—for example, connecting digitally using technology—therefore modernising our antiquated industrial relations framework.
New clause 39, new schedule 2 and associated amendments insert new provisions into the Bill, replacing clause 51, and will address unfair practices and access arrangements in the recognition and derecognition process. The amendments will extend the application of unfair practice protections to the point at which the CAC accepts an application for recognition or derecognition, and will ensure that employers cannot increase the size of the bargaining unit for the purposes of the recognition application after the application is made. That will end the deliberate gaming of the system that we have seen in recent years.
The amendments will also delete the second test for determining an unfair practice complaint, which currently requires the CAC to consider how an alleged unfair practice may have affected workers’ votes in the recognition, or derecognition, ballots. They will extend the time limit in which unfair practices can be reported after the ballot closes to five working days. They will ensure that an employer cannot recognise a non-independent trade union after receiving a request for voluntary recognition from an independent trade union as a means of thwarting the independent trade union’s subsequent application to the CAC for statutory recognition.
We will bring forward and formalise the process for agreeing access arrangements between the employer and the union during the recognition and derecognition process. These amendments will streamline the recognition process, reduce opportunities for unfair practices to occur, and ensure that unions that seek recognition have a fair and transparent statutory route to enable them to do so.
Today’s amendments on industrial action rules will reduce the costly, complex and bureaucratic requirements on unions in relation to industrial action and ballot notices, while ensuring that employers have the necessary notice and information to prepare for industrial action. New clause 42 will simplify notice to employers of industrial action ballots and industrial action, reducing the chance of spurious challenge and making the information required more proportionate. New clause 43 will extend industrial action mandates from six to 12 months, reducing the need for repeated ballots. Amendments to clause 61 will mean that the notice period for industrial action will be set at 10 days, giving businesses time to prepare and safeguarding workers’ rights. Amendments to clause 58 will mean that the 50% ballot turnout threshold repeal will be subject to commencement on a date to be set in secondary legislation.
Turning to political fund ballots, new clause 40 and associated amendments remove the requirement for unions to hold a ballot every 10 years on maintaining a political fund. Instead, unions will provide reminders about members’ right to opt out every 10 years, ensuring transparency without imposing costly and time-consuming ballots.
The Bill will bring together the various agencies and enforcement bodies that enforce employment rights in the new Fair Work Agency, so that where employers are not doing what is right, a simplified and strengthened enforcement system will protect workers and ensure justice in the workplace. The Fair Work Agency needs the right tools to do the job. A series of amendments form a package that will give the Fair Work Agency the tools that it needs to hold all employers to account more effectively. That is fair for workers and businesses.
The Government are moving amendments to introduce new powers that are key to the Fair Work Agency’s core enforcement role. New clauses 44 to 56 create a civil penalty regime. Under the regime, enforcement officers will be able to issue notices of underpayment, and impose a penalty on employers who have underpaid individuals, in breach of statutory pay rights that are within the remit of the Fair Work Agency. As a result, the agency may be able to help workers get the money they are owed more quickly than if they had to go through an employment tribunal. Where proceedings before the tribunal are necessary, we want the Fair Work Agency to be able to support individuals and ensure that the tribunal’s time is used as effectively as possible. New clause 57 does that by enabling the agency to bring proceedings before the employment tribunal if individuals are unwilling or unable to. Under clause 58, the agency can also offer advice and assistance to individuals bringing employment-related cases before the courts or tribunals.
The Government are also moving amendments to upgrade the powers that the Fair Work Agency will need to tackle labour abuse effectively. The Bill Committee heard from stakeholders, including Eleanor Lyons, the UK Independent Anti-Slavery Commissioner, about bad practices in the social care sector. The Gangmasters and Labour Abuse Authority is prevented from investigating many cases because they do not meet the modern slavery threshold. The Fraud Act 2006 covers situations that amount to labour abuse but fall short of being modern slavery. Today we are bringing forward two amendments that will deliver the Government’s commitment to give the Fair Work Agency the strong powers that it needs to tackle labour exploitation. We will enable Fair Work Agency enforcement officers to use their powers to investigate such cases, helping the agency to protect the most vulnerable in the workforce. We will also give enforcement officers the ability to issue special warnings following arrests. In practice, that means telling suspects that if they refuse to answer questions about certain items or their whereabouts, that could be used against them in court.
As well as reforming and strengthening the powers, the Government are moving amendments to expand the remit of the Fair Work Agency to ensure effective enforcement of statutory sick pay and holiday pay. Today’s amendments will bring Northern Ireland SSP legislation into the scope of the Fair Work Agency, and will introduce a requirement for the Secretary of State to obtain the consent of the Northern Ireland Executive before bringing any further devolved legislation in scope. Further amendments will bring within the agency’s scope the duty in the working time regulations for employers to retain records relating to holiday pay and annual leave for six years. It is the Government’s intention for the Fair Work Agency to take on enforcement of new protections relating to zero-hours contracts. That is subject to a consultation on the detail, and to the outcome of the spending review.
New clause 60 gives the Fair Work Agency the power to recover the cost of taking enforcement action from businesses that are found to be non-compliant with the law. That is in recognition of the “polluter pays” principle. It is similar to how other regulators operate, such as the Health and Safety Executive. We will consider carefully and discuss the matter with businesses as appropriate before exercising that power, but it is an important principle that where there is wrong, the person in the wrong makes some contribution towards the cost to the taxpayers of enforcing the law.
To sum up—I know many people are eager to speak in the debate—the Bill will ensure that workplace rights are fit for a modern economy, empower working people and contribute to economic growth. I urge hon. Members to support the Bill and the amendments that we are moving today, which show that we are pro-business, pro-worker, pro-family and pro-growth.
The Chancellor said:
“The regulatory system has become burdensome to the point of choking off innovation, investment and growth”,
but that is precisely what the Bill does. I do not know how the Government can say that with a straight face when, as we stand here today, blocking regulatory burdens cost every business in the land—small, medium or large—£5 billion.
“means an organisation or person employing 500 or fewer employees”.––[Official Report, Employment Rights Public Bill Committee, 3 December 2024; c. 177.]
So if there is any confusion, it is on the Conservative Benches.
“choking off innovation, investment and growth.”
To pretend otherwise would be taking the public for fools.
On new clauses 89 and 90, almost everything this Government have done is contradictory to the objective of growth, if that remains their objective this week. Whether it is the national insurance jobs tax, the changes to business rates or this Bill, everything they do seemingly goes against growing the economy. It is little surprise that, under Labour, the economy is flatlining.
The Prime Minister said earlier this year that everything the Government do will be subject to a “growth test”. However, the details of that test have been sparse, at best—so sparse, in fact, that people may well think it does not exist.
There is no greater evidence that the growth test does not exist than the Bill, because if such a test did exist, this Bill would fall at the first hurdle, but today I come with good news: I have two amendments that the Government can back this afternoon to help them to grow the economy. Those amendments are, of course, new clause 89 and new clause 90.
New clause 89 would require the certification officer to advance the objective of the international competitiveness of the economy, and new clause 90 would require the Secretary of State, who is again not in his place, to have regard to international competitiveness when passing regulations under part 4 of the Bill concerning the trade unions. The Government have been asking regulators for ideas to boost growth—it is a contradiction in terms to ask the regulator to boost growth—but we are happy to help them with their quest. The Government should be able to support these amendments. If they cannot, it shows that they are not serious about economic growth and, more tellingly, that they do not intend to use the powers in part 4 of the Bill to achieve growth or international economic competitiveness, because they do not intend to exercise them in a way that is compatible with those objectives.
New clause 88 on trade union political funds will, I am sure, get the Government a little bit hot under the collar. This is a “Labour party first, country second” Government. Nowhere is that clearer than in the changes that the Government are making to the political fund through the Bill. Let us be in no doubt that the changes have one simple purpose: to bolster the coffers of the Labour party.
Clause 52 will mean that members of trade unions will automatically contribute to their trade union’s political fund without being asked about it first. Members will have to opt out, rather than opt in, as they do at present. [Interruption.] Did someone want to try to defend that? No? Okay. If trade union subscriptions are to be used for party political campaigning, it should be a conscious decision of the trade union member to endorse such campaigning.
An opt-in is the default under consumer protection law and information law. Combined with the 10-year reminder change, it is highly likely that many trade union members will not be aware that their subscriptions are being used in this way or that they are eligible to save money on their trade union fees by not being a member of the political fund. Despite all the talk of supporting working people, it is clear that that concern simply does not apply when working people’s money is being taken to fund the Labour party and other political causes. We have tabled amendment 291 because we believe fundamentally that people should consent explicitly to what is, in effect, a subscription trap. Amendment 291 would simply maintain the status quo; it is the right thing to do.
In fact, the Secretary of State for Business and Trade, the right hon. Member for Stalybridge and Hyde (Jonathan Reynolds), pledged to end auto-renewal subscriptions. When the Conservatives were in government, we passed the Digital Markets, Competition and Consumers Act 2024, which contained two significant proposals on subscription contracts that are notable here. One of those was reminder notices. Businesses need to provide notices to consumers to remind them that their subscription contract will renew and payment will be due unless the consumer cancels. The second proposal was to allow consumers to be able to exit a subscription contract in a straightforward, cost-effective and timely way. Businesses need to ensure that the process for terminating is not unduly onerous and that consumers can signal their intent to end the contract through a single communication.
The Labour party, which was then in opposition, supported those aims—in fact, the Bill did not go far enough for Labour at the time. On Report, the hon. Member for Pontypridd (Alex Davies-Jones) tabled new clause 29, which the Labour party voted to add to the Bill. The new clause had a two-pronged approach. It required traders to ask consumers whether they wished to opt into subscriptions renewing automatically either
“after a period of six months and every six months thereafter, or…if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due.”
The second aim of the new clause, which the Labour party used to support, would have required that if the consumer did not opt into the arrangement described, the trader had to
“provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.”
If the consumer did not provide a notification, the subscription contract could not renew.
Where am I going with this? [Interruption.] Government Members are chuntering too early, because there has been a considerable shift in the Labour party’s policy position on subscription traps. It seems to believe that consumers should be given every possible opportunity to cancel subscription contracts with businesses, but that it should be as hard as possible to cancel a subscription to the trade union political fund. Under amendment 292 and new clause 88, trade union members would have the same rights, pushed for by Labour, as other individuals with a subscription.
New schedule 2 could be used to give sweeping powers to Labour’s trade union paymasters, as the Secretary of State could reduce the threshold for trade union recognition to as little as 2% of the workforce. Trade unions could easily be imposed on workplaces across the country, with small employers being particularly vulnerable. In a workplace of 200 workers, fewer than five of them would be required for workplace recognition. Paired with the other measures in this Bill, that will strike fear into business owners across Britain, who could now be forced to deal with all-powerful trade unions as part of Labour’s return to the 1970s. The way in which Labour has gone about this is just another example of the shoddy nature of this Bill and of Labour’s approach to workplace regulations. The Attorney General has said that
“excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation, upsets the proper balance between Parliament and the executive. This not only strikes at the rule of law values I have already outlined,”—
I am quoting him—
“but also at the cardinal principles of accessibility and legal certainty.”
On facility time, amendments 293 and 295 would remove clause 54, “Facilities provided to trade union officials and learning representatives”, and clause 55, “Facilities for equality representatives”. They would remove the requirement to provide reasonable time off for facility time, the creation of facility time for equality representatives and clauses that will reduce transparency requirements over facility time, respectively. Together with amendment 296, they would prevent facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance. Trade union facility time already costs the Government nearly £100 million a year. Under the last Labour Government, the civil service spent 0.26% of its annual pay bill on facility time, compared with 0.04% in the private sector. Under the last Conservative Government, in 2022-23, the average for the civil service was 0.05%.
Labour councils are still the worst culprit. The transparency data collected by the Government in ’22-23 shows that Transport for London under the Mayor of London, Sadiq Khan, has 881 full-time equivalent union officials on the books, costing £8 million a year. Bankrupt, Labour-run Birmingham city council has 30 full-time equivalent union officials on its central books, costing £1.2 million—no wonder that it went bankrupt. Furthermore, the council had 12 full-time equivalents in its maintained schools, costing £583,000.
Clauses 54 and 55 will increase that cost by giving more time off to public sector union officials at the taxpayer’s expense. That is not right when the Chancellor is asking Ministers to make cuts to their Departments across the board. Public services will be worse and the taxpayer will be expected to contribute more.
Furthermore, the Bill extends the right to facility time to equality representatives, who will now be allowed paid time off work to carry out activities for the purposes of
“promoting the value of equality in the workplace…arranging learning or training on matters relating to equality in the workplace…providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace…consulting with the employer on matters relating to equality in the workplace”
and
“obtaining and analysing information relating to equality in the workplace”.
Those are all noble goals, but that should not be done at the taxpayer’s expense.
I make no comment on the value that those activities will add to public sector employers and their productivity. What I will say is that we have already seen this Government being happy to hand over large pay increases to trade unions with no guarantee of anything in return. That is why we have tabled amendments 293, 295 and 296, in an attempt to ensure that the taxpayer gets something out of this latest concession to the trade unions.
On amendment 297, trade unions can create significant disruption in the economy, whether by stopping work from taking place or preventing people from getting to work, school, hospital appointments or many other activities. We must strike a fair balance between the ability of trade unions to strike and the public whom we all serve.
Our amendment 297 will mean that vital public services such as the NHS can better plan and prepare for strikes. It simply seeks to keep the status quo of two weeks’ notice. Without adequate warning, constituents of Members from across the House are more likely to miss hospital appointments, not be able to travel to see loved ones or get to work, or suffer greater disruption when schools close due to strikes. That is part of the reason why, in the consultation on thresholds, 58% of those who responded supported retaining the 14-day period as it currently is, with 7% preferring a longer period. Two thirds of respondents therefore wanted the period to stay the same or be longer. Labour promised that it would work with business on this Bill, but its response to that consultation is just another example of the Government having their fingers in their ears and simply not listening. The reduction to 10 days is against the wishes of business and will do harm to all our constituents. That is why we have tabled amendment 297 to retain the notice period of 14 days.
On amendment 299, strikes should only take place when there is a clear mandate for them, but clause 58 will mean that strikes can happen with low thresholds by removing the 50% turnout requirement and the 40% support requirement. Combined with Government amendments to extend the mandate for strikes from six months to 12 months, this Bill allows unions to unleash waves of low-support, rolling strikes. Those costs will come on top of the national insurance jobs tax and changes to business rates—mistakes that the Government are already making—making it more difficult to run a business. That is why we have tabled amendment 299, which will remove clause 58.
There is much in this Bill to speak to, Madam Deputy Speaker, but I will not test your patience or the patience of the House further by going into those things. I look forward to a thorough debate that will further point out—not least through Conservative Members’ contributions—why the amendments to this Bill that the Government have tabled this afternoon will harm our economy, destroy jobs, and just give more power to the trade unions.
I call the Chair of the Business and Trade Committee.
I will try to introduce a few points of consensus to the debate. I am old enough to remember when Conservative Members such as the former Member for Harlow were writing pamphlets for think-tanks such as Demos with titles like “Stop the union-bashing; why conservatives should embrace the trade union movement”. Of course, that was an echo of something that Harold Macmillan famously used to say in the 1950s: “We used to think that we could not have a modern industrial society without trade unions. I still think that.”
I think we would all benefit from a little acknowledgment that industrial relations in this country have not been in a good place. In 2023 more days were lost to strikes than at any point in the past 30 years, and the Office for National Statistics calculated at the back end of 2022 that 2.5 million days had been lost to strike action. That is not a record that any one of us in this House should be proud of. It is incumbent on all of us to modernise industrial relations in this country, so that we are not divided in the workplace in this way.
As such, I welcome the measures in this Bill. I hope that the Minister will seize the moment—not only the fact that we have the Bill, but the advent of an industrial strategy that will introduce governance arrangements that get businesses and unions around the table to talk about economic growth in our country. That is a big opportunity; it is a big moment in which we can bring our country together around a modern industrial strategy. I hope that once the Minister has got this Bill done and has had a little bit of a rest—maybe gone on holiday for a bit—he will think about how the Government will then publish a modern industrial strategy for the future, backed by the restoration of some of the data that we used to have in this country, such as the workplace employee survey. We had that until about 2012, when it was stopped. We need to be more thoughtful about harmony in the workplace, because that is in the interests of the constituents we serve.
My second point was to draw the House’s attention to some of the evidence taken by our Select Committee. That evidence is contained in our report, which I commend to all hon. Members. What struck me about the evidence we heard from the most productive firms in the country, such as Jaguar Land Rover, Rolls-Royce and BAE Systems, was that those are world-beating companies—some of the most productive companies in our country—and what characterises the workplace arrangements of all of those companies is that they have very long-standing, robust and deep partnerships with good trade unions. Those trade unions help make decisions, help de-conflict things and help businesses thrive and succeed. That is why stronger collective rights are important.
We also took evidence from companies where, I am afraid to say, there was not that harmony, such as Amazon. It has had to call ambulances to its warehouses 1,400 times in just five years. We on the Committee received whistleblower evidence from workers who were literally having to urinate into bottles because they did not dare take time out from their tasks to go to the bathroom and back. We heard all kinds of whistleblower complaints about injuries being sustained, and pay is rising much more slowly than sales.
When we had executives from that company in front of us, they could not—or would not—tell the Committee why strike action had been taken by workers in their firm. If a company executive cannot explain to a Select Committee of this House why so many of their workers are on strike, that is not a story of harmony or a recipe for success. That is why the measures that the Minister has brought forward in this Bill to improve the opportunities for trade unions to organise—in a way that was recommended by the former Member for Harlow, actually—are a good thing.
The Minister has gone some way in recognising recommendations made by our Committee, such as improving the window in which complaints can be heard beyond 24 hours, bringing in template access agreements and strengthening the role of the Central Arbitration Committee in dispute resolution. There is just one further step that I suggest, which is the subject of amendment 282. We suggest that access rights for trade unions should include digital access rights, because in the modern workplace, of which Amazon is a case in point, there simply is not an opportunity for workers to get information about the opportunities to join a trade union and make a fair choice one way or the other in the way that there could be in the modern economy.
My final point is about enforcement. The first factory Act passed by this House was the Health and Morals of Apprentices Act 1802. It was celebrated in parliamentary history as an Act that failed because there was no enforcement attached to it. Enforcement of this Bill is essential if it is to succeed, but labour market enforcement today is much too weak. Just 21 employers have been prosecuted for minimum wage enforcement since 2007, despite the fact that we all know that abuses of this sort are taking place in our constituencies.
Spending on labour market enforcement has been flat since 2014, and we are well off the International Labour Organisation target of one labour market inspector for every 10,000 workers. New clause 82 in my name would require the Secretary of State to set out a road map for reaching that ILO target, for ensuring there is greater use of penalties where appropriate, and for much stronger partnerships between the Home Office, the police and the Fair Work Agency. We cannot have a situation in this country where the best of British firms are being undercut by the worst labour market practice.
In conclusion, I welcome this Bill. Some of the amendments that have been tabled would improve it, but ultimately we have to remember that if we want to create a genuinely pro-business, pro-worker economy, the measures in this Bill are long overdue.
Overall, throughout its passage, we Liberal Democrats have indicated our support for many aspects of the Employment Rights Bill, such as those we debated yesterday, including boosting statutory sick pay, strengthening parental pay and leave, and giving people on zero-hours and low-hours contracts more certainty. However, a lot of crucial detail has been left to secondary legislation, to lots of new Government amendments and to continuing consultations, which makes it impossible to explicitly endorse the Bill as a whole at this stage. Even with 264 amendments in Committee and 457 Government amendments on Report, major issues are still yet to be determined, especially in part 4. Even after all those amendments, the Government say that they intend to
“consult further on modernising the trade union landscape following Royal Assent”
of this Bill, including on admissibility requirements, a code of practice and secondary legislation. It is therefore clear that part 4, which we are debating today, is still far from finalised.
We Liberal Democrats believe that employee participation in the workplace is vital, but we also believe that it should go hand in hand with wider employee ownership. That is so important for diffusing economic power, promoting enterprise, increasing job satisfaction, improving service to customers and getting long-term economic stability and growth. The Government’s proposals on trade unions are aimed at strengthening employee rights in what can often be a combative and confrontational working environment, and we Liberal Democrats see this Bill as a missed opportunity to improve employee engagement and ownership to provide collaborative working environments and long-term growth, whether by reforming company purpose rules or putting a duty on employers to encourage employee ownership in large listed companies. However, given what we have before us, we have tabled a few amendments.
First, new clause 19 is about the right to be accompanied, and it does what it says on the tin. It would expand the right for staff to be accompanied by a certified companion at disciplinary and grievance hearings. That is a long-standing Liberal Democrat policy, and I hope it is not too controversial, as it simply rectifies an anomaly. The current law allows only trade union representatives or colleagues to accompany an employee, and that leaves many without proper support. Some sectors, such as the medical profession, already allow accompaniment by non-union companions, yet that is not reflected in law. Our targeted amendment would fix that anomaly, and I urge the Government to accept it.
New clause 110 simply requests that the Government conduct a review on the impact on small business. Throughout the Bill’s passage, we have expressed concern about the cumulative impact of all the Government’s work in this area and the impact it will have on small businesses in particular. Just the other day, the Federation of Small Businesses told me that it spends thousands and thousands of hours giving advice to small businesses on employment matters, and these new obligations will create a huge amount of extra law for them to understand, interpret and apply.
Small businesses do not have the same resources as big business. They often have no legal department, no compliance team and perhaps no human resources specialist. Because small businesses are often rooted in their community, they are conscious of their reputation. They know their employees and they want to get things right. That means it will take extra time, effort and cost for them to navigate and comply with this part of the Bill, and that is before we get to everything else that the Government are seeking to introduce.
Small businesses are telling me that, taking the measures of the employment Bill together with the changes to national insurance and business rates and everything else, they feel overwhelmed. All that new clause 110 does is ask the Government to conduct an impact assessment. We know that small businesses are passionate about their employees. Small businesses are often the ones to give people their first job. They are often the companies that give people a second chance. They provide part-time, flexible working and opportunities to return to work, so I encourage the Government to look at the impact of part 4 on small businesses.
New clause 111 is about introducing legal aid in employment tribunals. When legal aid was first introduced, the intention was for it to become the NHS of the justice system, but we know that today legal aid is far from that. Our amendment would require the Secretary of State to report on options for expanding the right to legal aid in employment tribunals. We already know that many employees cannot afford legal representation, and that creates an imbalance of power when facing well-resourced employers. The amendment simply asks the Government to look at the options that might be available in that regard.
New clause 112 asks for a review of the single enforcement body. We Liberal Democrats positively support the Government’s efforts to create a single point of contact, rather than four. A similar measure was in our manifesto, where we called for a powerful new worker protection enforcement authority. As a matter of good practice, when putting different organisations together, it is important to make sure that no gaps are created in that protection. The review we ask for is not just a formality, but an important safeguard to ensure that employment rights enforcement is effective, fair and fit for purpose.
There is much in the Bill that we Liberal Democrats welcome, but there are many parts of it that we simply cannot support because it is not yet clear what the Government’s intentions are. We urge the Government, in the strongest possible terms, to look at the impact on small business, as it is an area about which we are deeply concerned.
I begin by declaring my interest as a proud trade union member—a member of the National Union of Mineworkers and Unite the union, and an honorary member of the Prison Officers Association—and as the chair of the trade union group of Labour MPs.
It is a pleasure to speak about a piece of legislation that turns the tide on decades of anti-trade union laws—laws that have restricted the power of workers and seen the wealth of those at the top grow exponentially. On a personal note, let me say that it is fitting that the Bill should be before the House this week. Last Wednesday marked 40 years since I—along with my father, who has sadly passed on, my brothers and thousands of my colleagues—marched back to work at the end of the miners’ strike. The fact that, although bruised and battered, I am still here today speaking about the Bill proves that while the party of vulture capital may have won a victory in 1985, they did not win the war. This is a good Bill, but it could have been a lot better. Through further time, further discussion and further legislation, it will prove to be a great Bill, and I believe that the new clauses and amendments that I have tabled would strengthen and enhance it.
Workers in the UK have never, ever had the right to strike, but since 1906 their unions have had protection against common-law liability, subject to the meeting of statutory conditions. New clause 108 would establish a positive right to strike, bringing the UK into line with most of the democratic world. It would also remove provisions that make strike action unlawful if it turns out, retrospectively, that the action the workers took was unofficial. That is important, because workers currently have to take it in good faith that the union has managed to navigate the bureaucracy of taking action, and that unscrupulous bosses cannot summarily dismiss them if it has not.
New clause 109 is wide-ranging. The UK’s ban on secondary action is almost unique in the world, condemned on every occasion when the International Labour Organisation has considered the position since 1989. When P&O Ferries flouted its legal obligations by not consulting over mass dismissals and by dismissing people unfairly, the unions were unable to react by calling on dock workers, lorry drivers and workers in other industries on the dockside to boycott the vessels in dispute. That was outrageous: we need to bring back solidarity action. I want to support people in industrial disputes, and new clause 109 would put situations like that right by ending the ban on secondary action. It would remove the need to provide a ballot paper to the employer, remove the obligation on unions in long-running disputes to rerun the ballot every six months, and enable industrial action to achieve recognition for collective bargaining.
Amendments 347 and 348 would change the requirements for notification about the results of a union ballot, meaning that they could be displayed online with easy access for the public. Amendments 345 and 346 would remove the restriction confining pickets to the worker’s workplace. The reason secondary picketing was banned in the first place was the fact that it was a tool that benefited workers and advanced their cause. Solidarity action should be an important part of seeking the resolution of disputes.
The Bill brings measures that aim to end discrimination and place equality at the heart of the workplace. It gives key workers in social care and school support more say in pay and conditions through their unions. It brings measures to tackle exploitative zero-hours contracts, gives protection against unfair dismissal from day one, and extends sick pay rights. It repeals minimum service level laws and the majority of the reactionary Trade Union Act 2016, provides greater rights for workers to organise collectively through their trade unions, and reduces bureaucracy affecting trade unions during industrial action processes.
The howls of derision from Opposition Members show that the Labour Government are doing the right thing. This is a good Bill that should mark the start of a process. I hope that my hon. Friend the Minister, who has done a fantastic job, understands that we are all just trying to strengthen the Bill through our amendments. While we accept those howls of derision from the Conservatives, it is worth reminding the House, and indeed the country, that the turquoise Trumpian Tories in Reform have also opposed the Bill at every step of the way. Perhaps it is because, as a company—for that is what they are—they want to ensure that their workers, such as the hon. Member for Great Yarmouth (Rupert Lowe), are limited in how they can address workplace bullying by the owner; or perhaps it is because, while they masquerade as a party for the ordinary men and women of this country, in reality they are simply a Margaret Thatcher tribute act with a sprinkle of bigotry, determined to advance her destructive agenda at all costs, regardless of its impact on working people across our country.
Before he leaves, let me thank the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) for his very measured comments. I enjoyed his referral back to the industrial relations of the 1950s, although I should point out that we have moved on a little since then; I will say more about that shortly. I also thought that he simplified the Opposition’s position. We are not here to bash the unions. We support a progressive, modern trade union movement in which the balance is struck correctly between employer and employees. Unions should not and do not run businesses, but they are an important part of our industrial relations landscape.
There can be little doubt that this is, unfortunately, a Bill drafted by the few to the detriment of the many, and the numerous provisions that will largely abolish the Trade Union Act 2016 threaten to drag the country back to the dark days of the 1970s. The very enjoyable speech that we have just heard from the hon. Member for Blyth and Ashington (Ian Lavery) perhaps illustrates that return to the 1970s. I am pleased to see a number of his friends from the rebellious left on the Government Benches, and I look forward to hearing their comments in due course.
The Trade Union Act 2016 was brought in by the last Conservative Government to reflect the modern British economy and workplace. It moved the trade union movement into the 21st century and ensures that hard-working people are not disrupted by little-supported strike action.
I wish to go back briefly to the ’70s—the height of the trade union movement. The number of trade union members peaked in 1979, at around 14 million. Since then, the number has declined considerably to around 6 million, the majority of whom are in the public sector. It is often for good reason that people in the public sector are members of a union, but it means that the landscape has changed. We have moved away from being a society and an economy of heavy industry and large manufacturing, and of towns that may have been built on one or two industries, or one or two factories, where everybody in that area was largely employed, either directly or indirectly, in those places. That was where the trade union movement was required, where it was strong and where it was needed.
The modern workplace is very different. We are now largely a services-based economy, and the relationship between employer and employee is much more modern and much more flexible. We have heard about the need for the traditional trade union movement, and about a return to secondary action, flying pickets and so forth. Clearly, there is no place at all for that in the UK now.
It is really important that the Bill does not take us back to a place where growth is stifled. The Government talk about the importance of growth but, taken together, this Bill and the Budget will cause us a very severe problem, because there is very little point in having extra trade union representation if unemployment is going through the roof. Those who are unemployed will not be represented.
My big fear is that, overall, this Bill is an act of economic sabotage. It protects the dinosaurs from extinction, it damages the UK economy and it ensures only that trade union donations continue to flow into the Labour party.
What people on this side of the House probably do not know is that I am also an associate member of the Chartered Institute of Personnel and Development, the professional body for the people profession, and I have spent over 20 years as a manager and an employer. I have therefore spent most of my career working with people, managing people and employing people. I have ensured that staffing levels are maintained on the hours that people are contracted and available to work, and I have managed their flexibility without having to resort to bank or agency staff every week. However, as a trade union rep, I have prepared for and worked on consultative ballots, statutory industrial action ballots and—oh yeah—political fund ballots. I have done the hard yards: I have walked the wards at 3 o’clock in the morning to speak to the night shift, and I have gone out to remote workplaces to engage with people. But I have also met management to agree on what essential levels of service are.
I pay tribute to all of those who have worked on this Bill to get it to the place where it is today, and I welcome its coming back to the House. I believe in fair work; a relationship between the employer and the worker that is based on equality; a fair day’s pay for a fair day’s work; and the right of an individual to withdraw their labour should workers collectively vote to do so. We discussed yesterday what a healthy employment relationship looks like, and it is about more than just pay. It is about how people are treated at work, and it is about ensuring that work pays and that people have not only a job but guaranteed hours, if that is what they want. If someone wants to work full time, they should not have to work two or maybe three contracts with the same employer to make up those hours, or to work the same excess hours every week for months and months—until they want to take an annual leave day, when they lose their entitlement to that.
Today’s amendments focus on two main aspects of the Bill: the rights of trade unions to organise in a way that we recognise in the 21st century, and how this vital piece of legislation is enforced. As we have been reminded, the world of work has changed fundamentally in the last 20 years, and so has the world of trade unions. I listened very carefully, and with great respect, to the hon. Member for St Albans (Daisy Cooper), who spoke of the combative and adversarial nature of trade unions, but that is not the world that I recognise.
Electronic balloting has long been common practice, but not for statutory trade union ballots. This is not just about public votes on “Strictly Come Dancing” or “I’m a Celebrity…Get Me Out of Here!” I noticed that the Conservative leadership election in 2024 made great use of electronic balloting. It is absolutely time for trade union ballots to be brought into line with society, so I welcome the measures in the Bill to widen the methods of voting in industrial action ballots.
While I am on the subject of balloting, let me also say that I support the extension of the period of time before a re-ballot takes place to extend the mandate for strike action. The ultimate aim of any form of industrial action is for disputes to be resolved by all of the parties involved, ideally before any action is taken, before labour is withdrawn, before individuals lose their money and before the public are affected. The role of the Government should be to ensure that intransigent parties get round the table and talk in order to resolve any issues. Conservative Members have reminded us that when faced with that opportunity, they did exactly the opposite. They introduced the Strikes (Minimum Service Levels) Act 2023, a piece of legislation that is so useless that it has stopped precisely zero strikes. It was used precisely zero times and is rightly being repealed as part of this legislation.
What Conservative Members do not recognise is that trade unions and trade union members do not take action lightly. I do wonder what the shadow Minister, the hon. Member for Mid Buckinghamshire (Greg Smith), was thinking, because he has obviously never talked to trade union members. People know their rights, they want to belong to things and they want to be involved. People collectively make such decisions, and they individually make decisions about their subscriptions—and by golly they know, because they have told me. These provisions have not been brought in with businesses kicking and screaming. Most businesses that work well with people know exactly what is going on.
I need to make a correction. I should draw Members’ attention to a printing error in Government new clause 52 as it appears in the printed version of today’s amendment paper. The closing words at the end of subsection (1) should read:
“the Secretary of State may withdraw it by giving a notice of withdrawal to the person.”
A corrected version of the amendment paper is available online.
The main thing that I want to address in my short speech is the idea that Labour is beholden to the unions. That is often suggested, but let us just look at the facts, because we need to put this to bed. Between 2019 and 2024, Labour received only £31,314,589 from the unions, and in this Parliament more than 200 Labour MPs have been paid directly by the unions. The Ministers in the Department for Business and Trade have collectively received about £120,000 from unions. What are the unions paying for? Whatever it is, they have been handsomely repaid in the drafting of this Bill. To make it easier for Labour Members, who were all here to hear my point of order, perhaps they could put their hands up if they have not received any cash from the unions—oh dear, oh dear!
Clause 52 suggests that there should be a requirement to contribute to political funds when people join a union. It changes the rules on how union members should donate and how they should contribute political funds to the Labour party. Clause 52(2) changes subscriptions from an opt-in to an opt-out. That raises the question: why do we need this clause? What is the problem that the Labour party is trying to fix? Is £31 million just not enough? This clause encourages unions, when signing up members, to take advantage of their distraction, because members will not be focused on that and they will fall into what is in effect a subscription trap.
In other circumstances, the Labour party does not think that subscription traps are a very good idea. In fact, the Government sent out a press release on 18 November 2024 entitled, “New measures unveiled to crack down on subscription traps”. That sounds good so far. It says:
“Consultation launched on measures to crack down on ‘subscription traps’ and better protect shoppers…Unwanted subscriptions cost families £14 per month per subscription and £1.6 billion a year in total”.
It goes on:
“New proposals to crack down on subscription traps have been unveiled today…‘Subscription traps’ are instances where consumers are frequently misled into signing up for a subscription…It comes as new figures reveal consumers are spending billions of pounds each year on unwanted subscriptions due to unclear terms and conditions and complicated cancellation routes.”
The Business Secretary says:
“Our mission is to put more money back into people’s pockets and improve living standards across this country, tackling subscription traps that rip people’s earnings away is an important part of that.”
Clause 52 flies in the face of that press release.
Here we have it: a clause of direct financial interest to Labour Members. We have so far had two speakers who have both received very significant sums from the unions, to which they did not directly refer. The first was the hon. Member for Blyth and Ashington (Ian Lavery), who has received £20,000 from the unions, according to his entry in the Register of Members’ Financial Interests. The second is the hon. Member for Cumbernauld and Kirkintilloch (Katrina Murray), who has received £14,000 directly from the unions. This is germane to this debate.
I support amendment 291, in the name of the Opposition, which would remove clause 52. At the moment, this is a circular Bill of self-interest: Labour Members get money from the unions, the Bill increases union powers and that clause increases the amount of money from the unions. The clause is brazen and shaming, and it should be removed.
As a former trade union negotiator, I spent more than 20 years of my working life standing up for people in low-paid jobs. As a former head of local government for UNISON Scotland, I was proud to represent the bin collectors, the carers and the school support workers, all of whom are the bedrock and the backbone of our local communities, and on whom we relied so much during the covid pandemic. When their bills went up, they turned to their trade unions, asking us to negotiate for nothing more than a fair day’s wage for a fair day’s work. Yet under laws introduced by the previous Government, fighting for those workers too often felt like fighting with one arm tied behind our back, within a legal framework that allowed bad businesses to ignore trade unions and the voice of workers; allowed businesses to flood a bargaining group to prevent trade union recognition and weaken workers’ voices; and allowed employers to impose minimum service levels—an attack on workers’ rights that did nothing to address the reasons why our public services were struggling.
Let me be clear: Labour Members have no problem with businesses. The problem is that the previous Government allowed exploitation to thrive. Most businesses want to do right by their workers. They know that fair pay and good conditions lead to happier workers and a more productive economy. They know that treating workers fairly is not a burden, but a benefit. That is why the Bill is so important. It fixes these issues. It expands statutory sick pay to help people improve their health and wellbeing and get back to work. It improves industrial relations and will give workers stronger protections with regard to their holiday pay. It introduces a new Fair Work Agency to enforce those new rights, because, frankly, there is no point in having those rights unless they can be enforced.
What the Conservative party just does not get is that being pro-worker is being pro-business and pro-growth. When they introduced burdensome red tape on trade unions, they introduced burdensome red tape on businesses and their ability to engage in the bargaining and negotiation process that settles disputes quickly. Negotiation with trade unions means fewer disputes, fewer days lost to industrial action, and greater economic stability.
At the general election, Labour pledged to make the biggest upgrade to workers’ rights in a generation, restoring dignity to work and putting more money in families’ pockets. Today, we take another step towards delivering that promise. I want us to be more ambitious—we on the Labour Benches are always ambitious—and draw the Minister’s attention to the potential issue in the Bill regarding the lower earnings limit for statutory sick pay. I hope that can be resolved when the Bill goes to the other place.
I finish with a quote from Paisley’s own Robert Tannahill:
Good work is good for people. It provides dignity. Work should provide security, not uncertainty. It should be a source of pride, not precarity. It should be a means of building a good life; it should not just allow people to scrape by. That is what the Bill stands for, and what this Labour Government stand for and will fight for, and I am proud to support it.
I will talk in favour of amendments on the political fund, new clause 88 and amendments 291 and 299, and will refer to access to the workplace. I refer Members to my entry in the Register of Members’ Financial Interests, not least because I worked in a small family business and retain an interest in the family business. Also, before being elected, I was president of the Greater Birmingham chamber of commerce, one of the largest and oldest chambers of commerce in the country and the world, representing thousands of small businesses.
Let us be in no doubt: this is a terrible piece of legislation. It is a love letter from the Labour Government to trade unions, and it will lead to a trail of socialist carnage and destruction that will leave the country reeling for many, many years to come. It harms business, undermines employment, will drive up unemployment and will do nothing to increase growth or investment in the United Kingdom, the purported aims of the Government. In fact, the Government’s original impact assessment, when the Bill was first introduced, talked about the cost to business being about £4.5 billion, reaching almost £5 billion. We are yet to see the impact of the new amendments—a further move to a more socialist version of the Bill—and their cost to businesses.
The right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), who is a friend and neighbour, talked about the modern workplace. I agree that the workplace has changed since the 1950s and even the 1970s, but the Bill will take the workplace back to the 1970s. It fails to achieve a balance between working people and businesses, and a relationship between trade unions and businesses. In fact, it goes way, way down the line in favouring trade unions, and it makes it much harder for people to run businesses. When I was president of the chamber of commerce, I was perfectly fine with trade unions and having good relationships with them. I had friends who joined trade unions, even though they were not in a unionised workplace. I encouraged it. They needed representation, and I thought it was a good thing to do. I have no problem with trade union relationships in the modern workplace, but a balance must be achieved.
A comment was made about economic units. Economic units are the businesses that create economic growth. Of course workers are really important. My employees were really important to me, because my business could not run without them. The majority of business owners recognise that. Conservative Members recognise that there is a symbiotic relationship between the people who run businesses and the employees who work in them. Those individuals running businesses are drivers of economic change. They are innovators who come up with the ideas. They are the risk takers who turn a profit, which pays the taxes that fund our public services. Unfortunately, the Bill does not recognise any of that. In fact, businesses are anxious and are worried about what it is introducing.
There is also anxiety about the clauses on access to the workplace. The Government have now gone further and talked about digital access. This is a huge burden to put on small businesses, and it is shameful of the Government wilfully and blindly to ignore their concerns. Labour Members will have to answer many questions from businesses in their communities. Those same businesses contribute to the Treasury coffers and pay for the public services that Labour Members champion. This will be really important, and the burden will of course increase.
Before—and after—the election, and during the passage of this legislation, Labour has said time and again that it was listening to businesses. Clearly that is not the case. Businesses continue to feel that they have been led up the garden path by this damaging Labour Government.
“The Employment Rights Bill represents a significant step forward in improving conditions for the UK’s workforce.”
In the short time I have left, I will make a couple of quick points. Labour Members keep saying that the Bill will lead to fewer strikes. It will not; it makes it easier to strike. In fact, the Transport Secretary today said that strikes will be necessary in the areas covered by her portfolio. The Bill will make it easier to strike, not harder. [Interruption.] Labour Members are exercised; I am sure that they will get a chance to comment. The country is at risk of being turned into a 1970s-style striking country. This Bill should be a wake-up call for all working people and businesses that will be undermined. As we have heard from Members from across the House, only the Conservatives will stand up for businesses.
I have questions for all Labour Members. People ask what this Labour Government stand for. They undermine businesses and working people, so that is a legitimate question. I fail to see who, other than trade unions, the Labour party now stands for. When people asked what we Conservatives stand for, Margaret Thatcher had a very good answer. She said that the Labour party—[Interruption.] The hon. Member for Paisley and Renfrewshire South (Johanna Baxter), who spoke before me, read out a quote; I think I should do so as well. Margaret Thatcher said:
“The Labour Party believes in turning workers against owners; we believe in turning workers into owners.”
I am in this place to stand up for working people, and that is what I will do. The best protection anyone can have at work is the support of their workmates, organised together in a union, and bargaining with management, sitting down with them as equals at the table, and making sure that the business grows and thrives, and that everyone takes home a fair wage. This Bill and the Government amendments will make it easier for working people to choose their union, be represented by their union, and get all the benefits of being in a recognised union, so that we have an economy where better terms and conditions at work go hand in hand with the growth that we need. Let us be clear: this Bill supports growth. It could add £13 billion to the economy through improvements to employee wellbeing, reduced stress, improved national minimum wage compliance, reduced workplace conflict, and increased labour market participation. That is the type of growth that we want.
On the amendments, I will start with access to workplaces, which are the key to getting more workers into unions. I strongly welcome provisions to give unions the right to access workplaces for meeting, representing, organising, recruiting and collective bargaining. I am glad the Government amended the rules to ensure they cover digital as well as physical access, and I am glad to see the Central Arbitration Committee oversight and penalties when employers do not comply, as is sometimes the case.
Once a union has established membership in a workplace, it will want to seek recognition. Most employers do not have to be forced to recognise a union—it is just what they do as a responsible employer—but where employers refuse, statutory recognition can be triggered. Until now that process has been absolutely mad and totally dysfunctional, and the cards are stacked against the working people and their union at every turn.
The worst example of this in recent years is at BHX4 in Coventry where a company dedicated to keeping unions out of its warehouses brought its US-style industrial relations to the UK, and took on its own workers who wanted no more and no less than for management to have to sit down and negotiate with their union, the GMB. Amazon is a £27 billion company in the UK yet its sales are growing three times higher than its frontline workers’ wages and it has had 1,400 ambulance call-outs in just five years. BHX4 in Coventry is not a safe workplace, with fulfilment centre workers getting injured, being asked to pick up too much, to load from the back of vehicles on their own, and to lift heavy weights above their heads. Those workers at that Amazon plant were forced to take 37 days of industrial action over poverty pay. At the Select Committee, the company’s badly briefed, evasive executives could not bring themselves to acknowledge that.
Recognising the GMB is a modest request, something 1,000 companies would have accepted without question, but not Amazon. At the Select Committee, the GMB organiser, Amanda Gearing, told us that Amazon flooded the bargaining unit; there were 1,400 workers when the GMB first sought statutory recognition but, strangely, just 27 days after that application went in the number went up to 2,749. Amanda told us how Amazon delayed the access agreement— 52 days to agree access to the workplace, a chance for the company to swamp the workers with anti-union propaganda. All the screens in the warehouse and the app used for work allocation were anti-union, threatening to close the site if workers unionised. When the access scheme was finally agreed, the GMB got a tiny number of screens and one 45-minute session with each worker, while Amazon had five one-hour sessions and screens everywhere. It induced GMB members to leave the union and in every way impeded access.
I pay tribute to the GMB leaders at Amazon in Coventry: Ceferina Floresca, Garfield Hylton, Paramanathan Pradeep and Mohammednur Mohammed—heroes, all of them. Standing up to huge intimidation and under huge pressure, they ran a brilliant campaign, but the deck was stacked against them, and they lost the ballot by a heartbreaking 29 votes. The GMB’s general secretary, my friend Gary Smith, is clear: if the legislation we are debating today had been in place, the GMB members at Amazon would have won their fight.
New schedule 2 will give unions greater protection from unfair practices during a recognition process and make winning it more likely. I wish that Ministers had gone the whole hog and deleted the three-year lockout; perhaps there will be an opportunity to take that forward.
In conclusion, as a whole, this package of modern industrial relations will lead to more sitting roundtables sorting out issues, fewer picket lines, fewer strikes, more productive relationships, more long-termism across our industrial base, better jobs, higher wages, higher skills and higher productivity. That is why the changes in this Bill to both collective rights and individual rights are so crucial, and so opposed by the Tories and the absent Reform party. This is the type of growth that my party stands for—the type of growth where proceeds are shared by all. It is time to make work pay.
First, I want to try to convince Labour Members that they missed an opportunity, because I am, at heart, a rabble-rousing potential motivator of people. When, about three Christmases ago, the ambulance drivers went on strike, it irked me that the soldiers who were going to stand in for them at no notice would have their Christmas ruined, so I started a campaign to try to get them an additional £20 for every day they stood in for the ambulance drivers. This plan was—the Chancellor would have loved this—net positive to the Treasury. Of course, the departments that employ the ambulance drivers and the arm’s length bodies do not pay them on strike days, and the pay differential between them and the £20 bung to the soldiers meant that the Government still saved money. I managed to get The Sun on board and get a letter into the paper, and did a bit of television.
It did help that the then Secretary of State for Defence was a friend of mine, with whom I served in the Scots Guards. We did get the £20 bung for all the service personnel who stood in—regardless of the fact, interestingly, that all the generals, air marshals and admirals were against it, as were all the officials. There you go—I very much have the same values at heart.
Secondly, to win over the other side of the House to the very fair point I will come on to make, let me pay tribute to the remark of the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), in respect of union membership, that he wanted people to
“make a fair choice one way or the other”.
I note that the hon. Member for Cumbernauld and Kirkintilloch (Katrina Murray) also referred to fair work. I want to come back to that theme of fairness in addressing amendment 292.
The Bill is, to put it politely, something of a cat’s cradle of clauses, so I will briefly remind the House that the Bill seeks to place on employers an obligation to give their workers a written statement that they have the right to join a union, and, if they do join, to contribute to the political fund. Amendment 292 would simply inject a bit of balance into the legislation by requiring trade unions to notify their members annually that they have a right to opt out of the political fund and to obtain an annual opt-in from their members.
This all puts me in mind of November 1988, when Mrs Thatcher was about to visit Poland. At Prime Minister’s questions, just prior to her going, an Opposition Member stood up and asked whether she would raise with Lech Wałęsa the right to join a trade union. There may be some Members present who were there—I will not be so ungallant as to ask. A roar went up from the Labour Benches, and the redoubtable Mrs Thatcher replied that she would raise with the Poles the right to join a trade union, but that she would also raise the right not to be a member.
The Bill seeks to whack the pendulum pretty hard in favour of union power; our amendment would bring it back into balance somewhat. We all know someone, after all, who has fallen prey to one of those charity muggers who stop people in the street and try to sign them up to whichever charity they are being paid by that day. I have known people who have done that job, and it is not an easy one. Similarly, any Member of this House who stood in a precinct and tried to sell their political brand and get people to sign up will attest to that completely. Sometimes, the charity collectors are successful, and the all-important direct debit details are extracted. In fact, I remember hearing a number of Labour Members railing against this practice in the previous Parliament.
Amendment 292 would remind workers that they still have an off-ramp, if they want one—they still have agency, and they still have freedom of choice. We have heard Member after Member stand up over the past two days of debate and declare—in some cases sheepishly, in some cases more proudly—the money they receive from the trade unions. This is only right and proper. The public can make up their own minds as to whether this money has coloured the judgment of Labour Members, or whether it is simply support from an organisation that shares their values. But to turn down amendment 292 would, in my view, be a dreadful look. This is a totally measured, balancing amendment and, if Labour Members vote against it, the public would be right to conclude that the Government are being motivated not by a sense of equality, fairness and justice, but instead by something else. I urge hon. Members to vote for amendment 292 and to give power to the people.
Much has been said about trade unions and strike action, as if the only purpose of a trade union is to get workers out on strike. It is a mischaracterisation of unions, as was so eloquently described by my hon. Friend the Member for Tipton and Wednesbury (Antonia Bance). It is also a mischaracterisation of corporate Britain to think that everyone is exploitative and abusive. The majority of companies in our country adhere to environmental, social and governance principles, and they make that commitment; they want to demonstrate that they are responsible people. They want that for their investors and for long-term sustained investment, so we have to draw back on those views and step away from the disdain and the contempt for working people and for trade unions, which is not helpful.
I noted during the Bill’s Committee stage that the TUC General Secretary, Paul Nowak, said:
The TUC has said:
I wholeheartedly agree with that, but FPAs of themselves do not remedy the broader need for much greater sectoral collective bargaining.
Unite the union has said that
The general secretary of the National Union of Rail, Maritime and Transport Workers said
that
To ensure that the Government can establish new negotiating bodies supporting fair pay agreements elsewhere in the economy, I have tabled new clause 68.
A good starting point for the Government to demonstrate the benefits of sectoral collective bargaining would be in the civil service, and I hope that the plans to modernise the civil service will end the inefficient situation of hundreds of separate pay bargaining units and negotiations each year.
I wish now to consider private sector contracting. The Deputy Prime Minister and the Chancellor are among those who have committed to the biggest wave of insourcing in a generation, and I look forward to the national procurement policy setting that out. In the meantime, we have seen picket lines at Government Departments for months, as G4S, ISS and OCS Security fail to meet with representatives of the Public and Commercial Services Union to resolve pay and conditions disputes.
Under my new clause 66, the Secretary of State would have a duty to ensure that any Government Department contract, or similar public contract, recognises an independent trade union for the purposes of collective bargaining. I hope the Government will be addressing this issue outwith the Bill in the near future.
With regard to the right of access, a number of new Government amendments clarify the process relating to access, including the right to communicate with workers, including digital communication. But I remain concerned that the process creates a complicated framework that risks employers slowing the process, rather than providing for effective union access, and that the proposed model of financial penalties does not provide any remedy for the union.
I remain of the opinion that unions should always have a simple right of access to their members. My new clause 70 sets out how an
I am clear that such access requires prior notification in writing, setting out the purpose of a meeting and which employees would join such a meeting. I fear the process set out may not work effectively and I hope the Government will be open to further simplification in the future.
On recognition, I note that the Government’s new schedule 2 updates the original clause 51, with additional and welcome provisions on union recognition processes, including preventing an employer inflating the bargaining unit with transferred employees à la Amazon, where workers ascribed to that bargaining unit had no connection with it whatsoever. This was to prevent employers reaching a recognition agreement with a non-independent union to prevent recognition with an independent one.
The Government have been absolutely right to close off the sweetheart deal arrangements. More can be done regarding recognition, however, which is why I have tabled amendment 271, which seeks to reduce the need for a ballot and ensure that the Central Arbitration Committee grants automatic recognition in certain circumstances, or a simple majority of those voting in other circumstances.
I have also sought to lengthen the period for making a complaint about unfair practice in connection with the ballot from one to 20 working days—I know the Government have shifted that from one to five, but that is as many unions and the TUC have set out—and to remove the three-year barrier to a union that has lost an application for recognition, replacing three years with three months. It is unjust, particularly given the anti-union measures deployed, that the GMB cannot quickly pursue a recognition process at Amazon’s Coventry warehouse, where the union lost, as we previously heard, by just 29 votes. It is unjust that they should be pushed out for such a long period, and I hope the Government will remain alive to the need to update that.
In conclusion, I am pleased to have been afforded the opportunity to speak for a second time on Report. We have, in this Employment Rights Bill, a momentous uplift in workers’ rights and protections, which addresses the balance that has swung far too far in the opposite direction. However, the appetite remains for yet further improvements. I commend the Government for their work in bringing forward the legislation, which I wholeheartedly support. I look forward to working together further on the journey to delivering well-paid, secure and unionised employment.
“the Employment Rights Bill isn’t the terminus. It’s the first stop. This can be the foundations on which we can build.”
I agree.
On Second Reading, the shadow Secretary of State for Housing, Communities and local Government, the hon. Member for Thirsk and Malton (Kevin Hollinrake), made it explicitly clear that the foundations will not be built upon in the long term, as a future Conservative Government would simply repeal protections. He declared that
“many of the measures will be brought in through secondary legislation, therefore making it easier for a future Government to reverse some of the catastrophic changes.”—[Official Report, 21 October 2024; Vol. 755, c. 58.]
Employment rights for workers in Scotland cannot be dependent on the merry-go-round of Westminster politics. They have seen their rights attacked and diminished by years of Conservative Governments, and where the Bill reverses some of the worst excesses of those Governments’ policies, that must be protected and strengthened in the long term. Westminster cannot guarantee that for the people in Scotland, so I have tabled new clause 77, which would amend the Scotland Act 1998 to devolve employment and industrial relations to the Scottish Parliament.
Back in 2014, all Unionist parties, including the Labour party, promised maximum devolution for Scotland, as displayed on the front page of a national newspaper days before the independence referendum, in which Scotland voted no. This Labour Government have failed to devolve a single power to Holyrood since coming to power in July—not a single one—despite the Scottish Parliament voting for employment rights to be devolved.
In November, the STUC called on the UK Government to
“end the excuses and devolve powers over taxation, migration and, importantly, employment law from Westminster to Holyrood.”
Moreover, Scottish Labour’s 2021 election manifesto stated:
“We support further devolution of powers to Holyrood including borrowing and employment rights”.
Here is a question for Scottish Labour MPs: will they respect the wishes of the Scottish Parliament?
Throughout its existence, when powers are devolved to the Scottish Parliament, decisions are taken in the interests of the people of Scotland and outcomes improve: publicly owned rail and water, higher per-head education and health spend, free prescriptions, free tuition, a more humane welfare system and a progressive taxation system. Fair work practices are being delivered already by the SNP Scottish Government, such as supporting collective bargaining, achieving real living wage employer status and closing the gender pay gap faster than anywhere in the rest of the UK.
A framework for collective bargaining in the adult care sector has been developed by the Scottish care unions—Unison, the GMB and Unite—along with the Scottish Government and care providers, with a Scottish social care joint council proposed. The Scottish care unions have intimated that the constitution, composition, remit and function of the Scottish social care joint council is preferable and should assume the role of the Adult Social Care Negotiating Body for England. Scotland already has a 10-year history of joint commitments to fair work, whereas England is only embarking on that journey. Furthermore, there is a need to extend sectoral bargaining to all sectors of the economy, not just adult social care.
Measures such as creating a single status of worker for all but the genuinely self-employed, strengthening protections for those with unfair contracts and increasing the minimum wage to at least the national living wage, and then in line with inflation, are all missing from the Bill. The SNP Scottish Government would support those measures if employment law were devolved, and they would be delivered if this Government respected the votes of the Scottish Parliament and the Scottish Labour manifesto.
Just as the Bill should be the first stop rather than the terminus, devolution is a process, not an event. Not only has devolution moved at a glacial pace, but we live in the world’s most asymmetrical political union, where each nation has differing devolved powers. Why is it that employment law is devolved in Northern Ireland but not in Scotland? I want to see employment rights strengthened continually rather than in a cycle of piecemeal progress when Labour is in power, only to be reversed when the Tories next get their turn. The gains for workers’ rights in the Bill must therefore be protected. That is why the SNP remains committed to advocating for, at a minimum, the urgent devolution of employment powers. That is the best way, short of independence, of protecting workers’ rights in Scotland.
I welcome the measures in the Bill, which I know will make a real difference to the lives of working people and their families in Derby and across the UK. I will focus on how the Bill will, through Government amendment 163, transform employee access to trade unions, empowering more employees to act as a collective so that they can secure better pay and conditions. When I speak to business leaders in small and large employers, they all say that their biggest asset is their people. The Conservatives can harp on about trade unions as much as they want, but in practice the best solution is for employers to work with employees and trade union reps to create the best working conditions for businesses and individuals to succeed.
I know about the importance of union membership from first-hand experience. When I left school at the age of 16 and began work as an engineering apprentice, I joined the union on day two. I knew how important that would be in supporting me and my colleagues at work. Much later on, when campaigning to save Alstom in Derby last year, I saw how hard Unite and other trade unions fought to secure jobs at the Litchurch Lane facility. They stood up for working people in our local community when it mattered most.
However, employees cannot access the benefits that union membership can bring if they do not know about the support offered by trade unions in the first place.
I welcome the Bill’s introduction of a right of access for unions to meet with workers. Government amendment 163 expands union access agreements, so that unions can communicate with workers digitally as well as by entering the workplace. I urge meaningful implementation of those digital access rights to enable direct conversations between unions and workers, as would take place during in-person meetings in the workplace.
When we work together, we get more done. It is important that workers have access to union representatives and know how joining a union can support them in the workplace. I welcome the measures in the Bill to expand that access, which will further strengthen the rights of working people in Derby and beyond.
First, it was the Government’s jobs tax, then it was their cuts to rate relief for hospitality businesses, and now they are smothering SMEs with red tape. Analysis published by the Department for Business and Trade says that this will impose a cost on businesses in the low billions of pounds per year, but that is not money that many of my small businesses can afford right now. This is why the Opposition have called for small businesses to be exempt from the parts of the Bill that would heap unsustainable costs on them.
Why do the Government seem to hate small businesses so much? Perhaps it is because the majority of the Cabinet have spent their careers in the public sector and have zero understanding of what life is like for the many entrepreneurs with SMEs across the UK, including in my constituency. We learned this week that, for the first time since records began in 2012, the number of companies registered at Companies House has fallen. Growth forecasts have been downgraded and the number of vacancies has declined. All this is a result of the choices the Government have made and continue to make in this Bill.
With all of this, the UK risks becoming a globally uncompetitive economy, particularly when other countries such as the United States are slashing regulation and unleashing their businesses to grow their economies. The Opposition have tabled new clause 90 for exactly this reason. It would ensure that when the Secretary of State makes regulations under part 4 of the Bill, he has to have regard to growth in the medium to long term. I join the shadow Minister, my hon. Friend the Member for Mid Buckinghamshire (Greg Smith), in calling on the Government to support new clauses 89 and 90 to ensure that growth happens. Our economy is already struggling under the weight of Labour’s tax rises. Why are the Government opposing our efforts to ensure that they consider how burdensome regulation might impact on businesses?
That the Government have seen fit to table 87 of their own amendments at this stage alone is indicative of how uneasy they must feel about the Bill. We are even told by the media that the Treasury has warned the Deputy Prime Minister and the Secretary of State about the consequences for the economy of enacting these laws, yet they seem to have seen fit to plough them through anyway. As per usual, Labour is paying lip service to growth while sticking true to form with their socialist ideology. I was not born in the 1970s but it appears that I am going to live through the equivalent in the years ahead, as Labour plays Abba’s 1976 hit “Money, Money, Money” for its trade union paymasters.
For over a year, Swedish Tesla workers have been on strike demanding the basic right to collective bargaining. Their struggle has inspired solidarity across industries. Postal workers, painters, electricians, cleaners and dock workers have all launched secondary action in support. Denmark’s largest trade union, 3F Transport, has also joined the fight, preventing Danish dock workers and drivers from handling Tesla shipments bound for Sweden. This level of solidarity is possible because Swedish trade unions are not shackled by restrictive laws designed to suppress collective action. Unlike here in the UK, the legislative landscape in Sweden does not act against the interests of organised labour. Almost 90% of Swedish workers are covered by collective agreements, and their labour laws ensure that workers have the right to negotiate and defend their conditions without undue interference.
As a result, Swedish trade unions are more than a match for billionaires like Elon Musk. When Tesla refused to sign a collective agreement, it was not just Tesla workers who fought back—the entire trade union movement did. That is what real industrial democracy looks like, and it is a powerful reminder of what British workers have been denied for too long by some of the most draconian anti-union legislation in the western world.
While I welcome the repeal of the Strikes (Minimum Service Levels) Act 2023 and much of the Trade Union Act 2016, the fact remains that many of the worst Thatcher-era anti-union laws are still in place. One of the most damaging is section 224 of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes secondary action unlawful. That ban on sympathy strikes isolates workers, weakens their bargaining power and prolongs disputes—all to the benefit of exploitative employers. That is why I have tabled new clause 31 to repeal that restriction and return power to working people.
Secondary action built the trade union movement as we know it. It helped us secure the very rights that we all benefit from today. But in an era of outsourcing and subcontracting, the ban is even more harmful than it was three decades ago. Under current legislation, two workers performing the same job in the same workplace cannot take industrial action together if one is directly employed and the other is outsourced. Employers exploit that loophole to divide workers. They shift responsibility through complex corporate structures, like what we are seeing at Coventry University in my constituency, and undermine union action by transferring work or hiving off companies. Workers are even prevented from taking action against parent companies and suppliers during disputes.
In many ways, secondary action is more essential than ever in the fight for fair pay and conditions. Most European nations, including Denmark, Norway, Sweden, Belgium and the Netherlands, allow secondary action in some form. Even those with restrictions, such as Germany, France and Spain, stop short of imposing an outright ban. Labour’s new deal for working people committed to repealing anti-union laws and ensuring that the UK’s industrial action laws comply with international obligations, including those under the International Labour Organisation and the European social charter. Yet, as it stands, the Bill fails to deliver on that promise.
International bodies have repeatedly condemned the UK’s ban on secondary action. The European Committee of Social Rights and the ILO criticised the UK for that restriction most recently in 2023 after the P&O Ferries scandal, when 800 crew members were sacked via video call and replaced with agency workers. P&O knew that it could get away with its disgraceful actions because the law prevents other workers from striking in solidarity.
I also support a number of amendments, including those tabled by my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), such as new clause 61, which would define employment status in law to end bogus self-employment. That is long overdue. For too long, employers have exploited gaps in employment law to deny workers basic rights. Today, in our country, black and Asian workers are disproportionately trapped in precarious, low-paid jobs on bogus self-employment contracts and denied statutory sick pay, holiday pay and protection from unfair dismissal. This two-tier system must end.
Every single worker deserves dignity and respect in the workplace, and by strengthening the Bill with these amendments, we would be taking a step forward towards rebuilding the power of the working class. I urge Members across the House to stand on the right side of history and with the workers who keep this country running.
Yesterday, we heard that Labour clearly does not understand business, and today we get to what it really does understand: how it can support its trade union paymasters. Government Members have given us a masterclass in how to support trade unions. Opposition Members have mentioned the 1970s. When I heard Government Members speaking, especially the hon. Member for Blyth and Ashington (Ian Lavery), John Williams’s score from “Jurassic Park” soared in my mind. But instead of Jeff Goldblum being savaged by the dinosaurs, the dinosaurs that walk among us today will be savaging our economy. We know that because the growing influence of the unions, especially under the Bill, impose a heavy burden on corporations, stifling their ability to operate efficiently. As new businesses struggle to adapt to the new regulations, which the Government’s very own impact assessment predicts will cost £5 billion to implement, industry leaders have publicly shared their fears—
“union influence slowing down decision making and hindering flexibility”,
making it harder for companies to remain competitive in global markets. The Chartered Institute of Personnel and Development’s survey found that 79% of organisations expect measures in the Employment Rights Bill to increase employment costs, placing further strain on companies that are having to grapple with increases to national insurance contributions and the rising national minimum wage. It is also likely that the measures will lead to
“more strikes, more disruptions, and ultimately less productivity.”
The Bill is a roll-back of the most important changes that we made when we were in government. It is no surprise that trade unions have warmly embraced the legislation, over 200 amendments having been hastily shoehorned in to satisfy those who line the Government’s pockets. Perhaps it is purely coincidental that their wishes have been granted, although one might wonder if the £5.6 million in donations the Labour party has received since July has something to do with it.
We heard yesterday from the shadow Secretary of State for Levelling Up, Housing and Communities, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), that the legislation will allow unions to bypass current rules, such as the rules on opting out of political donations. It must be fantastic news to the Labour party that it will now receive donations from workers by default, while businesses will face reduced notice periods for strikes, leading to even more disruption and economic damage. It is clear to me, and to the hundreds of businesses that have pulled their support for this Government, that this is not about protecting employment rights, but about consolidating union power.
Let us briefly look at some of the amendments. Amendment 292 would require trade unions to notify their members every year of their right to opt out of the political fund, and to obtain an annual opt-in. That change would ensure that unions do not continue to fill Labour’s piggybank, and do not lock workers into automatic donations unless they actively opt out, which is as much a memory test as an admin task. Unamended, clause 52 is not about transparency, but about keeping the money flowing to the political party with the most to gain.
Likewise, there are new clauses and amendments that would have introduced transparency about the facilities provided to trade union officials, learning representatives and equality representatives. Clauses 54 and 56 are designed to reduce transparency and accountability for union spending, allowing union officials to continue to benefit from facility time without proper scrutiny.
Just like the more than 200 Labour MPs who have taken union donations, the Deputy Prime Minister has her own interests to consider. In her opening remarks yesterday, she proudly disclosed her union membership while conveniently admitting to the £13,000 in union donations that she has taken. It is clear that union influence is driving this legislation and most likely writing the speeches of Labour Members. The Government claim to be
“pro-growth, pro-business and pro-worker”—[Official Report, 21 October 2024; Vol. 755, c. 46.]
Perhaps it is time that the Government started listening to the real industry experts—those with practical experience in the sector—not just the trade unions or those within the confines of Whitehall. The Conservatives have tabled key amendments to support growth, in new clauses 89 and 90; international competitive duty, in new clause 87; and a limit on trade union influence on our business-driven economy.
We need to ensure that the Government’s policies do not burden our businesses, stifle innovation or lead to long-term economic harm. This Bill is not just poorly thought-out, but a direct threat to the very fabric of our economy, and we must challenge it before it causes irreparable damage and crushes our already crippled economy.
I rise to speak in support of this groundbreaking Employment Rights Bill, which will deliver pro-business and pro-worker reforms. It will establish day one rights, such as rights to parental and bereavement leave for millions of workers, and, crucially, will put more money into people’s pockets—people who have had to endure low pay, job insecurity and a cost of living crisis created by 14 years of Tory rule. By strengthening protections for the lowest-paid workers and preventing exploitative employment practices, the Bill will give our working people the solid foundations on which to build a better quality of life.
I will very briefly comment on a couple of topics debated yesterday, which are of personal relevance and relevant to my constituency. [Interruption.] No? I will skip it; I did not think I would get away with that. This Bill will give a voice to working people by tackling the exclusion of independent unions from workplaces. If anyone has experienced a management of change process—I once did, almost three weeks into joining a new job, which was not fun—or workplace bullying, they will know the value of having a union backing them. Unions are fab. I personally thank Unison, including the incredible Trudie, for supporting me in my workplace.
I have seen the impact on those who have experienced issues such as workplace bullying when they have not had the backing of a union, or a union in their workplace, and the stress and pressures on them were immense. Indeed, they ended up with the choice of either putting up with it, leaving—we then have worker turnover—or going off sick. I have known people to go off sick for quite a period of time, which is of course comes at great cost to the company.
When a person joins a union, I have seen the difference that backing and advocacy makes to them, and the voice it gives them. I have experienced that as a normal person who once had a proper job, who was not a union activist but felt the value of unions—I make that comment as an observer. The work that unions do with management for the workers, to provide a workplace that is productive and secure, benefits companies as well. It is not in the interests of unions for businesses to fail; everyone wants a productive working environment.
It would be remiss of me, however, to not acknowledge the concerns that many small business owners have raised with me in recent months. They have been worried about this Bill, and I am grateful to many businesses that have reached out, including 1882 and Crossroads Care. I also want to thank Rachel Laver of the Chamber of Commerce for her excellent engagement, and for giving a voice to local businesses—I have engaged with them regularly. Their concerns are noted, but I also note comments like that from Claire Costello, chief people and inclusion officer at the Co-op:
“It’s our belief that treating employees well—a key objective of this Bill—will promote productivity and generate the economic growth this country needs.”
That comment has been echoed to me by local businesses.
My businesses in Stoke-on-Trent South have my word that I will support them and their workers, and so will this Labour Government, by delivering improved productivity and growth. I am sad that the Conservative party, which has tabled blocking amendments, does not want to support the working people of this country. This Bill’s comprehensive set of impact assessments show that the Bill will have a positive impact on growth, with vital measures such as those on sick pay boosting productivity and growth. Protecting the super-rich and relying on the myth of trickle-down economics have failed. It is time for trickle-up economics, and empowering the working people of this country.
Prioritising the interests of trade unions over economic stability makes it harder for businesses to hire, grow and compete. It is no surprise that trade unions have declared victory, as the Government have effectively handed them a blank cheque at the expense of businesses and workers alike. Our amendments seek to restore fairness and balance. Amendment 292 would require trade unions to notify their members annually of their right to opt out of political fund contributions, ensuring basic transparency and fairness. Labour has hypocritically opposed this measure, despite previously supporting similar provisions—during the passage of the Digital Markets, Competition and Consumers Act 2024, it called automatic renewals a “subscription trap”. It seems that Labour only cares about consumer choice when it does not impact on its own funding.
The Government claim that removing this requirement is about cutting red tape for unions, while adding lots of other red tape. In reality, the change strips away individual choice and accountability. As several of my hon. Friends have said, trade unions donated over £31 million to the Labour party between 2019 and 2024. Workers should have the right to make an informed choice each year about whether they want to contribute to political causes, rather than being automatically signed up without clear consent. Labour Members’ refusal to support the amendment reveals their true priority: protecting their own financial interests, rather than standing up for transparency and workers’ rights.
This Bill is not a modernisation of employment rights; it is a gift to the trade unions at the expense of economic growth, job creation and business confidence. The Government have failed to strike the right balance, and we will continue to oppose this legislation.
The Government have rightly tabled amendments to the Bill to ensure that we deliver reforms that are both pro-business and pro-worker. Although Conservative Members have tried to make much of the number of Government amendments, we remember that they are still the party of “Eff business”. With their opposition to the Bill, they show that they are “Eff workers”, too.
What the amendments in fact demonstrate is the commitment of the Minister and the Government to listening and consulting with a huge range of stakeholders on these issues, delivering the largest upgrade in workers’ rights in many decades, but in a way that does right by businesses and good employers, ensuring that they have the conditions and environment they need to encourage investment and create jobs.
This Bill will support the Government’s critical mission for growth by increasing productivity and putting money back in people’s pockets. It will deliver real-life improvements.
The Bill will deliver real-life improvements that will be felt across Britain. Key amendments that strengthen protections for the lowest-paid workers will ensure that all workers are treated with the decency they deserve. I welcome the vital steps that the Bill takes to extend protection, from exploitative zero-hours contracts, to protecting the voice of working people and strengthening statutory sick pay.
As a member of the Business and Trade Committee, I have been able to scrutinise large businesses that choose to have zero-hours contracts in place. In one evidence session, I heard from a company representative who revealed that employees can have their shift changed at 24 hours’ notice, but not receive a single penny in compensation. The Bill is vital in addressing the challenges of financial planning faced by families who are dependent on zero-hours contracts. More than 1 million people on such contracts will benefit from the guaranteed hours policy. Crucially, the Bill will ensure that Governments work with businesses, and will support employers who endeavour to comply with the law. With the Government amendments, it will also expand and strengthen the powers of the fair work agency to bring civil proceedings against non-compliant employers at employment tribunals and to issue civil penalties, such as fines, to employers who breach pay-related rights and underpay their staff.
It is right and proper that we reward the good businesses that contribute to good employment and sustainable growth, and it is right and proper that we take action against rogue employers that do not. With this Bill, the Government are also calling it quits on the Tories’ scorched-earth approach to industrial relations, which led to the worst strikes chaos in decades. A new partnership of co-operation between trade unions, employers and Government will ensure that we benefit from more co-operation and less disruption.
North of the border, the Bill signals the largest upgrade of workers’ rights in Scotland for a decade. It marks an end to exploitative zero-hours contracts and fire and rehire practices. It will establish day one rights to paternity, parental and bereavement leave for millions of workers. However, it will also be beneficial for employers in Scotland, helping to keep people in work and reduce recruitment costs by increasing staff retention and levelling the playing field on enforcement. It is both pro-worker and pro-business.
Members of the Scottish National party—including the hon. Member for Dundee Central (Chris Law) today —have been calling for the devolution of employment law for many years, but at no point have they explained how, beyond the banning of zero-hours contracts, those powers would be used to improve workers’ terms and conditions, to increase productivity and to accelerate economic growth. Moreover, it might be nice if the SNP practised what it preached. During the Rutherglen by-election in 2023, it chose to use zero-hours contracts to employ people to deliver leaflets. In government, the same party has chosen to include zero-hour contracts in their definition of positive destinations for school leavers. Financial insecurity, anxiety and stress do not sound like my idea of a positive destination.
The SNP says that it wants to transform Scotland’s economy for the better—to boost wages and productivity and grow key sectors—but the fact is that Scotland has a higher rate of zero-hour contracts among people in employment than any other UK nation. How are people supposed to plan financially and improve their quality of life when they wake up on a Monday morning to find out via text message whether this week they will have eight shifts, two shifts, or no shifts at all?
The reality is that the Scottish Government already have the powers to introduce changes to many workers’ terms and conditions through public procurement, but they choose not to do so. They would always rather blame someone else, and further constitutional grievance, than use the extensive powers that they have to improve the lives of ordinary Scots. That is why the Bill is of such paramount importance. Across the UK, acute benefits will be delivered to the people who need them the most, and in Scotland the Bill will right the wrongs of the SNP’s laissez-faire approach to regulating zero-hour contracts.
The tenure of this Labour Government is still measured in months and not years, but this Bill is yet another example of their delivering the new direction that the workers, businesses and people of Scotland and the wider United Kingdom deserve.
As a London MP, I have heard this fairytale from those on the Labour Benches before, because London has too often been paralysed by strikes under Mayor Sadiq Khan. Infamously, the London Mayor promised our city “zero days of strikes” in 2016, but he has comprehensively broken that promise. In Sadiq Khan’s first two terms, there were more than 135 strikes, which is almost four times more than the number of strikes under his predecessor —a record that Mayor Khan labelled a “disgrace”. If 35 strikes are a disgrace, the 135 under Mayor Khan represent a catastrophic failure. My fear is that this Bill and the Labour Government’s amendments will make strikes even more common in London.
This Bill really does read like a militant trade union wish list. Strike mandates have doubled from six to 12 months, allowing trade unions to impose rolling strikes for a whole year without balloting their members. Turnout requirements have been abolished so that a minority can call strikes, and the Government have removed the requirement for 50% of members to vote and 40% to support industrial action. The Bill reduces the notice for strikes by four days and gives employers less information, making strikes even more damaging to businesses and disruptive to people’s lives. It also allows unreasonable paid facility time for trade unions, making the taxpayer and companies pay out even more for trade union representatives at the same time that the Labour Government are raising everyone’s taxes and cutting public services.
As I and other Conservative Members have said already, this Bill was written by the trade unions and for the trade unions. Why are the Government granting this wish list to the trade unions? The simple answer is that the Labour party will benefit from these proposals. As I was taught as a young man, “Follow the money.” [Interruption.] Yes, I did not follow it by coming into this place. Over the past five years, the Labour party has received more than £31 million in political donations from the unions. This Bill will remove the requirement for trade union members to opt in to those contributions; instead, they will have to opt out, which means more will unknowingly contribute to political causes that they do not support. The Government’s amendment will mean that trade unions no longer need to renew their political resolutions every 10 years, and ultimately this will make it even easier for trade unions to divert cash to political causes, including the Labour party.
In short, this Bill means more strikes more often and more money for the Labour party, and strikes will be grinding business to a halt, shutting down public services and closing public transport systems again.
These strikes are costly, disruptive and damaging to Britain. They ought to be a last resort, but this Government’s proposals will take us back to the 1970s—before I was born—when strikes were a political tool for division, damage and disruption. This is yet more evidence that Labour is not on the side of working people or of serious economic growth, as its own impact assessment—even partial—tells us. Londoners will not thank this Government if this results in yet more disruptive and longer rolling strikes that grind our city down even further than Mayor Khan has. Working people will not thank this Government for empowering their trade unions to bring our country to a standstill, especially as we pick up the Bill as they fill their pockets.
From my entry, Members will see that I am a proud member of the GMB and that my donations include those from entrepreneurs and businesspeople alike who are collectively sick of the 14 years of the Conservative Government. I will take no lessons from that party, given its record over those 14 years, and none of the speeches by Conservative Members have defended any achievements that were made in 14 years relating to this Bill or anything to do with our economy. That is the party of “Eff business”, of a striking NHS, of 60% furlough settlements for Manchester workers, of cash for covid contracts, of inflation highs, of Liz Truss, of the mini-Budget disaster, of zero growth, of the collapse of infrastructure, of public spending power disappearing, and of the state of our roads and of our prospects. It is for this reason that my entry includes a combination of GMB membership, given the members and the workers that we represent, and of the entrepreneurs who wanted rid of that lot over there.
I am proud to stand on the Labour side of the House as someone who has founded a business, run businesses for others and run my own business. Fifteen years ago, I made a commitment to be the voice of experience for good small businesses in the proud Labour movement that we now have in government, not least to challenge the claim of the Conservatives that they alone represent business interests. I am proudly pro-business and pro-worker, just as this Government are. Fixing the foundations of our economy means fixing the foundations of our employment. Just as the Government are strengthening our economic base, they are now laying down stronger employment foundations.
Running a business is hard work. It requires an initial leap of faith, the courage to embrace risk, the ability to adjust, the resilience to overcome failure and the perseverance to celebrate success. The role of government is to improve life and living for everyone in this country. The role of good employment is exactly the same. Small businesses are at the heart of this effort. That is why the Government are right to focus on skills, value for money with public spending, opening up public sector commissioning to SMEs and challenger companies, and, crucially, the Bill making employment a more positive, rewarding experience. Insecure work leads to insecure living, and neither will improve life in Britain. We should highlight and support those employers who are already leading the way. Much of this legislation simply catches up to their high standards.
The weight of responsibility that comes with creating somebody else’s payslip cannot be overstated. It is humbling, sometimes worrying and never easy. It requires teamwork and the skills of others, but also leadership—sometimes lonely leadership. It means shouldering risk and sharing rewards. That is why the Government’s ambition for growth is the right one. The focus must be on net growth, locking in certainty for those in work by upholding rights for the many, while fostering new opportunities to expand our economy.
I want to salute those businesses and entrepreneurs for whom much of this legislation emphasises the good practices they already uphold. In Bury, businesses such as the Lamppost Café, where—a declaration of interest, Madam Deputy Speaker—my daughter works part time, Life Store in Ramsbottom, Wax and Beans record and coffee shop in Bury, Bloom, Avoira, MSL Solution Providers, Ernill’s Bakery, Wallwork Aerospace Heat Treatment, and Hargreaves. These businesses, often family run, are the backbone of Bury, and so they build the backbone of Britain; rooted in their communities; providing stability, pride and good honest work for an honest day’s pay. Many stand ready to do more to grow, invest and create more opportunities.
Once we have laid the new employment foundations, we must support them in building their businesses further. In particular, for some that means ensuring that AI enhances and expands prospects and prosperity in the employment market and the wider economy.
Lastly, I am proud to highlight my support for extending bereavement leave to those who experience a miscarriage—a compassionate and essential measure that I proudly support alongside my hon. Friend the Member for Luton North (Sarah Owen).
The Bill is not just about a legislative process; it is about our values. It is about recognising that a thriving economy and a fair society must go hand in hand with tackling our inequalities. It is about ensuring that whether employer or employee, the foundation on which our employment is built ensures strength for all.
In the Business and Trade Committee we have heard that good relations are possible between employers and trade unions. Of course they are—not all union reps are agitators, any more than all bosses are grasping exploiters of the workers. But stripping out existing protections, as this Bill does, risks tilting the law too far in favour of the unions, making strikes more frequent and more damaging thanks to, for example, lower notice periods.
We know that the unions are already restive; just ask the Secretary of State for Scotland, unable to attend an event with, ironically, the Scottish Confederation of British Industry in his own office because he would not cross a picket line, and he has had to cancel at least one other event as the pickets strike on. If a Cabinet Minister is already at the unions’ mercy, what chance do the general public have?
We have heard about positive trade union benefits, but it is not all sunlit uplands. One rail union refuses to let bosses use email for rotas, insisting on fax machines— I imagine I am one of the few Members who remembers those. Another left passengers inconvenienced when it ordered members not to use a footbridge as it had a skim of snow on it no thicker than the icing on a cake. They must be licking their lips at clauses that remove previous thresholds for strike action such as the 50% turnout requirement and the 40% support requirement. I think the public will support amendments that would keep existing benchmarks as modest guardrails, not to crack down on unions but to limit the damage that hotheads might inflict.
This skimpy Bill, cobbled together with indecent haste to meet Labour’s “first 100 days” deadline, bears all the hallmarks of a thank you note from Labour to its union backers. If it passes, the unions are going to party like it’s 1979. However, Labour Members pocketing supposedly pristine union donations should have a care, because that 1979 winter of discontent saw the public lose patience with a Labour Prime Minister captured by the unions. History does not repeat precisely, but this does look awfully familiar.
On enforcement, I am very pleased with clause 122 increasing the time for bringing employment tribunal claims from three to six months. It is a result of extensive campaigning by Pregnant Then Screwed and other organisations including the National AIDS Trust. They were very aware on behalf of their members of something I used to see regularly as a solicitor: a lot of people who have been very badly treated in their employment are so traumatised that they cannot come forward and make their claims within the three-month time limit. In addition, that reduces the potential time available for negotiation between former employees and their former employers, which is not in the best interests of either employees or employers. It is therefore really good news for both parties that we will have this increase in the amount of time available to bring those claims.
The other measure that I am particularly delighted about in the Bill is the creation of the Fair Work Agency. We absolutely need there to be accountability for employers that are not paying the national minimum wage. They are few and far between, and those that are not doing paying it need to be properly monitored and subject to enforcement, in order to create a fair playing field for all companies. I am sure that Opposition Members would completely agree that the national minimum wage is a fundamental part of our society and that everyone should be paying it.
The other matter I want to draw attention to is the Adult Social Care Negotiating Body. In my constituency, significant numbers of people need adult social care, and having a stable workforce is important in delivering that.
To return to my point, access to trade unions means access to good-quality advice, quicker resolution of disputes and a reduction in unrepresented litigants in person, which, in my experience, can make life genuinely difficult for well-meaning employers. Every single thing in this Bill will be good for workers, but it will also be good for employers, and I will be very pleased to vote for it later today.
We have a large demand for social care in Cornwall, as is the case in the constituency of my hon. Friend the Member for Congleton (Mrs Russell). Our population tends to an older demographic and, with many people leaving friends and family to retire to Cornwall, the availability of care is very important. Our social care system is close to breaking point due to the combination of years of underfunding and a fragmented privatised system. Skilled care workers are chronically underpaid for what they do, often at minimum wage, and we struggle to get and retain care workers.
The Bill contains many provisions that will help: strengthened sick pay; parental leave; protection from unfair dismissal from day one; improved family-friendly rights and flexible working; measures to tackle zero-hours contracts, including for agency workers and workers at umbrella companies, as well as for direct employees; and strengthened redundancy rights. The Bill also specifically gives social care workers respect and recognition through a fair pay agreement, and reinstates the School Support Staff Negotiating Body. It will be a game changer for those low-paid workers—mostly women—who work in care and schools.
To return to my speech, in Cornwall we have seen the rise of care workers coming from other countries to work on sponsorship visa schemes. These workers are often in a financially precarious situation, which increases their dependency. Some have been charged by their employers for induction, travel or training; in some cases, workers receive a salary below the minimum wage to make up the cost of their flights to the UK.
In Cornwall, those care workers are often given the early morning and late evening shifts with no flexibility. Some sit on benches, stranded in Cornish villages that buses do not pass through, waiting from their morning shift to their first evening shift.
Many health and social care workers on sponsorship visas are afraid to raise concerns about their employment and living conditions for fear of losing their employer’s sponsorship. Employers in turn can be aware of that, and some even use it as an explicit threat. That brings me to the enforcement provisions in the Bill. Enforcement of statutory pay and employment rights is poor in the social care sector. Pay enforcement relies on individual workers reporting breaches. His Majesty’s Revenue and Customs investigates fewer than 1% of care providers each year. International workers and those from minority ethnic backgrounds are particularly vulnerable. For individual rights to become a reality, a collective voice in the workplace and effective enforcement are key.
The Law Society reports that the backlog in employment tribunal cases stands at 44,000, which is 18% higher than it was in 2023. This backlog needs clearing and investment needs to be made in employment tribunals.
The new Fair Work Agency will have a crucial role to play in reducing the burden on the employment tribunal system by providing a focal point for advice on enforcement under Government amendment 208, in enabling the disclosure of information under Government amendment 212 and in taking on some of those enforcement powers under Government new clauses 57 and 58 on behalf of those workers. Those powers could really help low-paid or migrant workers who do not have access to funds or to union representation to enforce their rights, or who fear dismissal if they take steps in that direction.
Government amendment 249 will allow the Fair Work Agency to investigate and combat fraud and exploitative employers, thereby tackling the kind of modern slavery of international workers in the care industry that we have seen recently.
Government new clause 60 will also give the Fair Work Agency the power to recover the cost of enforcement, which would help with the funding of the system. However, real investment will need to be made into enforcement for the new powers to have teeth, with a timeline, resourcing and fast-track procedure for the new Fair Work Agency. I welcome confirmation of the Government’s commitment in this area.
New clauses 8 and 9 try to restore the fundamental right of prison officers to take industrial action in its various forms. The union has existed for 90 years and, although organised as a trade union, it has never taken any form of industrial action that has endangered the prisoners the officers care for, other staff or the wider community. Through all of its long history, there was an industrial relations climate in which negotiations took place and disputes were resolved.
Then in 1994, the Conservative Government, under the Criminal Justice and Public Order Act 1994, made it a crime to induce any prison officer to take strike action, or even to work to rule. The trade union was told very clearly that that would be a criminal act and any trade union officer organising action, even a work to rule, could be prosecuted. What the Government then did—this was why people became extremely cynical at the time—was to plan increases in the pension age, make extensive salary cuts and cut staff numbers. There was no way the union could fight back in any form to protect its members.
Some hon. Members who were about at the time may recall that, in 2019, the POA faced high six-figure fines in the High Court. When it took action on health and safety grounds by convening meetings of members, it was threatened with legal action and the union leaders were threatened with imprisonment. Ironically, it would have been interesting to ask who would lock them up—but that is another question altogether.
When the police had their right to strike taken away, it was almost like a covenant and they were given very specific commitments around how they would be protected on pay, pensions and conditions of work. That was never offered to the POA and there was never any negotiation like that, where it would at least be given some security in return for the loss of that right. That was never given.
The POA took the Government to the European Court of Human Rights in 2024 and the case was accepted. The Court urged the Government to engage with the union in good faith over what remedies would be available. The then Government refused to engage and the current Government are still not engaging, so one of the reasons for tabling the new clauses is to urge the Government to start engaging with the union around that particular issue.
All the union is asking for is that its members be treated like any other workers and for the Government to engage. The right to strike in Scotland was restored 10 years ago and there has been no strike action since. That has created an industrial relations climate that is conducive to working together—not to entering into conflict but to negotiating problems out. I think that that is a result of both sides knowing that there is the alternative, if necessary, of taking part in industrial action.
As most people know, industrial action in public services is often not a strike; it is usually a work to rule to start off negotiations. I have been a member of a trade union for 50 years; I have been a trade union officer, a lay official and so on. Every union that I have known, where there is any form of industrial action that in any way involves a public service, always puts in place negotiated arrangements to protect the people that they are serving—that is not just life and limb protection, but often ensures a standard of service that is still acceptable to people. I therefore urge the Minister to get back round the table with the POA.
There was a debate in Committee on this matter, which angered people and angered me. I have gone over the debate. It showed a shameful disrespect for prison officers and an ignorance of the role that they play and the working environment that they work in. There are references to screws and guards and things like that, and about how, somehow, if the right were restored, the union would allow prisoners to run amok and put the whole community at risk. That is never the case—it never has been and never would be. There is a lack of understanding about what those workers put up with. As many hon. Members know, there is overcrowding. Prison officers deal with prisoners with huge mental health issues, drug problems and health problems overall. There are record levels of violence in prisons and prison officers are injured almost daily as a result of assaults.
I have to say that the disrespect demonstrated in the Committee was part and parcel of the demoralisation of even more of our workers in those key roles. I therefore ask the Minister to re-engage, to get back round the negotiating table and to recognise that the issue will not go away. These members want their basic trade union rights back and, if necessary, they will go back before the European Court. I believe they will win and that we will, unnecessarily, go through another period in which the demoralisation of workers continues because of people’s lack of respect for their basic trade union rights. We are suffering real problems in recruitment and retention, so I urge the Government just to take that one step back to the negotiating table with the POA.
I ask the Opposition to consider their comments today in what has proved to be a very ideologically driven debate on their part. I feel somewhat as if I have been transported back in time to a previous reforming Labour Government’s last upgrade to employment rights—the minimum wage debate. This afternoon’s fearmongering about productivity, growth and unemployment is reminiscent of it. We also have seen some crossover in the personnel who were part of the Conservative opposition. The then shadow Secretary of State for Work and Pensions, the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), said that the minimum wage would
“negatively affect…not hundreds of thousands but millions of people.”—[Official Report, 4 July 2017; Vol. 297, c. 526.]
On Second Reading, I welcomed this legislation as a central tenet of this Government’s policy of putting working people at the heart of our economy and making work pay. I am delighted to see the Bill return to the Chamber, and I pay tribute to those who served on the Public Bill Committee. The Bill modernises the UK’s outdated employment laws, bringing in more than 30 much-needed and welcome reforms, including: day one rights of employment, banning exploitative zero-hours contracts, abolishing fire and rehire, establishing bereavement leave, increasing protections from sexual harassment, introducing equality menopause action plans, strengthening rights for pregnant workers and establishing the Fair Work Agency.
I am pleased that, during the scrutiny process, the Government have tabled amendments to strengthen protections for low-paid workers, including those relating to statutory sick pay. In real terms, 1 million people on zero-hours contracts will benefit from the guaranteed hours policy. Nine million people who have been with their employer for less than two years will benefit from day-one rights relating to the unfair dismissal policy. Because of the Fair Work Agency, holiday pay rights will be enforced for the very first time.
The measures before us strengthen the Fair Work Agency. New clause 57 will enable it to bring proceedings against a non-compliant employer in an employment tribunal, in place of the worker. New clause 58 enables the provision of legal advice or representation for those who have become a party to civil proceedings related to employment or trade union law.
Although the vast majority of employers across the country, including hundreds in Clwyd East, will certainly obey the law, there are still those that sadly do not. A Citizens Advice report states that higher-paid workers are 50% more likely than lower-paid individuals to bring an employment tribunal claim, despite the fact that lower-paid individuals are more likely to have their rights violated. As Unison points out, leaving the burden of challenging workplace injustice to individual workers seeking redress at tribunal compounds inequalities of power in the UK labour market.
The Low Pay Commission figures highlight key reasons to implement these important measures. We know, for instance, that 20% of workers were paid less than minimum wage in 2023, and that nearly 1 million workers did not get any holiday pay. The agency will bring together existing state enforcement functions, and will be a single place to which workers and employers can turn for help. I am pleased that the agency will aim to resolve issues upstream by supporting employers that want to comply. I understand from evidence gathered by the Bill Committee that there was considerable support for a single enforcement body in place of what is currently quite a fractured system. On accountability, the Bill requires an annual report on the Fair Work Agency’s enforcement actions, and will allow Parliament to monitor progress in protecting workers’ rights.
I am encouraged to hear that, to produce its strategy, the Fair Work Agency will consult an advisory board made up of trade unions, businesses and independent experts. It is vital that we continue our collaborative approach in developing employment legislation and policy that is pro-business, pro-worker and, ultimately, pro-growth. I welcome the new clauses and the Bill as a whole. It is an important part of the Government’s strategy to move our economy forward, improve work security and ensure greater productivity.
The Bill and the Government amendments to it will deliver real-life improvements for working people across my constituency and across Scotland. Key amendments will strengthen protections for the lowest-paid workers in my constituency, extend protections from exploitative zero-hours contracts, boost the voice of working people in the workplace, strengthen statutory sick pay to 80% from the first day of sickness, extend sick pay to 1.3 million of the lowest earners across the country, and provide greater protection from unfair dismissal, with 9 million people benefiting from day one protection. That is the real change that we promised to deliver for real people—public service workers in West Dunbartonshire, such as frontline staff in the service industry, essential utilities, social care, transport or health.
The days of exploitation are now over. The Labour party is doing what we do best and will always do: protecting working people, promoting decent pay and work, and delivering meaningful change for so many. We are putting power in the hands of working people. The Government’s commitment to growing the economy will be built on rebalancing rights at work and raising living standards in every part of this country; the two are interwoven. The Government’s amendments will ensure just that by boosting the enforcement of rights and giving the new Fair Work Agency the power to bring civil proceedings against non-compliant employers that seek to underpay staff. In 2023, one in five workers was paid less than the minimum wage. That will stop. Almost 1 million workers in this country did not receive holiday pay in 2023. That will stop.
The amendments will level the playing field. They include measures on digital access to employment agreements, allowing independent unions to apply for recognition and stopping the practice of employer lock-out, a 20-working-day window for employers and unions to negotiate access, and a new right for unions to access the workplace, which could be transformative as it gives workers a fair voice to improve their pay and conditions.
It is time to turn the page on the combative and unproductive approach adopted by the previous Government, and it is time to modernise the industrial relations framework. The Bill and the amendments support a much-needed reset of industrial relations across Great Britain. This Government have a clear mandate to deliver real change that working people in my constituency of West Dunbartonshire can see and feel. That change cannot come soon enough. The Employment Rights Bill is the crucial first step on that path. It is the biggest uplift in workers’ rights in a generation, and I am proud to vote for it and support it today.
I start with comments that I had not planned to make at the beginning of this debate. Much has been heard about registers of interests. As the shadow Minister, the hon. Member for Mid Buckinghamshire (Greg Smith), who is in his place, said at the end of the Bill’s Committee, Labour Members have been assiduous in drawing attention to their membership of trade unions and their declarations in registers of interests, but I believe that the hon. Member for Meriden and Solihull East (Saqib Bhatti) was the first Conservative Member to draw attention to his own donations without being challenged first. Much of the tone of this debate has focused not on the substance of the Bill, but on ascribed motivations, which I believe has been demeaning to the standards and courtesies expected in this House.
There is much to welcome in the Government amendment. I wish to concentrate my remarks on new clause 40 and new schedule 2. On political fund ballots, the 10-year requirement dates to the Trade Union Act 1984. The requirement does not apply to any political funds that may be maintained by employers’ associations; nor does a successful ballot in any way infringe on a trade union member’s right to withdraw payments from the political fund at any time, so I think we can be confident about that policy’s intention: it was to tie up trade union time and resources, and in that respect it was successful. These ballots are a massive abstraction of resources, which gets in the way of trade unions’ and trade union members’ core business of representing people at work. In 40 years, not one union member has voted to discontinue a political fund.
Trade unions are democratic organisations. If there is discontent in a union over political fund expenditure, any member is entitled to inspect the accounts, and that expenditure can be stopped in whole or in part through existing democratic structures. There is, I think, a contradiction when this House, a representative democratic institution, may seek to instruct other organisations to make decisions by referendum.
To those who have suggested that trade union political expenditure is somehow illegitimate, I would just like to remind Members that trade union political fund expenditure is not synonymous with party political donations. In fact, many important campaigns that have won cross-party support in this place were made possible only because of trade union political fund expenditure. I draw Members’ attention to one such campaign, which I was proud to be associated with. The Protect the Protectors campaign started with the campaigning work of GMB and Unison members in the ambulance service and resulted in the Assaults on Emergency Workers (Offences) Act 2018. If the measures that have been put forward at different stages in this process were successful in restricting that political fund activity, it would be harder to deliver that legislative change in this place on behalf of working people.
Much has been said in the debate and I do not wish to duplicate it, but I wish to say a few words about the situation at Amazon in Coventry. Much trade union work in the private sector in recent years has been focused on the warehousing and logistics sector, where a focus of trade union activity has been the increasingly intensive workloads, workers’ employment being terminated on the basis of unclear and unaccountable target setting, and high rates of musculoskeletal injuries, which have contributed to a high rate of people being out of work in the wider economy. When the GMB, in response to approaches from its members, initially contacted Amazon to seek voluntary recognition at that site in December 2022, the company reported that there were 1,400 people working at the site. The company refused to engage meaningfully with the union or attend talks at ACAS to resolve the situation. As has been said, in the space of just a few months, the number of people at the site was increased dramatically by 93%. Some of them were temporary workers transferred from other sites. It has been reported that others were new workers on student visas who were worried about the potential implications for their studying and immigration status if union recognition was voted for. As a consequence of that increase, the union could still meet the 10% membership threshold, but could not meet the requirement of 40% of the bargaining group being likely to support recognition.
The Opposition argued in Committee that we should not legislate in response to individual cases, but I disagree. Once it has been proven that a system can be exploited, more will follow. Amazon’s actions at Coventry are clearly contrary to the intention of the House of Commons when it established the statutory recognition regime 26 years ago. Freezing the bargaining unit is incredibly important, as is the extension of the code of practice.
I wish that in the time available I could say more about the trade union right of access, which builds upon successful international systems, particularly in Australia where, over the last 20 years, it has become an accepted and constructive part of their industrial relations framework, and has survived and, indeed, been enhanced throughout multiple changes of governing party. The digital right of access included in the amendments is important, particularly for those employers who do not have a traditional physical workplace. It is important that the digital right of access does not become the default when applications are made, and I am sure that Ministers will bear that in mind as the measures are implemented.
To close my remarks in what may be the last debate that Back Benchers can contribute to on this legislation, let me say that part of the reason we come to this place is to provide more freedom, more comfort at times of hardship and more protection against abuse to our constituents. That is as true at work as it is everywhere else. Of course, there will always be other causes, measures and changes that we individually would like to see, but this Bill and the changes and improvements we will make to it tonight are the reason our constituents sent us to this place. It has been said that this legislation represents the biggest advance in workers’ rights in a generation. I think it is perhaps the biggest step forward since the Trade Disputes Act 1906. What we will do tonight is truly historic, and I will be proud to join the Lobby to vote it through.
I was brought up to believe that a union has our backs and can help with issues like unfair dismissal, discrimination, harassment and bullying. As an MP, when I am approached by a constituent with a problem at work, my first question is, “Are you a member of a trade union?” In Bassetlaw, good companies and organisations like Cargill, Schutz, Cinch Connectors, Cerealto, Autism East Midlands and Bassetlaw hospital have good partnerships with unions like the GMB, and I welcome that.
As a small business woman, I served for 10 years on the national executive of the long ago merged Manufacturing, Science and Finance union. That is where I reinforced my values and belief that a trade union is a force for good in the workplace, where partnership working with the employer serves to increase productivity, pride and shared understanding. Such partnerships mean that many of the key employment measures in the Employment Rights Bill have already been adopted by many major employers, who regard good employee relations as a key element for their competitive success in the markets in which they operate.
When people go to work but have no certainty about the hours that they will work or what their weekly income will be, it is unfair. When they go to work with the fear that they may be sacked tomorrow for no reason, it is unfair. When they are paid below the minimum wage for a day’s work, it is unfair. And when they are ill and face three days without pay, it is unfair. This Bill is about putting fairness back into work and putting pride into our workplaces. We need to end the zero-hour contracts and the trickery of fire and rehire; deliver day one protections from unfair dismissal; and extend rights to sick pay to 1.3 million people.
The Bill is backed by my constituents, who want to work hard but also want fairness in the workplace. Tonight, I will be voting for strengthening rights at work for millions of British people. We can all stand up and be counted to support our constituents who deserve fairness and justice at work. To the Reform MPs who are no longer in the Chamber, supporting the status quo is a betrayal for millions of British workers. We all have constituents who need better workplace rights and this is our chance to deliver change.
Before coming to this place, I was running businesses of various shapes and sizes for well over 20 years. I did my MBA at Manchester Business School, I have started and led several businesses, and I have served on the board of many others, so I have been about a bit. Throughout that time, it was always clear in my mind that whatever the business, the critical success factor is always the skills, drive and quality of the people that the business employs or contracts. To succeed, any business must attract the best possible people. That is why I have always felt that the selection and recruitment process was my key role in any organisation that I led. I will always argue that great businesses, by which I mean those with sustained success, will always be good employers.
When I look at the measures in this Bill, all I see are the things that good employers are already doing. We know that support for employees when they have children pays off in the long term. We know that giving employees job security increases their commitment and productivity. We support our people when they are sick, and we know that taking holidays is vital to maintain performance. We do not unfairly dismiss, whether someone has been with us for one day or for many years. We have rigorous recruitment processes, and we make it clear that employees must show they meet requirements for a job during the probationary period. We pay as well as we can, knowing that employees who feel valued will deliver for our businesses.
Up until now, good employers have always felt the risk of being undercut by unscrupulous and short-term disruptors looking to make a quick buck. This is a real and serious issue—I have experienced it in business, and many other business owners have raised it with me. Businesses doing the right thing should not be disadvantaged, yet weak and outdated employment legislation has left them exposed. This Bill levels the playing field. Good employers can keep on doing what they do, knowing that their competitors can no longer undercut them by, for instance, employing a majority of their staff on zero-hours contracts, not giving holiday pay, firing and rehiring or just underpaying.
This Bill is good for good businesses and good for workers. It is good for growth and for society. It will put more money in people’s pockets and deliver real, tangible benefits for working people, and I am very pleased to support it.
When I spoke on Second Reading, I welcomed the advancements that this Bill would make on statutory sick pay, maternity and paternity pay and protections around pregnancy, as well as its values of fairness. I support new clauses 44, 47 and 48: it is only right that if someone has done a fair day’s work and a business fails to pay them, the Secretary of State should have the authority to give notice of underpayment. No one in Britain should go home from an honest day’s work out of pocket and worried about paying their bills. I also welcome the Secretary of State’s interventions on imposing financial penalties on businesses that make underpayments.
I believe that poor practice in the workplace should be called out and that those responsible should be held accountable. However, we also need an adequately resourced fair work agency, so I support new clause 82, tabled by the Chair of the Business and Trade Committee, my right hon. Friend the Member for Birmingham Hodge Hill and Solihull North (Liam Byrne). The agency should be agile enough to tackle issues upstream by supporting businesses that want to comply with the law, as well as having enough resources to tackle meaningfully non-compliant businesses. On the Business and Trade Committee, we heard from several businesses, some of which were great employers and some of which were unable to justify their malpractice, with evidence of modern-day slavery in their supply chains.
We cannot have companies getting away with poor practice where workers cannot use the toilet, are not entitled to their breaks or fail to get their fair pay. Transparency, accountability and enforcement are key, but we must remember that most businesses do their best by their workers, and I have witnessed that. Since Second Reading, I have met with business owners in several sectors, from steelworkers and scaffolders to restaurant owners and retail. During my visits and roundtables in my constituency of Dudley, both workers and employers often tell me that they want the same thing: the stability to grow and a fiscally responsible Government who care about them and their future. Stability is not a zero-sum game. Research shows that when businesses look after their employees, they create a more loyal and productive workforce, which in turn strengthens businesses and helps them to grow the economy. In 2023, digital research by Deloitte found that
“fostering trust, opportunities for growth, and employee well-being are the keys to increased workforce retention and satisfaction”.
To reassure businesses, we know that the implementation of this Bill will be in phases. That approach promises to allow step-by-step upskilling of HR professionals and to update employment practices one step at a time; they will not be expected to be employed until 2026. I therefore ask the Minister to provide a road map outlining details of future consultations, with a two-year timeline to help to guide business owners to provide stability for businesses. A road map would undoubtedly help to ease growing pains, allowing small businesses time to plan the necessary administration, upskilling and ability to resource for the fair work agency. Both workers and businesses in Dudley would benefit greatly from that stability, and I wholeheartedly support this Bill.
I am also very proud to be supporting this Bill and the Government amendments, so that we can deliver reforms that are rightly pro-business and pro-worker. The Bill will also put more money in people’s pockets and deliver real-life improvements that will be felt by working people. Key amendments that have been tabled will strengthen protections for the lowest-paid workers, extend protections from exploitative zero-hours contracts, and boost the voice of working people in my constituency of Mansfield.
I particularly welcome the Government’s new schedule 2, which will update frameworks for trade unions, reflect modern work practices and rebalance industrial relations. It will ensure that the size of a workplace bargaining unit will be frozen and cannot be increased during the recognition process. A recent example of where this new schedule would have supported workers occurred at Amazon. When my union, the GMB, first applied for statutory recognition there, Amazon reported that it had 1,400 employees working at the site and refused to have any discussion on trade union recognition. Amazon workers faced a David versus Goliath fight in having to prove that they had at least 40% support in the workplace for union recognition. As amended, the Bill will vastly simplify that process, with the new schedule freezing the bargaining unit at the point of application. We want to be able to bring good practice and good employers to our constituencies.
I would happily speak further in support of so many of the amendments that have been tabled, but I am acutely aware that we are at the end of the debate.
My right hon. Friend’s amendment 282 would include digital means of communication with workers in unions’ rights of access to workplaces. I appreciate the good intentions behind the amendment, but the Government are already committed to modernising working practices and moving away from a reliance on ad hoc access arrangements. We recognise the importance of providing for a digital right of access, in addition to the physical access for which the Bill already provides. That is why we have amended the Bill to expand access rights, allowing for access agreements to include communication with workers other than by means of physical access to a workplace, such as digital means.
My hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) talked about procurement. His new clause would amend the Procurement Act 2023 to place a duty on the Secretary of State to ensure that any contract entered into by either a Government Department, an executive agency of Government, a non-departmental public body or a non-ministerial department must comply with certain requirements relating to the recognition of trade unions. We recognise that the recognition of trade unions for collective bargaining was an important feature of the previous two-tier code on workforce matters. The Bill contains powers to reinstate and strengthen the code by way of regulations and a statutory code, so I assure the House that the Government are committed to strengthening trade union recognition and collective bargaining rights.
New clause 77, in the name of the hon. Member for Dundee Central (Chris Law), would result in a change to the Scotland Act 1998 by removing employment law from the list of reserved matters, thereby bringing it within the competence of the Scottish Parliament. While his perseverance on this issue is not unnoticed, it would come as no surprise to him, were he here, that the Government have no intention of devolving employment law to the Scottish Parliament. Previous Scotland Acts have already created one of the most powerful devolved Parliaments in the world. When there were considerably more SNP Members here during the last Parliament, there was a ten-minute rule Bill on this very subject, and the SNP could not even get a majority of its own Members to support it, so why on Earth would we support such a measure now? I do not know.
I will turn to the amendments from my right hon. Friend the Member for Hayes and Harlington (John McDonnell) on prison officers’ right to strike. I thank him for his persistence and his active engagement on behalf of prison officers. As he said, prison officers are prevented from taking industrial action under current legislation. Their pay is governed by the independent Prison Service pay review body process, which acts as a compensatory mechanism for that restriction. There is limited contingency to deal with industrial action, and during such incidents the reliance is on a narrow pool of operational managers with some potential for very limited support from the police and Army in limited circumstances. That creates operational risks and is not sustainable for any period of time.
My right hon. Friend the Member for Hayes and Harlington referred to what he classed as disrespect to prison officers during that debate in Committee. I just put on record that there was certainly no disrespect shown by those on the Government Benches; we value and respect the work that prison officers do. I know that he will continue to pursue this matter, and I suggest that he contacts the Ministry of Justice, which has the remit. I hope it will be able to engage on the matter in future.
Let me now deal with some of the Liberal Democrat new clauses and amendments. The hon. Member for St Albans (Daisy Cooper) spoke about new clause 19, which would give the Secretary of State the power to set out and define in regulations the professional bodies that could represent employees at disciplinary meetings. It is unclear to us where the demand for that would come from, and I would expect it to benefit some businesses that have raised the prospect with successive Governments. What is clear, however, is that expanding the types of organisations that could be involved in representing workers at such meetings could lead to hearings requiring legal representation for both the worker and the employer. That would increase the cost of holding a hearing, would escalate matters, and would potentially decrease the chance of an amicable resolution as both parties became entrenched in dispute. We believe that trade unions are best placed to represent employees in disciplinary and grievance hearings in the workplace, and statutory provisions are already in place to enable them to do that.
The hon. Member for St Albans also tabled new clause 111, which relates to legal aid for employment disputes. I am committed to ensuring that workers are able to enforce their employment rights, and we are working closely with the Ministry of Justice to ensure that happens, looking into what further improvements we can make to the way in which ACAS and employment tribunals operate. A key benefit of moving enforcement to the Fair Work Agency is that it will make it easier and quicker for workers to secure justice, without the need for additional legal representation or legal aid. I hope that gives the hon. Lady some reassurance that we are looking seriously at the issue.
New clause 110, also tabled by the hon. Member for St Albans,
“would require the Secretary of State to publish a review on the impact of Part 4 of the Bill…on SMEs within 3 months of the passage of this Act.”
In the impact assessment, the Government have set out our initial plan for monitoring an evaluation of the impacts of the Bill, as well as some secondary legislation. I say this with the greatest respect to the hon. Lady: she has expressed concern about the burden on business, but if we had accepted all her party’s amendments yesterday, that would have added several billion pounds to the costs of businesses. The Liberal Democrats will have to decide, ideally tonight, whether they are in favour of workers’ rights or not.
Let me now deal with some of the amendments from the official Opposition. Amendment 297 seeks to
“increase, from seven to 14 days, the notice period that trade unions are required to adhere to when notifying employers that they plan to take industrial action.”
Our consultation on the creation of a modern framework for industrial relations sought views on what an appropriate notice period would be, recognising that the repeal of the Trade Union Act 2016 would reduce the notice period from 14 to seven days. The Government have listened carefully to the concerns expressed by respondents to the consultation who feared that a seven-day notice period would not provide enough time for unions to prepare for industrial action in some important sectors, such as transport, healthcare and education, with possible knock-on impacts on other services. The Government believe that employers should be given enough time to mitigate the most severe effects of industrial action, and acknowledge responses to the consultation arguing that seven days’ notice was insufficient.
Of course, we did have seven days’ notice between 2010 and 2016 under the Tory Government. The Tories’ lack of understanding of the Bill is clear from the number of times we heard that it would take us back to the 1970s, whereas in fact it will take us back to 2015, when an earlier version of the Bill was introduced. The Government’s view is that 10 days provides the appropriate balance in enabling employers to mitigate the impact of industrial action and reduce disruption and the knock-on impacts of strikes, while also respecting the right to strike.
Amendment 291 seeks to remove clause 52, which deals with political funds and which, I think, prompted the most heated debate. It is notable that when it comes to reducing Tory red tape, it is only trade unions that do not receive the same benefits as everyone else. There has, I think, been a fundamental misunderstanding of what a trade union is. It is a member-based, democratic organisation designed to protect those who are part of it. Comparisons with Netflix subscriptions and insurance contracts are bogus, because they are not the same thing at all. Membership of a trade union and a political fund is not a subscription that people sign up to for a fixed period; it is membership of a democratically organised and independent trade union, which they are free to leave at any time. Members have control of the organisation because it is democratically organised, and they can decide as a union whether to have a political fund at all. People cannot email the chief executive of Netflix and demand that it makes a programme starring their favourite actor, but if people are unhappy with a trade union, they have the opportunity to get involved and change it.
It should be noted that in the 40 years that we have had political fund ballots, no union has disaffiliated from the Labour party as a result of that. There has been no closure of political funds, so it is very clear that this is simply red tape. Of course, it is not all about funding the Labour party, because nearly half of all unions that have a political fund are not affiliated with the Labour party. If Conservative Members are not satisfied with that, they should read the Bill that is before them, because the clause that they want to remove—clause 52—sets out in subsection (3) how members can opt out of a political fund. It even sets out the ways they can do so: by post, email or electronic means. Some of the patronising comments we have heard about people being trapped into something that they do not wish to be in does not reflect the reality of the situation or the ability of trade union members to make up their own minds and exercise their democratic rights. Had any Conservative Members ever been members of a trade union, they would understand that.
The repeated insinuations from Conservative Members that I or any anyone else on the Labour Benches have brought forward this Bill because we have been paid by the trade unions to do so is offensive and wrong in equal measure. They might think money buys you the chance to write the law, but that says far more about their approach to legislation than it does about ours. On the Labour Benches, we do these things because we believe in them. We believe that everyone deserves fair treatment at work, and this Bill delivers that. It is delivering on our values.
In conclusion, the Bill represents a generational shift in protection, a long-overdue reinforcement of workers’ rights in this country, and tangible proof of how a Labour Government can bring meaningful benefit to people’s lives. For many of us, it is fundamental to why we are in the Labour party, so now is not the time to shy away from our efforts. Now is not the time to talk about what might have been; it is the time to be bold, to be loud and to be proud that this Labour Government are delivering by putting fairness, dignity and security back into the workplace.
Question put, That the clause be read a Second time.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, read the First and Second time, and added to the Bill.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Amendments made: 162, page 61, leave out line 15 and insert—
Amendment 163, page 61, line 24, leave out from “for” to “for” in line 25 and insert—
Amendment 164, page 61, leave out lines 30 and 31 and insert—
Amendment 165, page 61, leave out lines 32 and 33.
Amendment 166, page 61, line 33, at end insert—
Amendment 167, page 61, line 35, after “meet,” insert “support,”.
Amendment 168, page 62, line 8, at end insert—
Amendment 169, page 62, line 12, leave out “to a workplace”.
Amendment 170, page 63, line 27, leave out “to the workplace”.
Amendment 171, page 63, line 30, leave out “to the workplace”.
Amendment 172, page 64, line 27, leave out “access a workplace” and insert— “physically enter a workplace or communicate with workers (or both)”.
Amendment 173, page 64, line 31, leave out “to a workplace”.
Amendment 174, page 64, line 31, at end insert—
Amendment 175, page 65, line 5, leave out “to a workplace”.
Amendment 176, page 65, leave out lines 10 and 11.
Amendment 177, page 65, line 13, at end insert—
Amendment 178, page 65, line 14, leave out “the” and insert “a”.
Amendment 179, page 65, line 14, at end insert—
Amendment 180, page 65, line 15, leave out “to the workplace”.
Amendment 181, page 67, line 17, leave out—
“may not exceed a prescribed amount”
and insert—
Amendment 182, page 67, line 30, at end insert—
Amendment 183, page 68, line 14, at end insert—
Amendment 184, page 68, line 35, at end insert—
Amendment made: 185, Page 69, line 2, leave out clause 51.—(Justin Madders.)
Amendment proposed: 291, page 71, line 1, leave out Clause 52.—(Greg Smith.)
Amendments made: 186, page 71, line 7, leave out from “For” to “substitute” in line 8 and insert
Amendment 187, page 71, leave out lines 15 to 25.
Amendment 188, page 71, line 33, leave out from “of” to end of line 34 and insert
Amendment 189, page 72, leave out lines 11 and 12 and insert—
Amendment 190, page 72, line 22, leave out from “section” to “not” in line 24 and insert
Amendment 191, page 72, line 27, leave out from “section” to third “to” in line 28 and insert
Amendments made: 192, page 79, leave out lines 3 to 6.
Amendment 193, page 79, line 6, at end insert—
Amendment 194, page 79, line 9, leave out “(4),” and insert “(4)—
(a)”.
Amendment 195, page 79, line 11, leave out “sections 2 and 3” and insert “section 2”.
Amendment 196, page 79, line 12, at end insert—
Amendments made: 197, page 79, line 14, leave out from beginning to “(information” in line 16 and insert—
Amendment 198, page 79, line 18, leave out subsection (3).
Amendment 199, page 79, line 26, leave out from “the” to “of” in line 27 and insert—
Amendments made: 200, page 80, line 4, after “action)” insert
Amendment 201, page 80, line 6, leave out “seventh” and insert “tenth”.—(Justin Madders.)
Amendment proposed: 297, page 80, line 6, leave out “seventh” and insert “fourteenth”.—(Andrew Griffith.)
Question put, That the amendment be made.
More than five hours having elapsed since the commencement of proceedings on consideration, the proceedings were interrupted (Programme Order, 11 March).
The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
Amendment made: 202, page 80, line 8, leave out “(1)” and insert “(1)(c)”.—(Justin Madders.)
Amendments made: 203, page 89, leave out lines 17 and 18.
Amendment 204, page 89, line 18, at end insert—
Amendment made: 205, page 90, line 15, at end insert—
Amendment made: 206, page 90, line 31, at end insert—
Amendment made: 207, page 91, line 2, at end insert—
Amendment made: 208, page 92, line 2, at end insert—
Amendment made: 209, page 92, line 25, after “Parliament” insert
Amendment made: 210, page 93, line 9, after “Parliament” insert
Amendment made: 211, page 104, line 8, at end insert
Amendments made: 212, page 106, line 28, at end insert—
Amendment 213, page 106, line 31, at end insert
Amendment 214, page 106, line 33, at end insert
Amendment 215, page 106, line 35, after “function” insert
Amendment 216, page 106, line 37, at end insert “or civil proceedings function;”.
Amendment 217, page 107, line 3, after “function” insert
Amendment 218, page 107, line 4, after first “function” insert “or civil proceedings function”.
Amendment 219, page 107, line 7, after first “function” insert
Amendment made: 220, page 111, line 6, at end insert
Amendments made: 221, page 116, line 6, at end insert—
Amendment 222, page 116, line 10, after “120;” insert
Amendment 223, page 116, line 10, at end insert—
Amendment 224, page 116, line 11, at end insert—
Amendment 225, page 116, line 15, at end insert—
Amendment 226, page 116, line 21, at end insert—
Amendments made: 227, page 118, line 14, after “State” insert “or the Welsh Ministers”.
Amendment 228, page 118, line 15, at end insert—
Amendment 229, page 118, line 23, after “procedure”” insert “—
Amendment 230, page 118, line 24, at end insert—
Amendment 231, page 118, line 26, after “procedure”” insert “—
Amendment 232, page 118, line 28, at end insert—
Amendment 233, page 118, line 29, after “included” insert “by a person”.
Amendment 234, page 118, line 30, after “made” insert “by the person”.—(Justin Madders.)
Amendment made: 235, page 119, line 4, leave out paragraphs (b) and (c) and insert—
Amendments made: 236, page 119, line 28, at end insert—
Amendment 237, page 119, line 34, leave out paragraph (e) and insert—
Amendment 238, page 119, line 34, at end insert—
Amendment 239, page 119, line 36, at end insert—
Meaning of “the application day”
Acceptance of applications
Withdrawal of application
Notice to cease consideration of application
Communication with workers through independent person after application
Access agreements
Unfair practices
Powers of CAC on proceeding with application
10 (1) Paragraph 22 (powers of CAC where majority of workers are members of union) is amended as follows.
11 (1) Paragraph 23 (CAC to order ballot where majority of workers are not members of union) is amended as follows.
Ballots
12 (1) Paragraph (1) 24 (notice of holding of ballot) is amended as follows.
13 In paragraph 25 (rules relating to ballot), after sub-paragraph (1) insert—
14 (1) Paragraph 26 (duties (1) of employer in relation to ballot) is amended as follows.
15 After paragraph 27 insert—
16 Omit paragraphs 27A to 27F (unfair practices during ballot).
17 (1) Paragraph 28 (costs of ballot) is amended as follows.
18 (1) Paragraph 29 (result of ballot) is amended as follows.
General provisions about admissibility of applications
19 (1) Paragraph 35 (admissibility of applications: existing collective agreement) is amended as follows.
20 In paragraph 36 (admissibility of applications: minimum support), for sub-paragraph (1) substitute—
21 (1) Paragraph 38 (admissibility of applications: overlapping bargaining unit) is amended as follows.
22 In paragraph 40 (admissibility of applications: union not entitled to be recognised), in sub-paragraph (1)—
23 After paragraph 40 insert—
24 In paragraph 41 (admissibility of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—
General provisions about validity of applications
25 (1) Paragraph 44 (validity of applications: existing collective agreement) is amended as follows.
26 For paragraph 45 (validity of applications: minimum support) substitute—
27 (1) Paragraph 46 (validity of applications: overlapping bargaining unit) is amended as follows.
28 In paragraph 48 (validity of applications: union not entitled to be recognised), in sub-paragraph (1)—
29 After paragraph 48 insert—
30 In paragraph 49 (validity of applications: union required to cease bargaining arrangements), in sub-paragraph (1)—
Competing applications
31 In paragraph 51 (competing applications), in sub-paragraph (2)(c), for “10 per cent test” substitute “required percentage test”.
Voluntary recognition
32 In paragraph 52 (voluntary recognition), in sub-paragraph (3)(f), after “19F(5)” insert “, 19K(4) or (5), 19P(4) or (5)”.
Access agreements
33 After paragraph 81 insert—
Unfair practices
34 After paragraph 81F (inserted by paragraph 33 of this Schedule) insert—
Powers of CAC where CAC decides new unit appropriate
35 (1) Paragraph 86 (new bargaining unit: assessment of support) is amended as follows.
36 In paragraph 87 (powers of CAC where majority of workers are members of union), for sub-paragraph (1) substitute—
37 In paragraph 88 (powers of CAC where majority of workers are not members of union), for sub-paragraph (1) substitute—
38 (1) Paragraph 89 (ballots) is amended as follows.
Withdrawal of application
39 In paragraph 93 (withdrawal of application), in sub-paragraph (1)(a), for “or 78(3)” substitute “, 78(3), 81E(4) or (5) or 81J(4) or (5)”.
Access agreements
40 After paragraph 116 insert—
Unfair practices
41 After paragraph 116F (inserted by paragraph 40 of this Schedule) insert—
Ballots
42 (1) Paragraph 117 (ballots: general) is amended as follows.
43 (1) Paragraph 118 (duties of employer in relation to ballot) is amended as follows.
44 In paragraph 119 (breach of paragraph 118), after sub-paragraph (4) insert—
45 After paragraph 119 insert—
46 Omit paragraphs 119A to 119I (unfair practices during ballot).
47 (1) Paragraph 120 (costs of ballot) is amended as follows.
48 In paragraph 121 (result of ballot), for sub-paragraphs (1) and (1A) substitute—
Derecognition where recognition automatic
49 In paragraph 122 (derecognition where recognition automatic on agreed terms), in sub-paragraph (1)(a)—
50 In paragraph 123 (derecognition where recognition automatic on specified terms), in sub-paragraph (1)(a)—
51 In paragraph 124 (derecognition where recognition automatic following changes to bargaining unit), in sub-paragraph (1), after “paragraph” insert “81E(4), 81J(4) or”.
52 After paragraph 132 insert—
53 After paragraph 132A (inserted by paragraph 52 of this Schedule) insert—
54 (1) Paragraph 133 (ballot on derecognition) is amended as follows.
Derecognition where union not independent
55 After paragraph 146 insert—
56 After paragraph 146A (inserted by paragraph 55 of this Schedule) insert—
57 (1) Paragraph 147 (ballot on derecognition) is amended as follows.
58 After paragraph 171A insert—
59 (1) The Employment Relations Act 2004 is amended as follows.
Brought up, and read the First time.
Question put, That the schedule be read a Second time.
New schedule 2 read a Second time, and added to the Bill.
Amendments made: 246, page 155, line 2, at end insert—
Amendment 247, page 155, line 13, leave out paragraph 13 and insert—
Amendment 248, page 155, line 22, at end insert—
Amendment 250, page 156, line 26, at end insert—
Amendments made: 251, page 157, line 2, at end insert—
Amendment 252, page 157, line 6, at end insert—
Amendment 253, page 157, line 8, at end insert—
Amendments made: 254, page 163, leave out from beginning of line 17 to end of line 3 on page 164 and insert—
Amendment 255, page 171, line 6, at end insert—
Amendment 256, page 171, line 11, at beginning insert—
Amendment 257, page 171, line 12, at end insert—
Amendment 258, page 174, line 16, leave out “sections 16 and” and insert
Amendment 259, page 175, line 7, leave out paragraph 88 and insert—
Amendments made: 260, page 183, line 31, at end insert—
Amendment 261, page 183, line 33, leave out “28” and insert
Amendment made: 262, line 5, after “equality;” insert—
Amendment 263, line 6, leave out—
and insert “Social Care Negotiating Bodies”.— (Justin Madders.)
Third Reading
King’s consent signified.
I refer hon. Members to my entry in the Register of Members’ Financial Interests and declare that I am a lifelong proud trade unionist.
Let me begin by thanking right hon. and hon. Members on both sides of the Chamber for their positive and constructive engagement over recent months. In particular, I thank my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders) for his superhuman work in steering this Bill through its Commons stages, and all the members of the Public Bill Committee for their thoughtful scrutiny.
When this Government took office, we promised the biggest upgrade to workers’ rights in a generation—nothing less than a new deal for working people. We said we would introduce a Bill to deliver that within 100 days, and we heard from Conservative Members who said we should not; and there were those who said we could not, but we did. Today, this House is taking another giant step towards making work pay. Let us be clear: too many working people have had to wait for too long for change. Over a decade, wages flatlined, in-work poverty grew, and growth was strangled. We inherited a failing economy that served no one, but today a Government of working people for working people are turning the tide.
This landmark Bill—pro-growth, pro-business and pro-worker—will put fairness back into work. Almost 9 million employees will be protected from unfair dismissal, up to 2 million will receive a right to bereavement leave and 1 million workers on zero-hours contracts will get the security they deserve. In three weeks’ time, over 3 million workers will see one of the biggest rises in the minimum wage on record. We said that we would make work pay, and this Government meant it.
Our vision is backed by many of the best businesses such as the 1,200 members of the Good Business Charter, from FTSE 100 companies to small and medium-sized enterprises. They prove that if you treat people well, you get the best out of them. They know that being pro-worker is not a barrier to success, but a launchpad to it. That is why this Bill takes the very best standards from the very best businesses and extends them to millions more workers. It is also why we proudly say that this is a pro-business and pro-worker Bill.
But we know that this will represent change, and I understand that many businesses want to work with the Government to get the details right. Our commitment in the weeks and months ahead to is do just that. My message is clear: this transformative package is a huge opportunity. It is a once-in-a-generation chance to reshape the world of work, to drive a race to the top on standards, to deliver growth and to build an economy that works for everyone.
We know that the Tories, in lockstep with Reform, will fight this every step of the way. Over two decades ago, they did the same with Labour’s minimum wage. They said then that it would destroy 2 million jobs, and now they are queueing up to vote against every single measure in this Bill, but the truth is that they were wrong then and they are wrong now. The only thing they are consistent on is that every time they have had the chance to deliver basic fairness for workers, they have voted against it. We know that they cannot be trusted to stand up for working people, but this Labour Government will.
For too long, people in Britain have been overlooked and undervalued, and our plan changes that: with jobs that are more secure and family-friendly; with women supported in work at every stage of life; with a genuine living wage and sick pay for the lowest earners; with further and faster action to close the gender pay gap; with rights that are enforced; and with trade unions that are strengthened.
In July, after 14 years of failure, the country voted for change. We promised to deliver a new deal, and today this Labour Government deliver on that promise with a once-in-a-generation transformation to build an economy based on fairness, to raise living standards, to drive growth and to deliver a better Britain for working people. I commend this Bill to the House.
We disagree on much, but it would be churlish of me not to recognise that today represents a personal victory for the Deputy Prime Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner). While the Secretary of State for Business and Trade, the right hon. Member for Stalybridge and Hyde (Jonathan Reynolds) and the Chancellor of the Exchequer, the right hon. Member for Leeds West and Pudsey (Rachel Reeves) lie low, there is no doubt who has been in the driving seat. [Interruption.] Well, he is now. He’s here now. It is very—[Interruption.]
At least the Deputy Prime Minister is honest in her unwavering support for the trade union agenda. She is proud to walk in the footsteps of Neil Kinnock, Michael Foot and the right hon. Member for Islington North (Jeremy Corbyn), a conviction politician in the proper sense of the word, not a politician with convictions like the Labour Member for Runcorn and Helsby (Mike Amesbury). It makes a welcome change—[Interruption.] Well, he’s going. It makes a welcome change from a Prime Minister who pretends the Bill is about growth.
It is not easy for the right hon. Lady. It is always awkward being at odds with your boss: he says grow, you say slow; he wants fewer regulators, you create new ones. We all remember how in 2021 she herself was a victim of fire and rehire by a bad boss. Just wait until he sees the higher unemployment, higher prices and lower growth that the Bill will bring. [Interruption.]
This is a sad day for business and a bad day for Parliament. Business will have watched the last two days with dismay—[Interruption.] They will watch this with dismay as well, Madam Deputy Speaker. As they struggle with the Chancellor’s job tax and with the business rates hike about to hit next month, they see hundreds of pages of red tape heading their way. They will have seen the Minister yesterday, asked to name a single small business who supports the Bill, reel off the names of three large ones, two of which turned out not to support it anyway and the third was a quote from the chief inclusion officer at the Co-op. My right hon. Friend the Member for Wetherby and Easingwold (Sir Alec Shelbrooke) put it well yesterday when he said the Government plan to increase the number of small businesses by starting with large ones and making them smaller.
No one who cares about Parliament legislating well can be proud of how we have got here: a rushed Bill which was introduced at half the length to which it has now grown; an impact assessment which the Regulatory Policy Committee described as not fit for purpose; over 260 pages of amendments, few of which were scrutinized in Committee; and speeches in favour that have leaned heavily in support of the trade unions who stand to gain so much financially from the Bill.
But my final word goes to the real—[Interruption.] I can do some more. The final word goes to the real victims—[Interruption.] They do not want to hear it, Madam Deputy Speaker. The final word goes to the real victims of this Bill. Faced with this legislation, employers will take fewer risks on new employees. As a result, this Bill will hit young people disproportionately hard. They do not have the track record to rely on someone giving them the chance, a first step into the world of work.
Unlike so many Labour Members, whose first job was at a comfortable desk in TUC Congress House, my first job was at a supermarket. That company was able to take a risk on a young Andrew Griffith with no career experience; it was able to take that chance because it knew that I could not start work in the morning and then file an employment tribunal claim in the afternoon.
I know that for many Labour Cabinet members career experience on their CV is a sensitive topic, but that does not excuse what is a vindictive attack on the next generation. The truth is that Labour do not understand business. They do not understand what it takes to grow; they never have and they never will. Every Labour Government have left office with unemployment higher than when they started, and that is why we cannot support this terrible Bill.
Question put, That the Bill be now read the Third time.
“I worked as a solicitor in Manchester city centre.”—[Official Report, 28 April 2014; Vol. 579, c. 614.]
I should have made it clear that, specifically, that was a reference to being at the time a trainee solicitor. This was an inadvertent error and, although the speech was over a decade ago, as it has been brought to my attention, I would like to formally correct the record, and I seek your advice on doing so.
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