Employment Rights Bill 2024-26

1

Clause 1, page 2, line 9, at beginning insert “If requested by an employee,”

2

Clause 1, page 3, line 24, at end insert- "(6A) See paragraph 5(3A) of Schedule A1 for provision about when the initial reference period is not a reference period in relation to a worker who is a former agency worker and that worker's employer."

3

Clause 1, page 4, line 2, at end insert - "(8A) Subsection (8B) applies where – (a) a worker's contract or arrangement requires an employer to make work available to a worker for a number of hours, and (b) some or all of those hours may be made available either on days falling within a reference period or on days falling within another period (all of the days on which the hours may be so made available together forming the “longer period"). In subsection (8B), “the unassigned hours” are the hours that may be made available at any time during the longer period as described in paragraph (b). (8B) Where this subsection applies - (a) subsection (3)(a)(ii) is to apply as if the contract or arrangement required the employer to make work available to the worker during the reference period for the apportioned number of the unassigned hours (in addition to any other hours that the employer is required to make available to the worker during the reference period); (b) "the apportioned number” of the unassigned hours is – H X D1 D2 where- H is the number of the unassigned hours, D1 is the number of days in the reference period that fall within the longer period, and D2 is the number of days in the longer period. (8C) Where there is more than one longer period in relation to the same reference period, subsection (8B) is to be applied separately in relation to each longer period."

4

Clause 1, page 8, line 42, after “apply” insert “in relation to a reference period"

5

Clause 1, page 8, line 44, at end insert- "(6A) In exercising the power under subsection (6) the Secretary of State must, in particular, have regard to- (a) the benefit to workers of receiving a guaranteed hours offer under this Chapter, and (b) the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances."

6

Clause 3, page 22, line 32, at end insert “that requires the employer to make some work available to the worker"

7

Clause 3, page 23, line 14, at end insert- "(5A) Where notice of cancellation has been given in advance of the short notice period as defined by subsection (6), the employer is not required to make payment under subsection (1).”

8

Clause 3, page 23, line 17, leave out “a specified amount of time” and insert “48 hours”

9

Clause 3, page 23, line 20, leave out from “given” to end of line 25 and insert “ — (i) less than a specified amount of time before the earlier of when the shift would have started (if the shift had not been moved, (ii) or moved and curtailed) and when the shift is due to start (having been moved, or moved and curtailed); (ii) on or after the start of the shift;"

10

Clause 3, page 24, leave out lines 7 to 10 and insert- "(9) For the purposes of this Chapter, references to the movement of a shift (however expressed) — (a) are to any change to the time at which the shift is to start that is a change of more than a specified amount of time; (b) include- (i) where a shift is in two or more parts, a change of more than a specified amount of time to the time at which the second (or a subsequent) part is to start, and (ii) a division of a shift into two or more parts where the time between the parts is more than a specified amount of time, but only if the change or division (as the case may be) results in the shift ending later."

11

Clause 3, page 26, leave out lines 19 to 25 and insert- "(6) The duty in subsection (2) is to be taken not to have applied if — (a) the employer pays to the worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the employer would have been required to make to the worker under section 27BP(1) in relation to the same number of hours but for regulations made under subsection (1)(c), and (b) the payment is made on or before the day on which the payment under section 27BP(1) would have had to be made if the employer had been required to make it."

12

Clause 5, page 32, line 40, leave out from beginning to end of line 5 on page 33 and insert - "(b) in relation to a worker and the worker's employer – (i) section 27BA(5)(a) has effect as if for sub-paragraphs (i) and (ii) there were substituted – “(i) where the worker is employed by the employer on the day (“the effective day") after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or (ii) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer, and"; (ii) section 27BF(3) has effect as if for paragraphs (a) and (b) there were substituted - “(a) where the worker is employed by the employer on the day (“the effective day") after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or (b) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer.”; (c) in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraph 1(5)(a) of Schedule A1 has effect as if for sub-paragraphs (i) and (ii) there were substituted - “(i) where the agency worker is working for and under the supervision and direction of the hirer on the day (“the effective day") after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or (ii) where the agency worker is not so working, the first day after the effective day on which the agency worker is working for and under the supervision and direction of the hirer, and"; (d) in relation to an agency worker and the work-finding agency with which the agency worker has a worker's contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of a hirer, paragraph 6(3) of Schedule A1 has effect as if for paragraphs (a) and (b) there were substituted - "(a) where the worker's contract or arrangement is in force on the day ("the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or (b) where it is not in force on the effective day, the first day after the effective day on which it is in force.”””

13

Clause 6, page 34, line 14, at end insert - ““work-finding agency” has the meaning given by section 27BV;”

14

Clause 18, page 40, line 24, leave out “conditions specified in the regulations” and insert "specified conditions"

15

Clause 18, page 40, line 27, at end insert- "(ca) after subsection (3) insert- "(3A) For the purposes of subsection (1) an employee is also a “bereaved person" if - (a) the employee has suffered a pregnancy loss of a specified kind, or (b) the employee satisfies specified conditions as to relationship with- (i) a person who has suffered a pregnancy loss of a specified kind, or (ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.”;"

16

Clause 18, page 40, line 28, leave out “for “child” substitute “person”;” and insert “omit “in respect of a child";"

17

Clause 18, page 40, line 28, at end insert- "(da) in subsection (5), before “a child” insert “the death of”;"

18

Clause 18, page 40, line 31, leave out from “section” to “the” in line 32 and insert “otherwise than in respect of the death of a child,”

19

Clause 18, page 40, line 34, leave out “for “child's” substitute “person’s”;” and insert “for "the date of the child's death” substitute “the specified day";"

20

Clause 18, page 40, line 39, at end insert- "(ga) in subsection (9) – (i) in the definition of “child”, after “stillbirths” insert "after twenty-four weeks of pregnancy"; (ii) after the definition of “child” insert- """live birth" means the birth of a child born alive; “pregnancy loss” means – (a) the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or (b) the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990; "specified" means specified in the regulations;";"

21

After Clause 18, insert the following new Clause – "Special constables: right to time off for public duties (1) The Employment Rights Act 1996 is amended is follows. (2) In section 50 (Right to time off for public duties), after subsection (1) insert- “(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee's working hours for the purpose of performing their duties. (1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.”.”

22

After Clause 22, insert the following new Clause – "Contractual duties of confidentiality relating to harassment and discrimination (1) The Employment Rights Act 1996 is amended as follows. (2) After section 202 insert- “Harassment and discrimination: contractual duties of confidentiality 202A Contractual duties of confidentiality relating to harassment and discrimination (1) Any provision in an agreement between an employer and a worker of the employer (whether a worker's contract or not) is void in so far as it purports to preclude the worker from making- (a) an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or (b) an allegation, or a disclosure of information, relating to the response of an employer of the worker to – (i) relevant harassment or discrimination, or (ii) the making of an allegation or disclosure within paragraph (a). (2) Harassment or discrimination is “relevant” for the purposes of subsection (1) if- (a) the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by (i) an employer of the worker, or (ii) another worker of such an employer, or (b) the person who is, or is alleged to be, the victim of the harassment or discrimination is - (i) the worker, or (ii) another worker of an employer of the worker. (3) Subsection (1) does not apply to provision in an agreement (an “excepted agreement”) that satisfies such conditions as the Secretary of State may specify by regulations. (4) But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b) - (a) to a specified description of person; (b) for a specified purpose; (c) in specified circumstances. (5) The Secretary of State may by regulations – (a) provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who (i) works or worked, or is or was provided with work experience or training, in specified circumstances, or (ii) has entered into, or works or worked under, a relevant contract of a specified description; (b) make provision as to who is to be regarded as an employer of such an individual for the purposes of this section. (6) In subsection (5), “relevant contract” means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual. (7) Regulations under this section may – (a) make different provision for different purposes; (b) make consequential provision. (8) For the purposes of this section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet is to be treated as employment by the relevant officer under a contract of employment. “The relevant officer” has the meaning given by section 43KA(2). (9) Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void. (10) In this section- "discrimination” means discrimination within section 13, or any of sections 15 to 19A, of the Equality Act 2010; "harassment" means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act; "specified" means specified in the regulations.” (3) In section 192(2) (provisions of Act which have effect in relation to armed forces) — (a) omit the “and” at the end of paragraph (e); (b) for paragraph (f) substitute - "(f) this Part, apart from section 202A, and (g) Parts 14 and 15.” (4) In section 193 (provisions of Act which do not apply in relation to the security services), for “section 47B” substitute “sections 47B and 202A". (5) In section 194(2) (provisions of Act which have effect in relation to House of Lords staff) (a) omit the “and” at the end of paragraph (g); (b) for paragraph (h) substitute - "(h) this Part, apart from section 202A, and (i) Parts 14 and 15." (6) In section 195(2) (provisions of Act which have effect in relation to House of Commons staff) - (a) omit the “and” at the end of paragraph (g); (b) for paragraph (h) substitute – "(h) this Part, apart from section 202A, and (i) Parts 14 and 15." (7) In section 236(3) (regulations subject to affirmative procedure), after “125(7)” insert ", 202A"."

23

Leave out Clause 23 and insert the following new Clause- "Right not to be unfairly dismissed: reduction of qualifying period and introduction of initial period of employment Schedule 3 contains provision- (a) reducing the qualifying period of employment for unfair dismissal and introducing provisions in respect of an initial period of employment, and (b) making further consequential amendments."

24

Clause 26, page 45, line 14, leave out “and” and insert “to”

25

Clause 26, page 45, line 25, after “employment” insert “to make a restricted variation (see subsection (3B))"

26

Clause 26, page 45, line 26, leave out from “employee” to end of line and insert “ — (i) did not agree to the restricted variation, or (ii) where the employer sought to make more than one variation, did not agree to a number of variations that included the restricted variation."

27

Clause 26, page 45, line 30, at end insert- "(3A) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if - (a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and (b) one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (3B)); and, in a case where subsection (3) applies, any reference in this section to the restricted variation is to be read accordingly."

28

Clause 26, page 45, line 30, at end insert- "(3B) In this section “restricted variation” means any of the following– (a) a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (3C)); (b) where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure; (c) a variation of any term or condition relating to pensions or pension schemes; (d) a variation of the number of hours which an employee is required to work; (e) a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State; (f) a reduction in the amount of time off which an employee is entitled to take; (g) a variation of a description specified in regulations made by the Secretary of State; (h) the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee's agreement. (3C) The Secretary of State may by regulations provide that a reference in subsection (3B) to a sum payable to an employee in connection with the employment does not include a reference to — (a) a sum payable in respect of – (i) any expenses incurred by an employee; (ii) any expenses of a specified description incurred by an employee; (iii) any expenses incurred by an employee other than expenses of a specified description; (b) a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description. In this subsection “specified” means specified in the regulations."

29

Clause 26, page 45, line 31, at beginning insert “In the case of an employer that is not a local authority,”

30

Clause 26, page 45, line 33, before “variation” insert “restricted”

31

Clause 26, page 45, line 36, leave out from “affect” to end of line 38 and insert “ — (i) the employer's ability to carry on the business as a going concern, or (ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer's statutory functions,”

32

Clause 26, page 46, line 2, before “variation” insert “restricted”

33

Clause 26, page 46, line 2, at end insert – "(4A) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if - (a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority, (b) the relevant intervention direction – (i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and (ii) contains provision relating to the financial management or financial governance of the authority, and (c) the authority shows that — (i) the reason for the restricted variation was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and (ii) in all the circumstances the authority could not reasonably have avoided the need to make the restricted variation. (4B) In determining whether (a) in the case of a public sector employer (other than a local authority), subsection (4)(b) is met, or (b) in the case of a local authority, subsection (4A)(c)(ii) is met, an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review."

34

Clause 26, page 46, line 4, after “met,” insert “or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (4A) are met,”

35

Clause 26, page 46, line 19, before “variation” insert “restricted”

36

Clause 26, page 46, line 21, at end insert- "(5A) In this section- "English local authority” means – (a) a county council or district council in England; (b) a London borough council; (d) the Council of the Isles of Scilly; (c) the Greater London Authority; (e) the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority; (f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (g) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; "local authority” means (a) an English local authority, (b) a Welsh local authority, or (c) a Scottish local authority; “public sector employer" means a person that – (a) is wholly or mainly funded from public funds, (b) is under a statutory duty to carry out any functions of a public nature, and (c) so far as carrying out those functions, does not operate on a commercial basis; "recognised", in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act); "relevant intervention direction" means (a) in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities); (b) in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers); (c) in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities' duty to secure best value); “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; "statutory duty” means a duty imposed by or under any enactment, including- (a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and (b) an Act of the Scottish Parliament; "statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out; "Welsh local authority” means (a) a county council or county borough council in Wales; (b) a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021. (8) The reference in subsection (4)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.” (3A) In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”."

37

Clause 26, page 46, line 21, at end insert- "(5A) The reference in subsection (4A)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed."

38

Clause 26, page 46, leave out lines 22 to 31

39

Clause 26, page 46, line 31, at end insert- "104J Contracts of employment: variations that are not restricted variations (1) This section applies to the dismissal of an employee if - (a) the employee was employed for the purposes of a business carried on by the employer, and (b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3). (2) The reason within this subsection is that- (a) the employer sought to vary the employee's contract of employment, (b) the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and (c) the employee did not agree to the variation. (3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed. (4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if - (a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and (b) none of the differences between the two sets of terms constitutes a restricted variation; and, in a case where subsection (3) applies, any reference in this section to the variation is to be read accordingly. (5) The matters that must be considered in determining the question whether the dismissal is fair or unfair include the following- (a) the reason for the variation; (b) any consultation carried out by the employer with the employee about varying the employee's contract of employment; (c) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union; (d) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee's behalf; (e) anything offered to the employee by the employer in return for agreeing to the variation; (f) any matters specified for the purposes of this subsection in regulations made by the Secretary of State. (6) In this section- "recognised", in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act); "restricted variation" has the same meaning as in section 104I."

40

Clause 26, page 46, line 31, at end insert- “104K Redundancy: replacement of employees with people who are not employees (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if - (a) the employee was employed for the purposes of a business carried on by the employer, and (b) the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer. (2) For the purposes of this section – (a) an employer replaces an employee with an individual who is not an employee of the employer if (and only if) (i) the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer's business, (ii) those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and (iii) the employee's dismissal is not wholly or mainly attributable to the fact that the requirements of the employer's business for those activities to be carried out have ceased or diminished or are expected to cease or diminish; and any reference in this section to replacing an employee is to be read accordingly; (b) a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed; (c) "relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it). (3) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that – (a) the reason for the replacement was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect – (i) the employer's ability to carry on the business as a going concern, or (ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer's statutory functions, and (b) in all the circumstances the employer could not reasonably have avoided the need to replace the employee. (4) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if - (a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority, (b) the relevant intervention direction – (i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and (ii) contains provision relating to the financial management or financial governance of the authority, and (c) the authority shows that - (i) the reason for the replacement was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and (ii) in all the circumstances the authority could not reasonably have avoided the need to replace the employee. (5) In determining whether – (a) in the case of a public sector employer (other than a local authority), subsection (3)(b) is met, or (b) in the case of a local authority, subsection (4)(c)(ii) is met, an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review. (6) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (3) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (4) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following- (a) any consultation carried out by the employer with the employee about replacing the employee; (b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union; (c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee's behalf; (d) any matters specified for the purposes of this subsection in regulations made by the Secretary of State. (7) In this section- "contract" means a contract whether express or implied and (if it is express) whether oral or in writing; "English local authority” means (a) a county council or district council in England; (b) a London borough council; (c) the Greater London Authority; (d) the Council of the Isles of Scilly; (e) the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority; (f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; (g) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; "local authority" means (a) an English local authority, (b) a Welsh local authority, or (c) a Scottish local authority; "public sector employer” means a person that - (a) is wholly or mainly funded from public funds, (b) is under a statutory duty to carry out any functions of a public nature, and (c) so far as carrying out those functions, does not operate on a commercial basis; “recognised”, in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act); "relevant intervention direction" means (a) in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities); (b) in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers); (c) in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities' duty to secure best value); “Scottish local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; "statutory duty" means a duty imposed by or under any enactment, including- (a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and (b) an Act of the Scottish Parliament; "statutory functions”, in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out; "Welsh local authority” means (a) a county council or county borough council in Wales; (b) a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021. (8) The reference in subsection (4)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.” (3A) In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”."

41

Clause 26, page 46, line 34, leave out “subsection (4)” and insert “subsections (4) and (4A)”

42

Clause 26, page 46, line 35, at end insert- “(gp) subsection (1) of section 104K (read with subsections (3) and (4) of that section) applies,”."

43

Clause 26, page 46, line 37, leave out ““1041(5)(e),”.” and insert ““104I,”

44

Clause 26, page 46, line 37, at end insert “104J(5)(f),”

45

Clause 26, page 46, line 37, at end insert “104K(6)(d),”

46

After Clause 26, insert the following new Clause- "Regulations to protect whistleblowers (1) The Secretary of State must, by regulations, make provision to – (a) extend the circumstances in which an employee is considered unfairly dismissed after making a protected disclosure, and (b) require employers to take reasonable steps to investigate any disclosure made to them under section 43C of the Employment Rights Act 1996. (2) Regulations made under subsection 1 apply to any employer with- (a) 50 or more employees, (b) an annual business turnover or annual balance sheet total of £10 million or more, (c) operations in financial services, or (d) vulnerabilities in other respects to money laundering or terrorist financing. (3) When making regulations under subsection (1)(b), the Secretary of State must set out in statutory guidance what “reasonable steps” should include. (4) The Secretary of State must make regulations under this section within six months of the day on which this Act is passed. (5) Regulations under this section are subject to the negative resolution procedure."

47

After Clause 26, insert the following new Clause- "Right to be accompanied by a certified professional companion (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) a 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 an organisation which is authorised by regulations made by statutory instrument.”. (4) In section 42 of the Employment Relations Act 1999 (orders and regulations), after "3," insert "10(8)," ."

48

After Clause 26, insert the following new Clause- "Definition of seasonal work (1) In making regulations under Part 1 of this Act, the Secretary of State must have regard to the specific characteristics and requirements of seasonal work as defined in subsection (2). (2) "Seasonal work” means work that- (a) is performed during a particular period or periods of the year, (b) recurs substantially in the same periods each year, (c) is directly linked to a predictable and temporary increase in demand for labour during those periods, (d) includes work in sectors where such patterns are common, including but not limited to - (i) agriculture and horticulture, (ii) the creative industries, including theatre and live performance, (iii) retail, (iv) hospitality, and (v) tourism and events, and (e) is entered into for a fixed duration not exceeding 26 weeks to meet the temporary demand."

49

After Clause 26, insert the following new Clause- "Consultation on Part 1 (1) The Secretary of State must initiate a consultation on the effects of the provisions in Part 1 of this Act. (2) As part of the consultation under subsection (1), the Secretary of State must ensure that views are specifically sought from at least 500 small and medium-sized enterprises (SMEs). (3) The Secretary of State must lay before each House of Parliament, within 18 weeks of the initiation referred to in subsection (1), a report on the outcome of that consultation, including a summary of responses received from SMEs.”

50

Clause 44, page 65, line 22, at end insert- “(5) Subsections (2) to (4) – (a) do not apply in relation to a term or condition of a social care worker's employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker's detriment; (b) do not prevent the terms and conditions of a social care worker's employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections."

51

Clause 45, page 66, line 2, after “apply” insert “(but see subsection (8))”

52

Clause 45, page 66, line 10, at end insert— "(8) Subsections (5) to (7) – (a) do not apply in relation to a term or condition of a social care worker's employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker's detriment; (b) do not prevent the terms and conditions of a social care worker's employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections."

53

Clause 46, page 66, line 27, at end insert- "(3A) Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified."

54

Clause 46, page 66, line 28, after “section” insert "- "the appropriate legislature” means (a) in the case of regulations of the Secretary of State, Parliament; (b) in the case of regulations of the Welsh Ministers, Senedd Cymru; (c) in the case of regulations of the Scottish Ministers, the Scottish Parliament;"

55

Clause 49, page 68, leave out lines 13 to 19

56

Clause 54, page 72, line 16, at end insert- "(10A) But regulations under section 84A may not provide for provision made for the purpose of giving effect to an agreement, or an amendment of an agreement, to come into force — (a) before the United Kingdom has ratified the agreement, or (b) in a case where - (i) the provision is for the purpose of giving effect to an amendment of an agreement, and (ii) the United Kingdom would not be required to give effect to the amendment until it had been ratified by the United Kingdom, before the United Kingdom has ratified the amendment."

57

Clause 54, page 72, line 17, after “in” insert “subsections (2) to (10) of”

58

Clause 54, page 72, line 21, leave out from “84A(2)” to end of line 23

59

Clause 54, page 72, leave out lines 26 to 31

60

After Clause 54, insert the following new Clause- "CHAPTER 4 INDUSTRIAL UNDERTAKINGS Restriction on the employment of children in industrial undertakings In section 1 of the Employment of Women, Young Persons, and Children Act 1920 (restrictions on the employment of women, young persons, and children in industrial undertakings), at the end of subsection (1) insert “(but voluntary work on a heritage railway or heritage tramway is not employment in an industrial undertaking)"."

61

Leave out Clause 59

62

Clause 65, page 95, line 12, leave out subsection (2)

63

Clause 111, page 123, line 40, after “sheriff” insert “or a summary sheriff”

64

Clause 113, page 125, line 21, leave out paragraph (a)

65

Clause 132, page 136, line 7, leave out “any other” and insert “an”

66

Clause 140, page 141, line 30, leave out subsection (7)

67

Clause 148, page 145, line 31, leave out from “employee” to end of line 32 and insert “means an individual who is an employee within the meaning of section 230(1) of the Employment Rights Act 1996 or Article 3(1) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (Ν.Ι. 16));”

68

Clause 148, page 145, line 32, at end insert- “employer" has the meaning given by subsection (1A);"

69

Clause 148, page 146, line 41, leave out from first “the” to end of line 43 and insert “meaning given by subsection (4).”

70

Clause 148, page 146, line 43, at end insert- "(1A) In this Part "employer” means any of the following- (a) an employer within the meaning of section 230(4) of the Employment Rights Act 1996 or Article 3(4) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (Ν.Ι. 16)); (b) a person who is an employer for the purposes of Part 4A of the Employment Rights Act 1996 in relation to a worker mentioned in section 43K(2) of that Act; (c) a person who is an employer for the purposes of Part 5A of the Employment Rights (Northern Ireland) Order 1996 in relation to a worker mentioned in Article 67K(2) of that Order; (d) a person who is the principal for the purposes of section 47A or 63A of the Employment Rights Act 1996 or Article 70A or 91A of the Employment Rights (Northern Ireland) Order 1996 (right to time off for young person for study or training); (e) a person who is – (i) an employer for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act, (ii) an employer in relation to a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or (iii) an employer in relation to a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996; (f) in relation to an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996- (i) a person who is the hirer within the meaning of any Part of Schedule A1 to that Act (agency workers: guaranteed hours and rights relating to shifts); (ii) a work-finding agency within the meaning of Schedule A1 to that Act (see section 27BV(4) of that Act); (iii) a relevant person within the meaning of section 47I of that Act (agency workers and Schedule A1 rights); (g) in relation to an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350) — (i) the hirer within the meaning of the relevant Regulations; (ii) (where the worker is not actually employed by the temporary work agency) the temporary work agency within the meaning of the relevant Regulations; (h) in relation to an individual seeking to be employed by a person as a worker, that person."

71

Clause 148, page 147, line 9, at end insert- "(4) In this Part “worker” means any of the following - (a) a worker within the meaning of section 230(3) of the Employment Rights Act 1996 or Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (Ν.Ι. 16)); (b) an individual who is not a worker as defined by section 230(3) of the Employment Rights Act 1996 but who is a worker for the purposes of Part 4A of that Act (see section 43K(1) of that Act); (c) an individual who is not a worker as defined by Article 3(3) of the Employment Rights (Northern Ireland) Order 1996 but who is a worker for the purposes of Part 5A of that Order (see Article 67K(1) of that Order); (d) an individual who- (i) is a worker for the purposes of Chapter 3 or 4 of Part 2A of the Employment Rights Act 1996 (zero hours workers) by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act, (ii) works under a zero hours arrangement within the meaning of Part 2A of that Act (see section 27BZ2(1) of that Act), or (iii) works under a non-contractual zero hours arrangement within the meaning of Article 59A of the Employment Rights (Northern Ireland) Order 1996; (e) an individual who is an agency worker within the meaning of Part 2A of the Employment Rights Act 1996; (f) an individual who is an agency worker within the meaning of the Agency Workers Regulations 2010 (S.I. 2010/93) or the Agency Workers Regulations (Northern Ireland) 2011 (S.R. (N.I.) 2011 No. 350); (g) an individual seeking to be employed by a person as a worker."

72

Clause 156, page 150, line 19, leave out paragraph (b)

73

Schedule 1, page 154, leave out lines 27 to 35 and insert- "(b) must propose terms and conditions of employment relating to pay that comply with paragraph 2A, and (c) must propose terms and conditions of employment relating to additional matters - (i) that, taken as a whole, are no less favourable than the terms and conditions relating to additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period,”

74

Schedule 1, page 155, line 11, at end insert — "(7A) For the purposes of sub-paragraphs (6)(b) and (7B), terms and conditions of employment relate to “pay” if they relate to any sums payable to a worker in connection with the worker's employment, including any fee, bonus, commission, holiday pay or other emolument referable to the employment, whether payable under contract or otherwise. (7B) For the purposes of sub-paragraph (6)(c), terms and conditions of employment relate to "additional matters" if - (a) they are not terms and conditions that are required by or under sub-paragraphs (1) and (2) or sub-paragraphs (1) and (4); (b) they do not relate to length of employment; (c) they do not relate to pay."

75

Schedule 1, page 155, line 20, at end insert— “Requirements relating to a guaranteed hours offer: terms and conditions relating to pay 2A (1) Terms and conditions of employment relating to pay that are proposed by a guaranteed hours offer made by a hirer to a qualifying agency worker in respect of a relevant reference period comply with this paragraph if any of conditions A to D is met in relation to those terms and conditions. (2) Condition A is that the terms and conditions of employment relating to pay are no less favourable than the most favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period. (3) Condition B is that- (a) the terms and conditions of employment relating to pay do not meet condition A but are no less favourable than the least favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, and (b) the proposal of those terms by the hirer constitutes a proportionate means of achieving a legitimate aim. (4) Condition C is that the terms and conditions of employment relating to pay are no less favourable than- (a) where there was only one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period, the terms and conditions of employment relating to pay that the comparable worker had at the end of that period, or (b) where there was more than one such comparable worker, the most favourable terms and conditions of employment relating to pay that a comparable worker had at the end of the relevant reference period. (5) Condition D is that, where there was more than one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period- (a) the terms and conditions of employment relating to pay do not meet condition C but are no less favourable than the terms and conditions of employment relating to pay that at least one comparable worker had at the end of the relevant reference period, and (b) the proposal of those terms by the hirer constitutes a proportionate means of achieving a legitimate aim. (6) If a hirer relies on any of sub-paragraphs (3) to (5) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give a notice to the qualifying agency worker that- (a) states that the hirer has done so, and (b) where sub-paragraph (3)(b) or (5)(b) applies, explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim. (7) A notice under sub-paragraph (6) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see paragraph 2(8)). (8) For the purposes of this paragraph a worker is a “comparable worker”, in relation to an agency worker who works for and under the supervision and direction of a hirer, if - (a) the worker is employed by the hirer to do the same or broadly similar work as the agency worker, having regard, where relevant, to whether the worker and the agency worker have a similar level of qualification and skills, and (b) the worker is employed by the hirer to work at the same place as the agency worker or, where there is no worker employed by the hirer at that place who does the same or broadly similar work as the agency worker, at any other place. (9) Paragraph 2(7A) (when terms and conditions of employment relate to pay) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(b) and (7B). (10) References in this paragraph to terms and conditions relating to pay that an agency worker had when working for and under the supervision and direction of a hirer are references to any sums payable to the agency worker in connection with that work, including any fee, bonus, commission, holiday pay or other emolument referable to the work, whether payable under contract or otherwise.”

76

Schedule 1, page 155, line 23, leave out from “to” to end of line 24 and insert “additional matters that the qualifying agency worker had when working”

77

Schedule 1, page 155, line 28, leave out from "employment” to “that” in line 29 and insert "relating to additional matters”

78

Schedule 1, page 155, line 31, leave out from “to” to end of line and insert “additional matters”

79

Schedule 1, page 155, line 37, leave out from “to” to “that” and insert “additional matters”

80

Schedule 1, page 156, line 9, at end insert - "(5) Paragraph 2(7B) (when terms and conditions of employment relate to additional matters) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(c).”

81

Schedule 1, page 157, line 13, after “apply” insert “in relation to a reference period”

82

Schedule 1, page 157, line 15, at end insert- "(6A) In exercising the power under sub-paragraph (6) the Secretary of State must, in particular, have regard to- (a) the benefit to agency workers of receiving a guaranteed hours offer under this Part of this Schedule, and (b) the desirability of preventing this Part of this Schedule from having a significant adverse effect on hirers who are dealing with exceptional circumstances."

83

Schedule 1, page 158, line 33, at end insert- "(3A) Where, by virtue of sub-paragraphs (2) and (3), a qualifying agency worker and a hirer are treated as entering into a worker's contract on a day, and accordingly from that day the qualifying agency worker becomes a worker and the hirer becomes that worker's employer, Chapter 2 of Part 2A applies in relation to that worker and that employer as if in section 27BA (employer's duty to make a guaranteed hours offer) subsections (4)(a) and (5) (which provide for the initial reference period to be a reference period and define the initial reference period) were omitted."

84

Schedule 1, page 171, line 37, leave out from “given” to end of line 2 on page 172 and insert "- (i) less than a specified amount of time before the earlier of when the shift would have started (if the shift had not been moved, or moved and curtailed) and when the shift is due to start (having been moved, or moved and curtailed); (ii) on or after the start of the shift;”

85

Schedule 1, page 172, leave out lines 19 to 22 and insert- "(5) For the purposes of this Part of this Schedule, references to the movement of a shift (however expressed). (a) are to any change to the time at which the shift is to start that is a change of more than a specified amount of time; (b) include- (i) where a shift is in two or more parts, a change of more than a specified amount of time to the time at which the second (or a subsequent) part is to start, and (ii) a division of a shift into two or more parts where the time between the parts is more than a specified amount of time, but only if the change or division (as the case may be) results in the shift ending later."

86

Schedule 1, page 174, line 17, after “(4)” insert “(b)”

87

Schedule 1, page 174, leave out lines 34 to 40 and insert- "(8) The duty in sub-paragraph (4) is to be taken not to have applied if — (a) the work-finding agency or another person pays to the agency worker an amount in relation to a number of hours that is at least equal to the amount of the payment that the work-finding agency would have been required to make to the agency worker under paragraph 21(1) in relation to the same number of hours but for regulations made under sub-paragraph (1)(c), and (b) the payment is made on or before the day on which the payment under paragraph 21(1) would have had to be made if the work-finding agency had been required to make it."

88

Schedule 1, page 178, line 3, at end insert "(6) Where an employment tribunal finds as described in sub-paragraph (5)(c), the hirer is to be treated for the purposes of section 12A and Part 2A of the Employment Tribunals Act 1996 (financial penalties) as an employer and as having breached the right of the agency worker to which the complaint under paragraph 25(1)(c) relates."

89

Schedule 2, page 178, line 27, at end insert- “Insolvency Act 1986 A1 In the Insolvency Act 1986, in Schedule 6 (categories of preferential debts), in paragraph 13(2), before paragraph (a) insert- "(za) a payment under section 27BP(1) of, or paragraph 21(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift);"."

90

Schedule 2, page 178, line 29, leave out “In the Employment Tribunals Act 1996,” and insert- “The Employment Tribunals Act 1996 is amended as follows. 1A (1) Section 12A (financial penalties) is amended as follows. (2) In subsection (11), in the definition of “employer”, after paragraph (a) insert— "(aa) in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes a person who is an employer by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act; (ab) in relation to a right conferred by Part 1 or 2 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, includes the hirer within the meaning of the relevant Part of that Schedule; (ac) in relation to a right conferred by Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, includes (where it would not otherwise do so) the work-finding agency within the meaning of the relevant Part of that Schedule; (ad) in relation to a right conferred by section 47I of the Employment Rights Act 1996, includes (where it would not otherwise do so) a person who is a relevant person within the meaning of that section;". (3) In that subsection, in the definition of “worker”, for the words from “includes” to the end of the definition substitute " (a) includes an individual seeking to be employed by a person as a worker; (b) in relation to a right conferred by Chapter 3 or 4 of Part 2A, or section 47H, of the Employment Rights Act 1996, includes an individual who is a worker by virtue of section 27BJ(7) or (as the case may be) 27BP(8) of that Act; (c) in relation to a right conferred by (i) Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, (ii) Chapter 6 of Part 2A of that Act so far as relating to Part 1 of Schedule A1 to that Act, or (iii) section 47I of that Act, includes (where it would not otherwise do so) an agency worker within the meaning of Part 2A of that Act (see section 27BV of that Act).'""

91

Schedule 2, page 178, line 29, before second “in” insert- "1B (1) Section 16 (power to provide for recoupment of benefits) is amended as follows. (2) In subsection (1), after paragraph (d) insert- "(da) payments under section 27BP(1) of, or paragraph 21(1) of Schedule A1 to, the Employment Rights Act 1996,”. (3) At the end insert— "(7) In the application of this section to payments which are the subject of proceedings under Chapter 2, 3 or 4 of Part 2A of the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Chapter 2 of that Part, and which are compensation for loss of wages (see subsection (1)(a)) – (a) references to an employer are to be read as if they were references to an employer within the meaning of the relevant Chapter of that Part; (b) references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part. (8) In the application of this section to payments which are the subject of proceedings under Part 1, 2 or 3 of Schedule A1 to the Employment Rights Act 1996, or Chapter 6 of Part 2A of that Act so far as relating to Part 1 of that Schedule, and which are compensation for loss of wages (see subsection (1)(a)) – (a) references to an employer are to be read as if they were references to a hirer or (as the case may be) a work-finding agency within the meaning of the relevant Part of that Schedule; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act. (9) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47H of that Act- (a) references to an employer are to be read as if they were references to an employer within the meaning of that section; (b) references to an employee are to be read as if they were references to a worker within the meaning of that section. (10) In the application of this section to payments under Part 5 of the Employment Rights Act 1996 (see subsection (1)(c)(i)) by virtue of section 47I of that Act- (a) references to an employer are to be read as if they were references to a relevant person within the meaning of that section; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of Part 2A of that Act. (11) In the application of this section to payments under section 27BP(1) of the Employment Rights Act 1996 (see subsection (1)(da)) — (a) references to an employer are to be read as if they were references to an employer within the meaning of Chapter 4 of Part 2A of that Act; (b) references to an employee are to be read as if they were references to a worker within the meaning of that Chapter. (12) In the application of this section to payments under paragraph 21(1) of Schedule A1 to the Employment Rights Act 1996 (see subsection (1)(da)) - (a) references to an employer are to be read as if they were references to a work-finding agency within the meaning of Part 2A of that Act; (b) references to an employee are to be read as if they were references to an agency worker within the meaning of that Part.””

92

Schedule 2, page 180, line 3, at end insert “(whether or not the worker referred to the possibility of bringing such proceedings)”

93

Schedule 2, page 180, leave out lines 7 to 18 and insert - “(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance."

94

Schedule 2, page 181, line 25, at end insert “(whether or not the agency worker referred to the possibility of bringing such proceedings)”

95

Schedule 2, page 181, leave out lines 30 to 44 and insert- "(3) It is immaterial for the purposes of subsection (1)(d) or (e) whether or not the proceedings were, or would have been, well-founded provided that the agency worker acted in good faith in bringing the proceedings or alleging the existence of the circumstance."

96

Schedule 2, page 184, line 26, leave out “or (5)” and insert “, (5) or (7)(b) or 27BY(5)”

97

Schedule 2, page 184, line 28, at end insert “(whether or not the employee referred to the possibility of bringing such proceedings)”

98

Schedule 2, page 184, leave out lines 31 to 37 and insert- "(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance."

99

Schedule 2, page 185, line 31, at end insert “(whether or not the employee referred to the possibility of bringing such proceedings)"

100

Schedule 2, page 185, leave out lines 34 to 39 and insert- "(4) It is immaterial for the purposes of subsection (3) whether or not the proceedings were, or would have been, well-founded provided that the employee acted in good faith in bringing the proceedings or alleging the existence of the circumstance."

101

Schedule 2, page 187, line 8, at end insert – "13A In section 184 (debts to which Part 12 of the Act (insolvency of employers) applies), in subsection (2), before paragraph (a) insert- "(za) a payment under section 27BP(1) or paragraph 21(1) of Schedule A1,".

102

Schedule 2, page 187, line 8, at end insert - "13A In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB". 13B (1) Section 194 (House of Lords staff) is amended as follows. (2) After subsection (2)(a) insert - “(aza) Part 2A, apart from Chapter 1 of that Part,”. (3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”. 13C(1) Section 195 (House of Commons staff) is amended as follows. (2) After subsection (2)(a) insert – “(aza) Part 2A, apart from Chapter 1 of that Part,”. (3) In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.

103

Schedule 2, page 187, line 8, at end insert- "13A (1) Section 202 (national security restrictions on disclosure of information) is amended as follows. (2) In subsection (2), after paragraph (a) insert- "(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),". (3) In subsection (2)(b), for “and 47C” substitute “, 47C, 47H and 47I”. - (4) In subsection (2)(g)(i) – (a) for "or 103” substitute “, 103, 104BA or 104BB"; (b) after "application” insert “in relation to rights conferred by Chapters 2 to 6 of Part 2A (including Schedule A1) or”. (5) In subsection (2)(g)(ii), for “or (6)” substitute “, (6), (7BZA) or (7BZB)".

104

Schedule 2, page 187, line 24, at end insert- “14A (1) Section 206 (institution or continuance of tribunal proceedings) is amended as follows. (2) In subsection (2), after paragraph (a) insert- "(aa) Chapters 2 to 6 of Part 2A (including Schedule A1),". (3) After subsection (9) insert- "(10) In the application of this section and section 207 in relation to Chapter 2, 3 or 4 of Part 2A, or Chapter 6 of Part 2A so far as relating to Chapter 2 of that Part, references to an employee are to be read as if they were references to a worker within the meaning of the relevant Chapter of that Part. (11) In the application of this section and section 207 in relation to Chapter 3 or 4 of Part 2A, references to an employer are to be read as if they were"

105

Schedule 2, page 188, line 21, at end insert- “Bankruptcy (Scotland) Act 2016 19 In the Bankruptcy (Scotland) Act 2016 (asp 21), in Schedule 3 (preferred debts), in paragraph 10(2) – (a) before paragraph (a) insert – "(za) a payment under section 27BP(1) of, or paragraph 21(1) of Schedule A1 to, the Employment Rights Act 1996 (payment for a cancelled, moved or curtailed shift),"; (b) in paragraph (a), for “the Employment Rights Act 1996" substitute “that Act".

106

Schedule 3, page 188, line 25, leave out paragraphs 1 and 2 and insert- 1 Section 108 of the Employment Rights Act 1996 (qualifying period of employment) is amended as follows – (a) in subsection (1) omit “two years” and insert “six months”;

107

Schedule 3, page 190, line 26, after “employment” insert “beginning with the day after the employee has been continuously employed for the period set out in section 108(1) of the Employment Rights Act 1996"

108

Schedule 3, page 190, line 30, leave out “on or before the last day of” and insert “during”

109

Schedule 3, page 191, line 31, leave out from beginning to end of line 2 on page 192

110

Schedule 3, page 192, line 10, leave out paragraphs (b) and (c)

111

Schedule 3, page 192, line 20, after “occurs” insert “before the employee has been continuously employed for the period set out in section 108(1) or"

112

Schedule 3, page 192, line 26, leave out “for “she has been continuously employed for any period" substitute “the” and insert “after “any period” insert “or the”

113

Schedule 3, page 192, line 29, leave out “for “he has been continuously employed for any period" substitute “the” and insert “after “any period” insert “or the”

114

Schedule 3, page 192, line 32, leave out sub-paragraphs (3) and (4)

115

Schedule 3, page 192, line 39, leave out sub-paragraphs (6) to (10)

116

Schedule 3, page 193, line 12, leave out paragraph 7

117

Schedule 3, page 193, line 22, leave out sub-paragraph (2)

118

Schedule 3, page 193, line 38, leave out paragraphs (b) to (d)

119

Schedule 3, page 194, line 1, leave out paragraph 11

120

Schedule 3, page 194, leave out lines 11 to 22

121

Schedule 4, page 195, line 18, at end insert- “(3) The SSSNB must not restrict employers from introducing innovative or improved terms and conditions of employment beyond the national framework, provided that such terms meet or exceed any minimum standards set by the SSSNB.”

122

Schedule 4, page 201, line 17, at end insert – “(6) Subsections (2) to (5) — (a) do not apply in relation to a term or condition of a person's employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the person's detriment; (b) do not prevent the terms and conditions of a person's employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections."

123

Schedule 4, page 201, line 29, after “apply” insert “(but see subsection (8))”

124

Schedule 4, page 202, line 4, at end insert- "(8) Subsections (4) to (7) - (a) do not apply in relation to a term or condition of a person's employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the person's detriment; (b) do not prevent the terms and conditions of a person's employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.”

125

Schedule 4, page 202, leave out lines 8 to 14

126

Schedule 4, page 202, line 22, leave out “(7)” and insert “(8)”

127

Schedule 6, page 218, line 17, at end insert – "ЗА After paragraph 13 insert- "13A (1) This paragraph applies if - (a) the CAC has received an application under paragraph 11 or 12, and (b) it has given notice to the employer under paragraph 13 of receipt of the application. (2) The employer must comply with the following duties (so far as it is reasonable to expect the employer to do so). (3) The duties are – (a) to give to the CAC, within the relevant period, the specified information in relation to each of the relevant workers; (b) if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the CAC, to give to the CAC, within the relevant period, the specified information in relation to each of those who are now the relevant workers; (c) to take reasonable steps to ensure the information given to the CAC under paragraph (a) or (b) does not include any information relating to an individual who is not a relevant worker; (d) to inform the CAC, as soon as reasonably practicable, of any worker in relation to whom information has been given to the CAC under paragraph (a) or (b) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)). (4) The relevant period is – (a) in the case of the duty in sub-paragraph (3)(a) – (i) the period of 5 working days starting with the day after that on which notice was given to the employer of receipt of the application, or (ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension; (b) in the case of the duty in sub-paragraph (3)(b) – (i) the period of 5 working days starting with the day after that on which the bargaining unit is agreed or the CAC's decision is notified to the employer, or (ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. (5) The specified information, in relation to a relevant worker, is – (a) the worker's name;"

128

Schedule 6, page 219, line 8, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute “13B(6), 19F(5),”

129

Schedule 6, page 219, line 12, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute "13B(6), 19F(5),”

130

Schedule 6, page 219, line 22, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute "13B(6), 19F(5),”

131

Schedule 6, page 220, line 21, after “paragraph” insert “13B(6),”

132

Schedule 6, page 220, line 35, leave out from “(6)” to end of line 37 and insert “- (a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 15(5) that the application is accepted, or (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.”

133

Schedule 6, page 225, line 29, after “paragraph” insert “13B(6),”

134

Schedule 6, page 226, line 35, after “paragraph” insert “13B(6),”

135

Schedule 6, page 227, line 15, after “paragraph” insert “13B(6),”

136

Schedule 6, page 227, line 41, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute "13B(6), 19F(5),”

137

Schedule 6, page 228, line 12, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute "13B(6), 19F(5),”

138

Schedule 6, page 232, line 36, leave out “after “19F(5),” insert” and insert “for “19F(5),” substitute "13B(6), 19F(5),”

139

Schedule 6, page 232, line 41, at end insert — "21A In paragraph 39 (admissibility of applications: same bargaining unit), in sub-paragraph (5), after “40” insert “, 40A”."

140

Schedule 6, page 234, line 30, leave out “after “19F(5),” insert” and insert “for “19F(5),” substitute

141

Schedule 6, page 234, line 35, at end insert- "27A In paragraph 47 (validity of applications: same bargaining unit), in sub-paragraph (3), after “48” insert “, 48A”."

142

Schedule 6, page 235, line 24, leave out “after “19F(5)” insert “,” and insert “for “19F(5)” substitute "13B(6), 19F(5),”

143

Schedule 6, page 235, line 27, at end insert – “Changes relevant to appropriateness of bargaining unit 32A(1) Paragraph 67 (admissibility of applications: employer or union believes bargaining unit no longer appropriate) is amended as follows. (2) In sub-paragraph (2)(c), at the end insert “(but see sub-paragraph (3)).” (3) After sub-paragraph (2) insert – "(3) In a case where the application was received by the CAC before the end of the period of three years starting with the day on which the declaration referred to in paragraph 64(1)(a) was issued, the CAC must disregard the matter specified in sub-paragraph (2)(c).” 32B (1) Paragraph 70 (determination of bargaining unit by CAC) is amended as follows. (2) In sub-paragraph (3)(c), at the end insert “(but see sub-paragraph (3A)).”

144

Schedule 6, page 237, line 2, leave out from “(6)” to end of line 4 and insert “. (a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 68(5) or 76(5) that the application is accepted, or (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.”

145

Schedule 6, page 243, leave out lines 19 and 20 and insert- "(iii) if the CAC informs the union (or unions) under paragraph 25(9) (where it applies by virtue of paragraph 89(4)) of any ballot arising from the application, the CAC acting under paragraph 29 (where it applies by virtue of paragraph 89(5)) in relation to the ballot.”

146

Schedule 6, page 244, line 2, leave out from “89(1),” to “and” in line 4

147

Schedule 6, page 246, line 25, leave out “116E(4),” and insert “116E(4)(a),”

148

Schedule 6, page 247, line 2, leave out from “(6)” to end of line 4 and insert “ — (a) the period of 20 working days starting with the day after the day on which the CAC gives the union (or unions) notice under paragraph 111(5) or 115(5) that the application is accepted, or (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.”

149

Schedule 6, page 249, line 32, leave out from “employer,” to end of line 34 and insert “the CAC may - (a) refuse the employer's application under paragraph 106 or 107; (b) order the employer to refrain from any campaigning in relation to an application under paragraph 112."

150

Schedule 6, page 249, line 38, at end insert- "116EA (1) This paragraph applies if the CAC has made an order under paragraph 116E(4)(b) in relation to an application under paragraph 112. (2) The worker making the application (or each of the workers making the application) and the union (or each of the unions) are entitled to enforce obedience to the order. (3) The order may be enforced - (a) in England and Wales, in the same way as an order of the county court; (b) in Scotland, in the same way as an order of the sheriff.”

151

Schedule 6, page 251, line 29, leave out “116E(4),” and insert “116E(4)(a),”

152

Schedule 6, page 252, line 28, leave out “116E(4),” and insert “116E(4)(a),”

153

Schedule 6, page 253, line 9, leave out “116E(4),” and insert “116E(4)(a),”

154

Schedule 6, page 257, line 17, leave out “after “19F(5),” insert” and insert “for “19F(5),” substitute "13B(6), 19F(5),”

155

Schedule 6, page 257, line 21, leave out “after “19F(5),” insert” and insert “for “19F(5),” substitute "13B(6), 19F(5),”

156

Schedule 6, page 257, line 35, leave out “reference in paragraph 116A(3)" and insert “references in paragraphs 116A(3) and 116B(3)(a)”

157

Schedule 6, page 257, line 37, leave out “116E(4)” and insert “116E(4)(a)”

158

Schedule 6, page 258, line 24, leave out “116E” and insert “116EA”

159

Schedule 6, page 258, line 31, leave out “reference in paragraph 116A(4)(b)” and insert “references in paragraphs 116A(4)(b), 116E(4)(b) and 116EA(1)”

160

Schedule 6, page 258, line 33, leave out “reference in paragraph 116A(3)" and insert "references in paragraphs 116A(3) and 116B(3)(a)”

161

Schedule 7, page 262, line 32, leave out “or a person seeking work”

162

Schedule 7, page 263, line 3, leave out “or a person seeking work”

163

Schedule 9, page 268, line 3, at end insert - "The Security Industry Authority."

164

Schedule 10, page 272, line 35, leave out “that subsection” and insert “subsection (3)”

165

Schedule 10, page 283, line 20, at end insert - "(ga) Schedule 1;”

166

Schedule 10, page 283, line 22, leave out “9, 11,”

167

Schedule 11, page 290, line 19, at end insert - "(2) Any reference in section 134 to HMRC information includes a reference to any information mentioned in sub-paragraph (1)(a) or (d) which- (a) was disclosed to the Director of Labour Market Enforcement or a person falling within paragraph (a), (d), (e), (f) or (g) of paragraph 6(4) by the Commissioners for His Majesty's Revenue and Customs or a person acting on behalf of the Commissioners, and (b) was not obtained by an officer in the course of acting for the purposes of the National Minimum Wage Act 1998 or by virtue of section 26(2) of the Immigration Act 2016."

168

Schedule 11, page 291, line 31, leave out “23” and insert “24”

169

Schedule 12, page 298, line 17, at end insert - “Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 13A In the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (S.I. 2006/349) (employment rights and protections in connection with consultation), in paragraph 4(2) — (a) in paragraph (a), for “three” substitute “six”; (b) in paragraph (b), for “three” substitute “six”."

Clause 162, page 163, line 37, leave out paragraph (b)

147A

Clause 62, page 92, line 20, at beginning insert “negotiating or”

150AA

Clause 73, page 99, line 10, at beginning insert “Subject to subsection (3A)”

<p>This amendment and another in the name of Lord Sharpe of Epsom seeks to create an absolute defence for employers who can demonstrate that any adverse measure taken against a worker during or immediately after lawful industrial action was strictly required to keep the business operating.</p>

149ZA

Clause 71, page 98, leave out lines 25 and 26 and insert—<br> “(b) ending with the tenth day before the starting date, save (and to the extent that) the notice relates to industrial action against an employer that is subject to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (as retained); in which case the appropriate period shall end with the 14th day before the starting date.<br> (4A) In subsection (4), “starting date” means the day, or the first of the days, specified in the relevant notice.”

<p>This amendment ensures alignment of obligations for UK businesses that are subject to Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (as retained) to provide compensation when cancelling flights with fewer than 14 days’ notice in circumstances that are not “extraordinary”. Such circumstances include airline employees taking industrial action having given the required period of statutory notice, so this amendment retains the notice period of fourteen days in this situation.</p>

150A

After Clause 72, insert the following new Clause—<br> <b>“Review of impact on picketing</b><br> (1) The Secretary of State must, within 12 months of the day on which this Act is passed, lay before Parliament a report assessing the impact of the repeal of section 220A of the Trade Union and Labour Relations (Consolidation) Act 1992 (union supervision of picketing).<br> (2) The report must assess whether the removal of supervision requirements has had any material effect on—<br> (a) the conduct and safety of picketing;<br> (b) the number of legal challenges brought under section 219 (protection from certain tort liabilities);<br> (c) public order and employer relations.”

<p>This Clause would require the Government to report to Parliament on the effects of repealing section 220A of the Trade Union and Labour Relations (Consolidation) Act 1992, which set out statutory supervision requirements for picketing. The review will assess whether the removal of these safeguards has had any measurable impact on the conduct of picketing, legal disputes under section 219, or broader public order and industrial relations.</p>

150B

Clause 73, page 99, line 23, at end insert—<br> “(3A) No act or deliberate failure to act by an employer shall be treated as a detriment where the employer shows that the act or failure was reasonably necessary for the maintenance of business continuity during or immediately following the industrial action in question.”

<p>This new subsection creates an absolute defence for employers who can demonstrate that any adverse measure taken against a worker during or immediately after lawful industrial action was strictly required to keep the business operating.</p>

184A

After Clause 150, insert the following new Clause—<br> <b>“Impact of proposed changes to employment status definitions</b><br> (1) The Secretary of State must, within 12 months of the day on which this Act is passed, publish a report assessing the potential impact of any future proposed changes to employment status definitions arising from this Act on—<br> (a) the autonomy and earnings of self-employed individuals;<br> (b) the ability to work flexibly across multiple platforms;<br> (c) regional labour markets;<br> (d) entrepreneurship;<br> (e) platform investment;<br> (f) parent workers and others with non-standard work-life needs.<br> (2) In subsection (1), “platform” means a digital or online service that connects individuals offering services or labour with those seeking to purchase such services or labour.<br> (3) Before the Government proposes reform to the definition of employment status arising from this Act, it must first—<br> (a) publish a draft proposal,<br> (b) launch a public consultation lasting no fewer than 12 weeks, and<br> (c) ensure the consultation includes responses from self-employed workers, platform operators, small and medium-sized enterprises, unions, and relevant sector regulators.<br> (4) The Secretary of State must publish a response to the consultation within three months of its closure and before presenting final legislative proposals, if any, to Parliament.<br> (5) Any such legislative proposals must be accompanied by a detailed impact assessment.”

<p>This new clause requires the Secretary of State to publish a report within 12 months assessing the potential effects of any future changes to employment status definitions, particularly on self-employed workers.</p>

184B

After Clause 150, insert the following new Clause—<br> <b>“Review of the impact of high temperatures on workplace health and safety</b><br> Within 12 months of the day on which this Act is passed, the Secretary of State must publish a review of the impact of increasing temperatures on workplace health and safety.”

<p>This amendment seeks to ensure the Government is considering the impact of increasing temperatures due to climate change on the safety and health of workers.</p>

149A

Leave out Clause 72

127A

After Clause 54, insert the following new Clause—<br> <b>“Review of the extent and impact of pay inequality</b><br> (1) The Secretary of State must conduct a review of the extent and impact of pay inequality, with particular regard to the highest level of pay in comparison with the median and lowest pay in an enterprise, in large enterprises.<br> (2) The review must be carried out no later than 12 months after the day on which this Act is passed.<br> (3) The Secretary of State must publish the findings of the review within three months of its completion.<br> (4) Large enterprises are those exceeding the medium-sized companies threshold under the Companies Act 2006.”

<p>This new clause requires the Secretary of State to conduct and publish a review of the impact of pay inequality in large enterprises.</p>

111B

Schedule 4, page 201, line 18, at end insert—<br> “(3) The SSSNB must not restrict employers from introducing innovative or improved terms and conditions of employment beyond the national framework, provided that such terms meet or exceed any minimum standards set by the SSSNB.”

<p>This amendment prevents the SSSNB from blocking employers who wish to adopt new or improved employment terms and conditions.</p>

152A

Leave out Clause 77

152B

Leave out Clause 78

158A

Clause 149, page 149, line 32, at end insert “and provides for the early conciliation period to be extended from six weeks to three months”.

<p>This amendment will ensure that the early conciliation period is proportionate to the extended limitation period for tribunal claims. This is necessary to promote the early resolution of claims and to clearly convey that, from a policy standpoint, there is active support for avoiding litigation.</p>

111ZA

After Clause 34, insert the following new Clause—<br> <b>“Workplace AI risk and impact assessments</b><br> (1) Before implementing or developing an AI system which may have significant risks or impacts on employment rights and conditions in the workplace, an employer must conduct a workplace AI risk and impact assessment (a “WAIRIA”)<br> (2) A WAIRIA must be conducted under this section if there is a potential significant risk or impact on—<br> (a) the identification or exercise of rights;<br> (b) recruitment;<br> (c) work access or allocation;<br> (d) remuneration or benefits;<br> (e) contractual status, terms or conditions;<br> (f) mental, physical or psychosocial health.<br> (3) A WAIRIA conducted under subsection (1) must—<br> (a) document the intended purpose and functionality of the AI system;<br> (b) establish a process for undertaking the monitoring of significant risks and impacts;<br> (c) document the definitions, metrics and methods selected for the WAIRIA;<br> (4) Employers must review and update the WAIRIA—<br> (a) at least once every 12 months,<br> (b) whenever substantial changes are made to the AI system to which it relates, or<br> (c) when evidence emerges of unforeseen significant risks or impacts.<br> (5) The Secretary of State must require any Fair Work Agency to issue guidance on the conduct disclosure and enforcement of WAIRIAs within 6 months of this section coming into force.”

122A

After Clause 53, insert the following new Clause—<br> <b>“Statutory rights of GB-linked ships’ crews</b><br> (1) The members of the crew of a GB-linked ship shall be entitled to the statutory rights to which employees in the UK are entitled under statute.<br> (2) In this section, “GB-linked ship” means a ship providing a service—<br> (a) for the carriage of persons or goods, with or without vehicles, and<br> (b) that is within subsection (3) or (4).<br> (3) A service is within this subsection if it is operated between a place in Great Britain and another place in the United Kingdom.<br> (4) A service is within this subsection if—<br> (a) ships providing the service entered a harbour in Great Britain on at least 120 occasions in the period of 12 months ending with the day on which one or more of the statutory rights referred to in subsection (1) is claimed, or<br> (b) 15 if the service has been provided for less than 12 months before that day, ships providing the service entered a harbour in Great Britain on at least 10 occasions in each month for which the service has been provided.<br> (5) But a service is not within subsection (4) if the service—<br> (a) is for the purpose of leisure or recreation, or<br> (b) is provided by a fishing vessel.<br> (6) In this section—<br> “harbour” has the same meaning as in the Harbours Act 1964;<br> “ship” has the same meaning as in section 193A of the Trade Union and Labour Relations (Consolidation) Act 1992 (see subsection (4) of that section).”

<p>This new clause is intended to extend entitlement of the rights of GB-linked ships’ crews from the right to collective redundancy notification in clause 29 to entitlement to all statutory rights enjoyed by UK employees.</p>

158B

Schedule 12, page 309, line 10, at end insert—<br> <i class="text-centre">“Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014</i><br> 20 <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">The Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 is amended as follows:</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In rule 6 paragraph (1), for “six weeks” substitute “three calendar months”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Sub-paragraph (2) does not apply unless the requirement for early conciliation is satisfied in accordance with rule 1 of the Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014.”</span></span>

<p>This amendment is consequential on Amendment 158A which provides for the extension of the early conciliation period.</p>

111A

Schedule 4, page 201, line 3, leave out “For the purposes of this Part,” and insert—<br> “(A1) In the case of staff employed under subsection (3)(b) of section 148C, matters within the SSSNB’s remit are limited to the establishment of a framework to which employers of school support staff must have regard when discharging their functions.<br> (B1) A framework under subsection (A1) must include information on—<br> (a) the remuneration of school support staff,<br> (b) the terms and conditions of employment of school support staff,<br> (c) the training of school support staff,<br> (d) career progression for school support staff, and<br> (e) related matters.<br> (C1) When taking any action related to the matters in subsection (B1), an employer may disregard the framework only in exceptional circumstances.<br> (D1) For the purposes of subsection (C1), the definition of “exceptional circumstances” shall be set out in regulations.<br> (1) In the case of staff employed under subsection (3)(a) of section 148C,”

<p>This amendment would change the matters within the SSSNB’s remit in relation to academy staff, limiting it to the creation of a framework to which academy employers must have regard in all but exceptional circumstances.</p>

116A

Schedule 4, page 210, line 22, at end insert—<br> “(2A) Before making or revising arrangements under sub-paragraph (1), the Secretary of State must publish and lay before Parliament an impact assessment of the costs for the education sector of any proposed arrangements.”

<p>This amendment introduces a requirement for the Secretary of State to undertake an impact assessment of the costs for the education sector before making or changing arrangements related to the School Support Staff Negotiating Body.</p>

116B

Schedule 4, page 211, line 30, at end insert—<br> “(1A) The report must include an assessment of the increased costs to the education sector of any pay and conditions agreements made in that reporting year.”

<p>This amendment requires the annual reports of the School Support Staff Negotiating Body to include the cost of pay and conditions agreements.</p>

105

After Clause 26, insert the following new Clause—<br> <b>“Definition of seasonal work</b><br> (1) In making regulations under Part 1 of this Act, the Secretary of State must have regard to the specific characteristics and requirements of seasonal work as defined in subsection (2).<br> (2) “Seasonal work” means work that—<br> (a) is performed during a particular period or periods of the year,<br> (b) recurs substantially in the same periods each year,<br> (c) is directly linked to a predictable and temporary increase in demand for labour during those periods,<br> (d) includes work in sectors where such patterns are common, including but not limited to—<br> (i) agriculture and horticulture,<br> (ii) the creative industries, including theatre and live performance,<br> (iii) retail,<br> (iv) hospitality, and<br> (v) tourism and events, and<br> (e) is entered into for a fixed duration not exceeding 26 weeks to meet the temporary demand.”

<p>This amendment introduces a baseline definition of “seasonal work” to clarify its recurring and time-limited nature for the purposes of the Act.</p>

106

After Clause 26, insert the following new Clause—<br> <b>“Consultation on Part 1</b><br> (1) The Secretary of State must initiate a consultation on the effects of the provisions in Part 1 of this Act.<br> (2) As part of the consultation under subsection (1), the Secretary of State must ensure that views are specifically sought from at least 500 small and medium-sized enterprises (SMEs).<br> (3) The Secretary of State must lay before each House of Parliament, within 18 weeks of the initiation referred to in subsection (1), a report on the outcome of that consultation, including a summary of responses received from SMEs.”

<p>This amendment requires the Secretary of State to undertake a consultation on the effects of the provisions in Part 1 and to ensure that at least 500 small and medium-sized enterprises (SMEs) are consulted as part of that process.</p>

107

After Clause 26, insert the following new Clause—<br> <b>“Exemptions for individuals employed by a farm business</b><br> (1) Sections 1 to 13, 23, and 26 of this Act do not apply to employment by a farm business.<br> (2) For the purposes of this section—<br> “farm business” means any business, undertaking or activity carried on wholly or mainly for the purposes of agriculture, horticulture or forestry, and includes—<br> (a) the growing of crops, including cereals, fruits, vegetables and flowers;<br> (b) the rearing or fattening of livestock or poultry;<br> (c) dairy farming;<br> (d) the management of woodlands where ancillary to agricultural operations;<br> (e) land used for grazing, mowing or market gardening;<br> (f) any business conducted on land that is occupied under a farm business tenancy within the meaning of section 1 of the Agricultural Tenancies Act 1995 or section 109(3) of the Agriculture Act 1947.”

<p>This amendment exempts all individuals employed by a farm business from the application of Sections 1 to 13, 23, and 26 of the Act.</p>

108

Clause 27, page 48, line 13, at end insert—<br> “(A2) Subsection (A1)(a) shall not apply where the employer is undergoing relevant insolvency proceedings.<br> (A3) Where the employer is undergoing relevant insolvency proceedings, the duty to consult under this section shall not arise.<br> (A4) For the purposes of this section, “relevant insolvency proceedings” means any formal insolvency process under the supervision of an insolvency practitioner, including but not limited to—<br> (a) administration;<br> (b) administrative receivership;<br> (c) Company Voluntary Arrangement (CVA);<br> (d) Creditors’ Voluntary Liquidation (CVL);<br> (e) compulsory liquidation.”

<p>This amendment ensures that employers undergoing formal insolvency proceedings under the supervision of an insolvency practitioner are not subject to the collective consultation duties ordinarily required under subsection (A1)(a).</p>

109

Clause 27, page 49, leave out lines 16 to 20 and insert—<br> “(b) at least 21 days before the first of the dismissals takes effect, regardless of the number of employees proposed to be dismissed.”

<p>This amendment reduces the minimum period of advance notice that an employer must give to the Secretary of State before making collective redundancies, changing it from 30 or 45 days (depending on the number of redundancies) to 21 days.</p>

147

Leave out Clause 59

<p>This amendment would retain the 2016 cross-party compromise (agreed by the House without a division) whereby new members of a union contribute to the political fund only if they have actively chosen to do so. That compromise was based on the conclusions of the Trade Union Political Funds and Political Party Funding Committee.</p>

153

After Clause 86, insert the following new Clause—<br> <b>“Consultation on trade union legislation</b><br> (1) The Secretary of State must initiate a consultation on the effects of the provisions in Part 4 of this Act.<br> (2) As part of the consultation under subsection (1), the Secretary of State must ensure that views are specifically sought from at least 500 small and medium-sized enterprises (SMEs).<br> (3) The Secretary of State must lay before each House of Parliament, within 18 weeks of the initiation referred to in subsection (1), a report on the outcome of that consultation, including a summary of responses received from SMEs.”

<p>This amendment requires the Secretary of State to undertake a consultation on the operation of trade union legislation and to ensure that at least 500 small and medium-sized enterprises (SMEs) are consulted as part of that process.</p>

155

After Clause 140, insert the following new Clause—<br> <b>“Consultation on labour market enforcement strategy</b><br> (1) The Secretary of State must initiate a consultation on the effects of the provisions in Part 5 of this Act.<br> (2) As part of the consultation under subsection (1), the Secretary of State must ensure that views are specifically sought from at least 500 small and medium-sized enterprises (SMEs).<br> (3) The Secretary of State must lay before each House of Parliament, within 18 weeks of the initiation referred to in subsection (1), a report on the outcome of that consultation, including a summary of responses received from SMEs.”

<p>This amendment requires the Secretary of State to undertake a consultation on the effects of the provisions in Part 5 of the Act and to ensure that at least 500 small and medium-sized enterprises (SMEs) are consulted as part of that process.</p>

181

After Clause 150, insert the following new Clause—<br> <b>“Consideration of apprenticeships in consultations</b><br> (1) In any consultation related to provisions in this Act, the Secretary of State must ensure that due consideration is explicitly given to the impact of such provisions on apprenticeships, specifically in relation to recruitment of young people by small and medium sized businesses.<br> (2) For the purposes of this section, “small or medium-sized business” has the meaning given in section 7 of the Small Business, Enterprise and Employment Act 2015.”

<p>This amendment seeks to ensure that the Secretary of State gives due consideration to the impact on apprenticeships in any consultation carried out in relation to provisions in this Act, such as the consultations proposed in the implementation roadmap: “Implementing the Employment Rights Bill: our roadmap to deliver change”, published in July 2025.</p>

182

After Clause 150, insert the following new Clause—<br> <b>“Report: impact of this Act on apprenticeship recruitment</b><br> (1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a report summarising the likely impact of the provisions in this Act on apprenticeship recruitment.<br> (2) The report under subsection (1) must use information gathered in consultations carried out before this Act comes into force.<br> (3) The Secretary of State must lay the report under subsection (1) before Parliament.”

<p>This amendment would require the Secretary of State to publish a report summarising the likely impact of the provisions in this Act on apprenticeship recruitment. The report must pull together information gathered in consultations carried out before the Act comes into force, such as consultations under the implementation roadmap: “Implementing the Employment Rights Bill: our roadmap to deliver change”, published in July 2025.</p>

183

After Clause 150, insert the following new Clause—<br> <b>“Rights of dependent contractors</b><br> After section 201 of the Employment Rights Act 1996 (Power to extend employment legislation to offshore employment), insert—<br> <b>“201A</b> <b>Rights of dependent contractors</b><br> (1) A dependent contractor is an individual who—<br> (a) accepts responsibility for the performance of work or services under a contract that is not a contract of employment,<br> (b) such work or services are provided solely or substantially to a single entity that contracts for the supply to it of the same, and<br> (c) such contracting entity is not, by virtue of the contract, a client or customer of any profession or business undertaking carried on by the individual.<br> (2) A dependent contractor, as defined in subsection (1), must be entitled to the following statutory rights—<br> (a) payment at or above the National Minimum Wage for all tasks performed,<br> (b) paid annual leave and shall be subject to the record-keeping duties as outlined for employees in this Act,<br> (c) pension auto-enrolment,<br> (d) protection from unlawful deductions from pay, and<br> (e) protection against discrimination under applicable equality legislation.<br> (3) Any entity contracting with a dependent contractor for the supply or work or services to it must—<br> (a) put in place an insurance backed payment protection scheme that is wholly subsidised by that contracting entity and meets the criteria proscribed by Regulation to the benefit of the dependant contractor, and<br> (b) allow the dependant contractor to temporarily cease provision of the services for any period that mirrors that taken by employees under statutory rights in respect of maternity or paternity leave or bereavement leave.<br> (4) The payment protection insurance referred to in subsection (3)(a) above will apply during any such cessation of services.<br> (5) Dependent contractors, as defined in subsection (1), are not entitled to—<br> (a) statutory redundancy pay;<br> (b) minimum notice periods for termination unless otherwise specified in their contract.<br> (6) The Secretary of State may by regulations make further provision in respect of the rights and obligations of dependent contractors, including defining qualifying periods for certain rights.””

<p>This amendment establishes a category of "dependent contractor" and sets out core statutory rights and protections for individuals who provide services predominantly to a single entity but are not classed as employees.</p>

184

After Clause 150, insert the following new Clause—<br> <b>“Consultation on Part 6</b><br> (1) The Secretary of State must initiate a consultation on the effects of the provisions in Part 6 of this Act.<br> (2) As part of the consultation under subsection (1), the Secretary of State must ensure that views are specifically sought from at least 500 small and medium-sized enterprises (SMEs).<br> (3) The Secretary of State must lay before each House of Parliament, within 18 weeks of the initiation referred to in subsection (1), a report on the outcome of that consultation, including a summary of responses received from SMEs.”

<p>This amendment requires the Secretary of State to undertake a consultation on the provisions in Part 6 of this Act and to ensure that at least 500 small and medium-sized enterprises (SMEs) are consulted as part of that process.</p>

185

Clause 156, page 152, line 32, leave out paragraph (a)

<p>This amendment is consequential on other amendments in the name of Lord Sharpe of Epsom and Lord Leigh of Hurley related to the commencement of Part 4.</p>

187

Clause 156, page 152, line 34, leave out subsection (2) and insert—<br> “(2) No provision of Part 4 of this Act may be brought into force in accordance with subsection (3) until the report referred to in section <i>(Consultation on trade union legislation)</i> has been published.”

<p>This amendment removes provisions to bring much of Part 4 of the Bill into force two months after the passing of the Act and makes commencement of Part 4 conditional upon the publication of a report arising from consultation.</p>

188

Clause 156, page 152, line 34, leave out subsection (2) and insert—<br> “(2) No provision of Part 4 of this Act may be brought into force before 1 January 2029.”

<p>This amendment delays the commencement of Part 4 until 1 January 2029.</p>

128

Clause 55, page 75, line 23, at end insert—<br> “(8) The provisions inserted by this section do not apply to small businesses.<br> (9) For the purposes of subsection (8), a “small business” means an undertaking which employs fewer than 50 employees.”

189

Clause 156, page 153, line 23, at end insert—<br> “(2A) No provision of Part 1 of this Act may be brought into force in accordance with subsection (3) until the report referred to in section (<i>Consultation on Part 1</i>) has been published.”

<p>This amendment makes commencement of Part 1 conditional upon the publication of a report arising from consultation.</p>

190

Clause 156, page 153, line 23, at end insert—<br> “(2A) No provision of Part 5 of this Act may be brought into force under subsection (3) until the report referred to in section <i>(Consultation on labour market enforcement strategy)</i> has been published.”

<p>This amendment makes commencement of Part 5 conditional upon the publication of a report arising from consultation.</p>

130

Clause 56, page 77, line 2, at end insert—<br> “(3A) An access request under subsection (1) must specify a date or dates for the proposed access that are at least two working days after the day the request is given to the employer.”

<p>This amendment requires unions to provide a minimum of two working days’ notice before entering a workplace under a right of entry provision.</p>

191

Clause 156, page 153, line 23, at end insert—<br> “(2A) No provision of Part 6 of this Act may be brought into force under subsection (3) until the report referred to in section <i>(Consultation on Part 6) </i>has been published.”

<p>This amendment makes commencement of Part 6 conditional upon the publication of a report arising from consultation.</p>

192

Clause 156, page 153, line 23, at end insert—<br> “(2A) Sections 1, 9, 26 and 27 may not be brought into force before 1 January 2029.”

<p>This amendment prevents clauses 1, 9, 26 and 27 of the Bill from coming into force until 1 January 2029.</p>

47

After Clause 22, insert the following new Clause—<br> <b>“Duty to prevent violence and harassment in the workplace</b><br> (1) Section 2 of the Health and Safety at Work etc. Act 1974 (general duties of employers to their employees) is amended as follows.<br> (2) After subsection (2)(e) insert—<br> “(f) the adoption of proactive and preventative measures to protect all persons working in their workplace from violence and harassment, including—<br> (i) gender-based violence;<br> (ii) sexual harassment;<br> (iii) psychological and emotional abuse;<br> (iv) physical and sexual abuse;<br> (v) stalking and harassment, including online harassment;<br> (vi) threats of violence.”.<br> (3) After subsection (3) insert—<br> “(3A) It shall be the duty of every employer to prepare, and as often as may be appropriate revise, an assessment to identify potential risks of violence and harassment in the workplace and implement policies and procedures to eliminate these risks so far as is reasonably practicable.<br> (3B) It shall be the duty of every employer to provide training to all employees on recognising and preventing violence and harassment in the workplace, with a focus on gender-responsive approaches.<br> (3C) In subsection (3B) a “gender-responsive approach” means taking into account the various needs, interests, and experiences of people of different gender identities, including women and girls, when designing and implementing policies and procedures.<br> (3D) In this section, “persons working in the workplace” includes—<br> (a) employees,<br> (b) full-time, part-time, and temporary workers, and<br> (c) interns and apprentices.<br> (3E) In subsection (2)(f) and subsections (3A) and (3B), a reference to the workplace includes remote and hybrid work environments.”.”

<p>This new clause would amend the Health and Safety at Work etc. Act 1974 to place a duty on employers to protect all those working in their workplace from gender-based violence and harassment.</p>

48

After Clause 22, insert the following new Clause—<br> <b>“Expanded duties of the Health and Safety Executive</b><br> In the Health and Safety at Work etc. Act 1974, after section 11 (functions of the Executive) insert—<br> <b>“11ZA</b> <b>Duties of the Executive: health and safety framework on violence and harassment</b><br> (1) It shall be the duty of the Executive to develop, publish and as often as may be appropriate revise a health and safety framework on violence and harassment in the workplace.<br> (2) This framework shall include specific provisions relating to—<br> (a) the prevention of gender-based violence and harassment of those in the workplace including the prevention of physical, emotional, and psychological abuse,<br> (b) the duty of employers to create safe and inclusive workplaces and the preventative measures they must adopt, and<br> (c) the use of monitoring and enforcement mechanisms to ensure compliance with the duty of the employer in relation to violence and harassment (see section 2(2)(f)).<br> (3) The Executive shall work with other relevant bodies, including the Equality and Human Rights Commission and law enforcement agencies, to develop and revise this framework.<br> <b>11ZB</b> <b>Duties of the Executive: guidance for employers</b><br> The Executive shall, in consultation with such other persons as it considers to be relevant, issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace by—<br> (a) implementing workplace policies to prevent violence and harassment,<br> (b) establishing confidential reporting mechanisms to allow victims to report incidents,<br> (c) conducting risk assessments and ensuring compliance with the health and safety framework (see section 11ZA),<br> (d) reporting and addressing incidents of violence and harassment, and<br> (e) supporting victims of violence and harassment, including making accommodations in the workplace to support such victims.””

<p>This new clause would create a duty on the Health and Safety Executive to develop a health and safety framework on violence and harassment and to issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace.</p>

35

Leave out inserted subsection (3A)(b)

41

Leave out paragraph (ga)(ii)

178

[<i>Withdrawn</i>]<br>After Clause 150, insert the following new Clause—<br> <b>“Statement: workers in auction houses</b><br> (1) The Secretary of State must make a statement to Parliament setting out—<br> (a) the application of employment status to workers in the auction houses, in relation to their status as freelancers, sole-traders or self-employed persons,<br> (b) the data collection methods used by the Government to quantify the number of workers in auction houses, including how workers’ earnings are recorded in that sector, particularly where workers may be involved in different forms of work, including freelancing, and<br> (c) whether in their view it is necessary to reform standard occupational categories (SOC) for data recording to reflect the nature of employment more accurately in the sector.<br> (2) The statement under subsection (1) must be made within six months of the day on which this Act is passed.”

<p>This probing amendment seeks to clarify how the Government categorises and collects data on employment practices within auction houses, particularly with respect to freelance and casual workers such as specialists, porters, and technicians. It seeks to highlight the absence of this sector from cultural economic data and the potential limitations of current classification systems.</p>

146

[<i>Withdrawn</i>]<br>Clause 59, page 87, line 33, leave out subsection (2)

<p>Clause 59 would undo the cross-party agreement reached during the passage of the Trade Union Act 2016, which was based on the conclusions of the Trade Union Political Funds and Political Party Funding Committee. This amendment would maintain the overall principle that people joining a union should pay into its political fund only if they have actively opted to do so.</p>

104

After Clause 26, insert the following new Clause—<br> <b>“Statutory carer’s leave pay</b><br> (1) The Social Security Contributions and Benefits Act 1992 is amended as follows.<br> (2) After Part 12ZE insert—<br> “Part 12ZF <br> <b>Statutory carer’s leave pay</b><br> <b>171ZZ25</b> <b>Entitlement</b><br> (1) Any person who satisfies the conditions in subsection (2) and any condition prescribed under subsection (3) is entitled in accordance with the following provisions of this Part to payments to be known as “carer’s leave pay”.<br> (2) The pay conditions are—<br> (a) that the person satisfies prescribed conditions as to carer’s leave;<br> (b) that the person has been in employed earner’s employment with an employer.<br> (3) Regulations may provide that a person is not entitled to pay in respect of carer’s leave unless, at the beginning of that period of leave, the person is in employed earner’s employment with the employer by reference to whom the condition in subsection (2)(b) is satisfied.<br> (4) For the purposes of this Part “carer’s leave” means carer’s leave under section 80J of the Employment Rights Act 1996.<br> <b>171ZZ26</b> <b>Entitlement supplementary</b><br> (1) A person is entitled to payments of statutory carer’s leave pay in respect of any relevant period only if the person gives notice to whoever is liable to make the payments stating the days or half days in respect of which they are to be made.<br> (2) Regulations may provide for the time by which notice under subsection (1) must be given.<br> (3) The notice must be in writing if the person who is liable to pay the statutory carer’s leave pay so requests.<br> (4) Regulations may set out the definition, type and manner of leave to be taken.<br> (5) The Secretary of State may by regulations—<br> (a) provide for amounts earned by a person under separate contracts of service with the same employer to be aggregated for the purposes of section 171ZZ25;<br> (b) provide that—<br> (i) the amount of a person’s earnings for any period, or<br> (ii) the amount of the person’s earnings to be treated as comprised in any payment made to the person for the person’s benefit,<br> <span class="wrapped">is to be calculated or estimated for the purposes of section 171ZZ25 in such a manner and on such a basis as may be prescribed, and that for that purpose payments of a particular class or description made or falling to be made to or by a person shall, to such extent as may be prescribed, be disregarded or, as the case may be, deducted from the amount of a person’s earnings.</span><br> (6) Where an employee is entitled to leave under this section the employee is entitled to leave during any period within 12 months, for which statutory carer’s leave pay is payable.<br> <b>171ZZ27</b> <b>Liability to make payments</b><br> (1) The liability to make payments of statutory carer’s leave pay under section 171ZZ25 is a liability of any person of whom the person entitled to the payments has been an employee as mentioned in subsections (2)(b) and (3) of that section.<br> (2) The Secretary of State must by regulations make provision as to a former employer’s liability to pay statutory carer’s leave pay to a former employee in any case where the employee’s contract of service with the employer has been brought to an end by the employer solely, or mainly, for the purpose of avoiding liability for carer’s leave pay.<br> (3) The Secretary of State may, with the concurrence of the Commissioners for His Majesty’s Revenue and Customs, by regulations specify circumstances in which, notwithstanding this section, liability to make payments of statutory carer’s leave pay is to be a liability of the Commissioners.<br> <b>171ZZ28</b> <b>Rates and periods of pay</b><br> (1) Statutory carer’s leave pay is payable at such a fixed or earnings-related rate as may be prescribed by regulations.<br> (2) The Secretary of State may, by order, amend the fixed or earnings-related rate of pay as prescribed by regulations in subsection (1) above.<br> (3) Statutory carer’s leave pay is payable in respect of—<br> (a) such a day or half day within the qualifying period, or<br> (b) such number of days or half days not exceeding the prescribed number of days or half days,<br> <span class="wrapped">as the person entitled may choose in accordance with regulations.</span><br> (4) Provision under subsection (3)(b) must secure that the prescribed number of days is not less than half a day.<br> (5) Regulations under subsection (3)(b) may permit a person entitled to receive statutory carer’s leave pay to choose to receive such pay in respect of non-consecutive periods.<br> (6) Regulations may make provision where, for any purpose of this Part or of regulations, it is necessary to calculate the daily rate or half-daily rate of statutory carer’s leave pay.<br> <b>171ZZ29</b> <b>Restrictions on contracting out</b><br> (1) An agreement is void to the extent that it purports—<br> (a) to exclude, limit or otherwise modify any provision of this Part, or<br> (b) to require a person to contribute (whether directly or indirectly) towards any costs incurred by that person’s employer or former employer under this Part.<br> (2) An agreement between an employer and an employee authorising any deductions from statutory carer’s leave pay which the employer is liable to pay to the employee in respect of any period is not void by virtue of subsection (1)(a) if the employer—<br> (a) is authorised by that or another agreement to make the same deductions from any contractual remuneration which the employer is liable to pay in respect of the same period, or<br> (b) would be so authorised if the employer were liable to pay contractual remuneration in respect of that period.<br> <b>171ZZ30</b> <b>Relationship with contractual remuneration</b><br> (1) Subject to subsections (2) and (3), any entitlement to statutory carer’s leave pay does not affect any right of a person in relation to remuneration under any contract of service (“contractual remuneration”).<br> (2) Subject to subsection (3)—<br> (a) any contractual remuneration paid to a person by an employer of that person in respect of any period is to go towards discharging any liability of that employer to pay statutory carer’s leave pay to that person in respect of that period, and<br> (b) any statutory carer’s leave pay paid by an employer to a person who is an employee of that employer in respect of any period is to go towards discharging any liability of that employer to pay contractual remuneration to that person in respect of that period.<br> (3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of subsections (1) and (2).<br> <b>171ZZ31</b> <b>Supplementary</b><br> In this Part—<br> “employer” in relation to a person who is an employee, means a person who—<br> (a) under section 6 is liable to pay secondary Class 1 contributions in relation to any of the earnings of the person who is an employee, or<br> (b) would be liable to pay such contributions but for<br> (i) the condition in section 6(1)(b), or<br> (ii) the employee being under the age of 16;<br> “employee” means a person who is gainfully employed in Great Britain either under a contract of service or in an office (including elective office) with earnings;<br> “earnings” and “relevant period” have the meanings given to them by regulations;<br> “carer’s leave” has the meaning given by the Carer’s Leave Act 2023 and the Carer’s Leave 2024 regulations.””

<p>This new Clause makes provision for a statutory entitlement to carer’s leave pay, including eligibility, rates of pay, employer liability, and the relationship with contractual pay. It seeks to make the length of paid entitlement equivalent to the unpaid entitlement provided for by the Carer’s Leave Act 2023.</p>

177

After Clause 150, insert the following new Clause—<br> <b>“Statement: visual arts professionals</b><br> (1) The Secretary of State must make a statement to Parliament setting out—<br> (a) the application of employment status to workers in the visual arts, in relation to their status as freelancers, sole-traders or self-employed persons,<br> (b) the data collection methods used by the Government to quantify the number of workers in the visual arts sector, including how workers’ earnings are recorded in that sector, particularly where workers may be involved in different forms of work, including freelancing, and<br> (c) whether in their view it is necessary to reform standard occupational categories (SOC) for data recording in the visual arts sector to reflect the nature of employment more accurately in the sector.<br> (2) The statement under subsection (1) must be made within six months of the day on which this Act is passed.”

<p>This probing amendment seeks to clarify how the Government defines the employment status of visual artists and how it collects and records data on the visual arts sector. The amendment seeks to highlight the need for greater statistical visibility of artist professionals, and draws attention to the potential limitations of current Standard Industrial Classification (SIC) and Standard Occupational Classification (SOC) codes.</p>

179

After Clause 150, insert the following new Clause—<br> <b>“Statement: employment in the craft sector</b><br> (1) The Secretary of State must make a statement to Parliament setting out—<br> (a) the application of employment status to workers in the craft sector, in relation to their status as freelancers, sole-traders or self-employed persons,<br> (b) the data collection methods used by the Government to quantify the number of workers in the craft sector, including how workers’ earnings are recorded in that sector, particularly where workers may be involved in different forms of work, including freelancing, and<br> (c) whether in their view it is necessary to reform standard occupational categories (SOC) for data recording in the craft sector to reflect the nature of employment more accurately in the sector.<br> (2) The statement under subsection (1) must be made within six months of the day on which this Act is passed.”

<p>This probing amendment seeks to clarify how the Government defines the employment status of craft workers and how it collects and records data on the craft sector. The amendment seeks to highlight the need for greater statistical visibility of craft practitioners, and calls attention to the potential limitations of current Standard Industrial Classification (SIC) and Standard Occupational Classification (SOC) codes.</p>

180

After Clause 150, insert the following new Clause—<br> <b>“Review of the employment tribunal system</b><br> (1) The Secretary of State must commission an independent review of the employment tribunal system.<br> (2) The review must consider the operation of the system including its capacity, delays, resourcing, and the expected impact of this Act.<br> (3) The review must be carried out no later than three months after the day on which this Act is passed and propose improvements to the system.”

186

Clause 156, page 152, line 34, leave out subsection (2) and insert—<br> “(2) Sections 1 to 9, 19 to 26, 27 to 34, 56, 61, 62, 73, 107, 113, 149, Schedules 1 to 3 and Schedule 10 may not be brought into force until—<br> (a) the review established in section (<i>Review of the employment tribunal system</i>) has been published and laid before Parliament.<br> (b) the Government has considered the recommendations made in the review and the Secretary of State has published a plan outlining how and when any accepted recommendations will be implemented.”

<p>This amendment would prevent the commencement of sections 1 to 9, 19 to 26, 27 to 34, 56, 61, 62, 73, 107, 113, 149, Schedules 1 to 3 and Schedule 10 of the Bill until an independent review of the employment tribunal system has been completed.</p>

193

Clause 156, page 153, line 25, at end insert “but section 20 may not come into force until 1 October 2027.”

<p>This amendment prevents Clause 20 from coming into force until October 2027.</p>

194

After Clause 156, insert the following new Clause—<br> <b>“Repeal</b><br> The following provisions of this Act are repealed at the end of the Parliament in which this Act is passed—<br> (a) Part 4,<br> (b) Part 5,<br> (c) section 149, and<br> (d) section 150.”

43

Clause 20, page 43, line 24, at end insert—<br> “(1D) Subsection (1A) does not apply to indirect harassment, so employers only have to protect their employees from non-sexual harassment by third parties that is directed at them.”

<p>This amendment means employers only have to protect their employees from non-sexual third-party harassment if it is directed at the employee, meaning employers would not have to take all reasonable steps to protect their employees from overheard conversations, remarks or jokes.</p>

44

Clause 20, page 43, line 24, at end insert—<br> “(1D) The definition of “harass” in subsection (1A) cannot include conversation or speech involving the expression of an opinion on a political, moral, religious or social matter, provided the opinion is not indecent or grossly offensive.”

45

Leave out Clause 20

<p>This amendment removes the provisions which require employers to protect employees from non-sexual third party harassment.</p>

103

After Clause 26, insert the following new Clause—<br> <b>“Prohibition of unpaid work experience for a period exceeding four weeks</b><br> (1) The National Minimum Wage Act 1998 is amended as follows.<br> (2) After section 3(3) (exclusion of, and modifications for, certain classes of person) insert—<br> “(3A) “No provision shall be made under subsection (2)(a) in respect of persons participating in a scheme designed to provide work experience for a continuous or non-continuous period which exceeds four weeks.””<br> (3) After section 41 (power to apply Act to individuals who are not otherwise “workers”) insert— <br> <b>“41A</b> <b>Application of this Act to persons undertaking work experience</b><br> (1) The Secretary of State must, in exercising the powers under section 41, provide that this Act applies to a person undertaking work experience with the same employer for a continuous or non-continuous period which exceeds four weeks.<br> (2) The Secretary of State must make regulations in accordance with subsection (1) within a period of six months, beginning with the day on which the Employment Rights Act 2025 is passed.<br> (3) Such regulations must provide that a person undertaking such work experience who has ceased to be of compulsory school age, but has not attained the age of 26, is eligible to receive the national minimum wage at the rate specified for workers of the person’s age.<br> (4) In this section—<br> “employer” has the meaning given to it by subsection 54(4) of this Act (Meaning of “worker”, “employee” etc.), and also includes any organisation which provides an individual with work experience;<br> “work experience” means observing, replicating, assisting with and carrying out any task with the aim of gaining experience of a particular workplace, organisation, industry or work-related activity.””

<p>This amendment seeks to ensure that unpaid work experience cannot be used to avoid National Minimum Wage regulations.</p>

110

Clause 34, page 61, line 2 at end insert—<br> “(A1) After section 5(1)(ec) of the Employment Agencies Act 1973 (general regulations), insert—<br> “(f) requiring the Secretary of State to introduce regulations for employment businesses participating in employment arrangements to underpin recognised certifications and industry standards, particularly for businesses acting as payment intermediaries.””

<p>This amendment would ensure that the regulations the Government intend to bring forward for Payment Intermediaries (also known as umbrella companies) make use of the compliant part of the market's existing industry led codes and accreditations. It does not involve the creation of a new body or the creation of a new framework.</p>

168

After Clause 150, insert the following new Clause—<br> <b>“Employer use of AI</b><br> Any employer who develops, deploys or uses AI in relation to their workers must ensure that such use of AI adheres to the principles of—<br> (a) safety, security and robustness,<br> (b) transparency and explainability,<br> (c) fairness,<br> (d) accountability, assurance and governance,<br> (e) accessibility and inclusive by design, and<br> (f) contestability and redress.”

169

After Clause 150, insert the following new Clause—<br> <b>“AI responsible officers</b><br> (1) The Secretary of State, having consulted those organisations and individuals that they consider appropriate, must by regulations provide that any business which develops, deploys or uses AI, in relation to their workers, must have a designated AI officer, with duties—<br> (a) to ensure the safe, ethical, unbiased and non-discriminatory use of AI by the business in relation to their workers,<br> (b) to ensure, so far as reasonably practicable, that data used by the business in any AI technology is unbiased.<br> (2) Regulations under subsection (1) are subject to the negative resolution procedure.<br> (3) Section 414C of the Companies Act 2006 (contents of strategic report) is amended as follows.<br> (4) After sub-paragraph (7)(b)(iii), insert—<br> “(iv) any development, deployment or use of AI by the company, and the name and activities of the AI officer designated under the Employment Rights Act 2025”.”

170

After Clause 150, insert the following new Clause—<br> <b>“Employer and worker development, deployment or use of AI: Transparency, IP obligations and labelling</b><br> (1) The Secretary of State, after consulting such persons as they consider appropriate, must by regulations provide that—<br> (a) any worker involved in training AI must—<br> (i) supply to the relevant Government department a record of all third-party data and intellectual property (“IP”) used in that training, and<br> (ii) assure the relevant department that they use all such data and IP by informed consent; and comply with all applicable IP and copyright obligations,<br> (b) any worker supplying a product or service involving AI must give customers clear and unambiguous health warnings, labelling and opportunities to give or withhold informed consent in advance, and<br> (c) any employer which develops, deploys or uses AI in relation to their workers must allow independent third parties accredited by a designated body to audit its processes and systems.<br> (2) Regulations under this section must provide for informed consent to be expressed via an opt-in procedure.<br> (3) Regulations under subsection (1) are subject to the negative resolution procedure.”

171

After Clause 150, insert the following new Clause—<br> <b>“AI use of a worker’s data</b><br> No worker’s data can be ingested by AI, sold on to AI businesses or used in AI in any way without the express consent, on an opt-in basis, of that worker.”

172

After Clause 150, insert the following new Clause—<br> <b>“AI use in the workplace</b><br> No worker can be subject to any form of AI in the course of their work without them being meaningfully informed that AI is being used and having the right to decide whether they will be subject to use of that AI on an opt-in basis.”

173

After Clause 150, insert the following new Clause—<br> <b>“Blind and sight-impaired people employment gap: Task and Finish Group</b><br> (1) On the day on which this Act is passed, the Secretary of State must establish a Task and Finish Group to consider all the evidence as to why the level of employment for blind and sight-impaired people has remained so far below the overall employment level in the UK for so long.<br> (2) The Group must produce a cross-economy, cross-society, cross-government action plan within 18 months of its establishment.”

174

After Clause 150, insert the following new Clause—<br> <b>“AI in recruitment and employment</b><br> (1) On the day on which this Act is passed, the Secretary of State must commission a review into the uses of AI in the fields of recruitment and employment.<br> (2) The review must consider—<br> (a) such matters as the creation of a new regulator for the uses of AI in recruitment and employment, and<br> (b) whether a cross sector, agile AI Regulator would enable the uses of AI in recruitment and employment to be covered alongside all other uses of AI in the economy, ensuring clarity and consistency of regulatory approach.”

175

After Clause 150, insert the following new Clause—<br> <b>“Task and Finish Group: AI in the workplace</b><br> (1) On the day on which this Act is passed, the Secretary of State must establish a Task and Finish Group on AI in the workplace.<br> (2) The Group in subsection (1) may consider issues such as the effect of AI on employees and their rights at work.<br> (3) Within 12 months of the day on which this Act is passed, the Group established by subsection (1) must publish a report with recommendations to the Government and employers about the means by which AI-augmented work can be underpinned by trust and responsible development and deployment.<br> (4) The Secretary of State must lay the report in subsection (3) before both Houses of Parliament.”

176

After Clause 150, insert the following new Clause—<br> <b>“Challenges posed by algorithmic allocation of work by employers</b><br> (1) On the day on which this Act is passed, the Secretary of State must launch a project to investigate the potential challenges posed by the algorithmic allocation of work by employers.<br> (2) Within 12 months of the day on which this Act is passed, the project must report to the Secretary of State with recommendations for statutory guidance to manage the challenges posed by the algorithmic allocation of work by employers.<br> (3) The statutory guidance under subsection (2) must be underpinned by concepts such as—<br> (a) human in the loop procedures,<br> (b) right to challenge algorithmic decisions, and<br> (c) right to a readily understandable explanation of algorithmic decisions in a language or form of the employee’s choice.”

117

Clause 44, page 66, line 22, at end insert—<br> “(5) Subsections (2) to (4)—<br> (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the social care worker’s detriment;<br> (b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.”

<p>This amendment provides that an agreement of a Social Care Negotiating Body cannot alter a person’s terms and conditions of employment to make the person worse off, and does not prevent an employer from offering more favourable terms and conditions than those provided for by the agreement.</p>

118

Clause 45, page 67, line 2, after “apply” insert “(but see subsection (8))”

<p>This amendment is consequential on my amendment of clause 45 at page 67, line 10.</p>

119

Clause 45, page 67, line 10, at end insert—<br> “(8) Subsections (5) to (7)—<br> (a) do not apply in relation to a term or condition of a social care worker’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the social care worker’s detriment;<br> (b) do not prevent the terms and conditions of a social care worker’s employment from including a term or condition that is more favourable to the social care worker than that which would otherwise have effect by virtue of those subsections.”

<p>This amendment provides that, where a Social Care Negotiating Body has been unable to reach an agreement about a matter and the appropriate authority makes regulations about the matter, the regulations cannot alter a person’s terms and conditions of employment to make the person worse off, and do not prevent an employer from offering more favourable terms and conditions than those provided for by the regulations.</p>

120

Clause 46, page 67, line 27, at end insert—<br> “(3A) Regulations under this section that by virtue of subsection (2)(b) make provision about the consequences of a failure to comply with a duty imposed by the regulations in relation to a provision of guidance or a code of practice must provide for the guidance or code to be laid before the appropriate legislature and subject to the procedure specified.”

<p>This amendment provides that, where regulations under clause 46 provide for the issuing of guidance or a code of practice by the Secretary of State, and make provision about the consequences of a failure to comply with a duty imposed in relation to the guidance or code, the regulations must provide for the guidance or code to be laid before Parliament and to be subject to the procedure specified in the regulations. The amendment also imposes an equivalent duty in relation to regulations made by the Welsh Ministers or Scottish Ministers.</p>

121

Clause 46, page 67, line 28, after “section” insert “—<br> “the appropriate legislature” means—<br> (a) in the case of regulations of the Secretary of State, Parliament;<br> (b) in the case of regulations of the Welsh Ministers, Senedd Cymru;<br> (c) in the case of regulations of the Scottish Ministers, the Scottish Parliament;”

<p>This amendment is consequential on my other amendment of this clause.</p>

122

Clause 49, page 69, leave out lines 13 to 19

<p>This amendment is consequential on my amendment of clause 45 at page 67, line 10.</p>

123

Clause 54, page 73, line 32, leave out from “84A(2)” to end of line 34

<p>This amendment, together with my other amendment of this clause, provides that regulations under new section 84A(2) of the Merchant Shipping Act 1995 giving effect to international agreements relating to maritime employment will be subject to the affirmative resolution procedure.</p>

124

Clause 54, page 73, leave out lines 37 to 42

<p>See the explanatory statement for my other amendment of this clause.</p>

125

After Clause 54, insert the following new Clause—<br> <b>“Right to opt out of collective agreements</b><br> (1) A worker who is not a member of a trade union may elect, in writing, to opt out of the terms of a collective agreement that would otherwise apply to them under this Act.<br> (2) In such a case, the worker shall be entitled to rely on the statutory rights conferred by this Act without reference to the collective agreement.”

<p>This amendment provides non-union workers with the right to opt out of collective agreements, reinforcing individual freedom of contract and protecting access to statutory entitlements.</p>

126

After Clause 54, insert the following new Clause—<br> “Chapter 4<br> <b>Industrial undertakings</b><br> <b>Restriction on the employment of children in industrial undertakings</b><br> In section 1 of the Employment of Women, Young Persons, and Children Act 1920 (restrictions on the employment of women, young persons, and children in industrial undertakings), at the end of subsection (1) insert “(but voluntary work on a heritage railway or heritage tramway is not employment in an industrial undertaking)”.”

127

After Clause 54, insert the following new Clause—<br> <b>“Sectoral collective bargaining</b><br> (1) The Secretary of State may make regulations for the establishment of Statutory Joint Industrial Councils.<br> (2) The regulations shall provide that—<br> (a) a Statutory Joint Industrial Council shall be composed of equal numbers of—<br> (i) nominees of employers’ associations (or nominees of employers) which appear to ACAS to represent employers in the sector, and<br> (ii) nominees of independent trade unions which appear to ACAS to represent workers in the sector;<br> (b) a Statutory Joint Industrial Council shall have the function of conducting collective bargaining to—<br> (i) establish levels and rates of remuneration (including pensions), terms, conditions and other benefits for those who work in the particular sector of the economy,<br> (ii) determine any other matter within the scope of section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (collective agreements and collective bargaining),<br> (iii) formulate its constitution and procedural arrangements including a dispute resolution procedure,<br> (iv) resolve any other matter which the Statutory Joint Industrial Council desires to consider;<br> (c) any agreements reached by a Statutory Joint Industrial Council shall apply to the workers and employers in the relevant sector save to the extent that a previous or a subsequent contract or collective agreement makes more favourable provision;<br> (d) it is for the Secretary of State (in the light of advice from ACAS) to determine what constitutes a sector of the economy for the purposes of establishing a Statutory Joint Industrial Council; and<br> (e) a Statutory Joint Industrial Council may only be made following consultation with—<br> (i) nominees of employers’ associations (and/or nominees of employers) which appear to ACAS to represent employers in the sector, and<br> (ii) nominees of independent trade unions which appear to ACAS to represent workers in the sector.<br> (3) Regulations made under this section are subject to the affirmative resolution procedure.”

<p>This amendment is intended to enable regulations to be laid for sectoral collective bargaining in particular sectors of the economy. The concept of the Statutory Joint Industrial Council is taken from s.90 and Schedule 8, Employment Protection Act 1975, reproduced in Part II of the Wages Councils Act 1979.</p>

129

Clause 56, page 76, line 35, at end insert—<br> “(c) may not be made if the employer in question is a small or medium-sized enterprise.”

<p>This amendment and others in the name of Lord Sharpe of Epsom provide that a trade union cannot give an access request if the employer is a small or medium-sized business, unless the Secretary of State has provided for this in regulations. Such regulations (where they affect small or medium-sized businesses) may not be made before 6 April 2028, and without prior consultation and publication of an impact assessment. They also provide that the Secretary of State must consult and publish an impact assessment prior to making regulations to vary the required percentage.</p>

112

Schedule 4, page 207, line 17, at end insert—<br> “(6) Subsections (2) to (5)—<br> (a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the agreement would alter the term or condition to the person’s detriment;<br> (b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.”

<p>This amendment provides that an agreement of the School Support Staff Negotiating Body cannot alter a person’s terms and conditions of employment to make the person worse off, and does not prevent an employer from offering more favourable terms and conditions than those provided for by the agreement.</p>

113

Schedule 4, page 207, line 29, after “apply” insert “(but see subsection (8))”

<p>This amendment is consequential on my amendment of Schedule 4 at page 208, line 4.</p>

114

Schedule 4, page 208, line 4, at end insert—<br> “(8) Subsections (4) to (7)—<br> (a) do not apply in relation to a term or condition of a person’s employment if, and to the extent that, giving effect to the regulations would alter the term or condition to the person’s detriment;<br> (b) do not prevent the terms and conditions of a person’s employment from including a term or condition that is more favourable to the person than that which would otherwise have effect by virtue of those subsections.”

<p>This amendment provides that, where the School Support Staff Negotiating Body has been unable to reach an agreement about a matter and the Secretary of State makes regulations about the matter, the regulations cannot alter a person’s terms and conditions of employment to make the person worse off, and do not prevent an employer from offering more favourable terms and conditions than those provided for by the regulations.</p>

115

Schedule 4, page 208, leave out lines 8 to 14

<p>This amendment is consequential on my amendment of Schedule 4 at page 208, line 4.</p>

116

Schedule 4, page 208, line 22, leave out “(7)” and insert “(8)”

<p>This amendment is consequential on my amendment of Schedule 4 at page 208, line 4.</p>

9

In inserted paragraph (b), leave out “who are dealing with exceptional circumstances”

22

In inserted paragraph (b), leave out “who are dealing with exceptional circumstances”

68

Clause 26, page 46, line 14, leave out “and” and insert “to”

<p>This amendment is consequential on my other amendments of clause 26.</p>

69

Clause 26, page 46, line 25, after “employment” insert “to make a restricted variation (see subsection (3B))”

<p>This amendment and other amendments of clause 26 would limit new section 104I(1) of the Employment Rights Act 1996 to cases where the variation of the contract of employment was of a particular kind. This includes reductions in an employee’s pay or time off and changes to the number of hours an employee is required to work.</p>

70

Clause 26, page 46, line 26, leave out from “employee” to end of line and insert “—<br> (i) did not agree to the restricted variation, or<br> (ii) where the employer sought to make more than one variation, did not agree to a number of variations that included the restricted variation.”

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

71

Clause 26, page 46, line 30, at end insert—<br> “(3A) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—<br> (a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and<br> (b) one or more of the differences between the two sets of terms constitutes a restricted variation (see subsection (3B));<br> <span class="wrapped">and, in a case where subsection (3) applies, any reference in this section to the restricted variation is to be read accordingly.”</span>

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

72

Clause 26, page 46, line 30, at end insert—<br> “(3B) In this section “restricted variation” means any of the following—<br> (a) a reduction of, or removal of an entitlement to, any sum payable to an employee in connection with the employment (but see subsection (3C));<br> (b) where the amount of any sum payable to an employee in connection with the employment is determined by reference to a measure of the amount of work done by the employee (including a measure referable to results achieved by the employee), a variation of that measure;<br> (c) a variation of any term or condition relating to pensions or pension schemes;<br> (d) a variation of the number of hours which an employee is required to work;<br> (e) a variation of the timing or duration of a shift which meets such conditions as may be specified in regulations made by the Secretary of State;<br> (f) a reduction in the amount of time off which an employee is entitled to take;<br> (g) a variation of a description specified in regulations made by the Secretary of State;<br> (h) the inclusion in a contract of employment of a term enabling the employer to make any variation within any of the preceding paragraphs without the employee’s agreement.<br> (3C) The Secretary of State may by regulations provide that a reference in subsection (3B) to a sum payable to an employee in connection with the employment does not include a reference to—<br> (a) a sum payable in respect of—<br> (i) any expenses incurred by an employee;<br> (ii) any expenses of a specified description incurred by an employee;<br> (iii) any expenses incurred by an employee other than expenses of a specified description;<br> (b) a payment or benefit in kind, a payment or benefit in kind of a specified description, or a payment or benefit in kind other than one of a specified description.<br> <span class="wrapped">In this subsection “specified” means specified in the regulations.”</span>

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

76

Clause 26, page 46, line 31, at beginning insert “In the case of an employer that is not a local authority,”

<p>This amendment is consequential on my amendments of clause 26 at page 46, line 36 and page 47, line 2.</p>

77

Clause 26, page 46, line 33, before “variation” insert “restricted”

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

78

Clause 26, page 46, line 36, leave out from “affect” to end of line 38 and insert “—<br> (i) the employer’s ability to carry on the business as a going concern, or<br> (ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions,”

<p>The effect of this amendment is that, for the purposes of the exception to new section 104I(1) of the Employment Rights Act 1996, a public sector employer (other than a local authority) may rely on financial difficulties that are affecting, or likely in the immediate future to affect, the financial sustainability of carrying out the employer’s statutory functions.</p>

79

Clause 26, page 47, line 2, before “variation” insert “restricted”

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

80

Clause 26, page 47, line 2, at end insert—<br> “(4A) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—<br> (a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,<br> (b) the relevant intervention direction—<br> (i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and<br> (ii) contains provision relating to the financial management or financial governance of the authority, and<br> (c) the authority shows that—<br> (i) the reason for the restricted variation was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and<br> (ii) in all the circumstances the authority could not reasonably have avoided the need to make the restricted variation.<br> (4B) In determining whether—<br> (a) in the case of a public sector employer (other than a local authority), subsection (4)(b) is met, or<br> (b) in the case of a local authority, subsection (4A)(c)(ii) is met,<br> <span class="wrapped">an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.”</span>

<p>This amendment provides that the exception for employers undergoing financial difficulties applies to a local authority only if a “relevant intervention direction” has effect in relation to it. It also makes provision about how an employment tribunal should decide whether a public sector employer (including a local authority) could not reasonably have avoided the need to make the variation.</p>

81

Clause 26, page 47, line 4, after “met,” insert “or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (4A) are met,”

<p>This amendment is consequential on the amendment of clause 26 at page 47, line 2 that inserts a new subsection (4A) into section 104I of the Employment Rights Act 1996.</p>

82

Clause 26, page 47, line 19, before “variation” insert “restricted”

<p>See the explanatory statement for my amendment at page 46, line 25.</p>

83

Clause 26, page 47, line 21, at end insert—<br> “(5A) In this section—<br> “English local authority” means—<br> (a) a county council or district council in England;<br> (b) a London borough council;<br> (c) the Greater London Authority;<br> (d) the Council of the Isles of Scilly;<br> (e) the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;<br> (f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;<br> (g) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;<br> “local authority” means—<br> (a) an English local authority,<br> (b) a Welsh local authority, or<br> (c) a Scottish local authority;<br> “public sector employer” means a person that—<br> (a) is wholly or mainly funded from public funds,<br> (b) is under a statutory duty to carry out any functions of a public nature, and<br> (c) so far as carrying out those functions, does not operate on a commercial basis;<br> “recognised” , in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);<br> “relevant intervention direction” means—<br> (a) in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);<br> (b) in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);<br> (c) in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);<br> “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;<br> “statutory duty” means a duty imposed by or under any enactment, including—<br> (a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and<br> (b) an Act of the Scottish Parliament;<br> “statutory functions” , in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;<br> “Welsh local authority” means—<br> (a) a county council or county borough council in Wales;<br> (b) a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.”

<p>This amendment inserts a number of definitions that are needed for the purposes of section 104I of the Employment Rights Act 1996, as amended by my other amendments of clause 26.</p>

84

Clause 26, page 47, line 21, at end insert—<br> “(5A) The reference in subsection (4A)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.”

<p>This amendment makes it clear that, for the purposes of subsection (4A)(a) of new section 104I of the Employment Rights Act 1996, it does not matter if the relevant intervention direction was given before the day on which the Employment Rights Bill receives Royal Assent.</p>

85

Clause 26, page 47, leave out lines 22 to 31

<p>This amendment is consequential on my other amendments of clause 26.</p>

86

Clause 26, page 47, line 31, at end insert—<br> <b>“104J</b> <b>Contracts of employment: variations that are not restricted variations</b><br> (1) This section applies to the dismissal of an employee if—<br> (a) the employee was employed for the purposes of a business carried on by the employer, and<br> (b) the reason (or, if more than one, the principal reason) for the dismissal is a reason within subsection (2) or (3).<br> (2) The reason within this subsection is that—<br> (a) the employer sought to vary the employee’s contract of employment,<br> (b) the variation was not a restricted variation or, where the employer sought to make more than one variation, none of the variations was a restricted variation, and<br> (c) the employee did not agree to the variation.<br> (3) The reason within this subsection is to enable the employer to employ another person, or to re-engage the employee, under a varied contract of employment to carry out the same duties, or substantially the same duties, as the employee carried out before being dismissed.<br> (4) For the purposes of subsection (3), a contract of employment is a “varied” contract of employment if—<br> (a) the terms of the contract are not the same as the terms of the contract of employment under which the employee worked before being dismissed, and<br> (b) none of the differences between the two sets of terms constitutes a restricted variation;<br> <span class="wrapped">and, in a case where subsection (3) applies, any reference in this section to the variation is to be read accordingly.</span><br> (5) The matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—<br> (a) the reason for the variation;<br> (b) any consultation carried out by the employer with the employee about varying the employee’s contract of employment;<br> (c) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;<br> (d) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;<br> (e) anything offered to the employee by the employer in return for agreeing to the variation;<br> (f) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.<br> (6) In this section—<br> “recognised” , in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);<br> “restricted variation” has the same meaning as in section 104I.”

<p>This amendment provides that, where an employee is dismissed for failing to agree to a variation of their contract of employment that is not a “restricted variation”, the matters that must be considered in determining whether the dismissal is fair or unfair include those specified in new section 104J(5) of the Employment Rights Act 1996.</p>

87

Clause 26, page 47, line 31, at end insert—<br> <b>“104K</b> <b>Redundancy: replacement of employees with people who are not employees</b><br> (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if—<br> (a) the employee was employed for the purposes of a business carried on by the employer, and<br> (b) the reason (or, if more than one, the principal reason) for the dismissal is to enable the employer to replace the employee with an individual who is not an employee of the employer.<br> (2) For the purposes of this section—<br> (a) an employer replaces an employee with an individual who is not an employee of the employer if (and only if)—<br> (i) the individual, or the individual taken together with one or more employees of the employer or other individuals, is to carry out activities, in pursuance of a relevant contract, for the purposes of the employer’s business,<br> (ii) those activities are the same, or substantially the same, activities as the employee, or the employee taken together with one or more other employees of the employer, carried out before being dismissed, and<br> (iii) the employee’s dismissal is not wholly or mainly attributable to the fact that the requirements of the employer’s business for those activities to be carried out have ceased or diminished or are expected to cease or diminish;<br> <span class="wrapped">and any reference in this section to replacing an employee is to be read accordingly;</span><br> (b) a reference to replacing an employee with an individual who is not an employee of the employer includes the case where the individual is the one who has been dismissed;<br> (c) “relevant contract”, in relation to an employer, means a contract, other than a contract of employment, to which the employer is a party (whether or not the individual carrying out activities in pursuance of the contract is a party to it).<br> (3) In the case of an employer that is not a local authority, subsection (1) does not apply in relation to an employee if the employer shows that—<br> (a) the reason for the replacement was to eliminate, prevent or significantly reduce, or significantly mitigate the effect of, any financial difficulties which at the time of the dismissal were affecting, or were likely in the immediate future to affect—<br> (i) the employer’s ability to carry on the business as a going concern, or<br> (ii) where the employer is a public sector employer, the financial sustainability of carrying out the employer’s statutory functions, and<br> (b) in all the circumstances the employer could not reasonably have avoided the need to replace the employee.<br> (4) In the case of an employer that is a local authority, subsection (1) does not apply in relation to an employee if—<br> (a) at the time of the dismissal, a relevant intervention direction has effect in relation to the authority,<br> (b) the relevant intervention direction—<br> (i) specifies that the reason, or one of the reasons, for the giving of the direction is that the authority is undergoing financial difficulties, and<br> (ii) contains provision relating to the financial management or financial governance of the authority, and<br> (c) the authority shows that—<br> (i) the reason for the replacement was to eliminate or significantly reduce, or significantly mitigate the effect of, any of the financial difficulties referred to in paragraph (b)(i), and<br> (ii) in all the circumstances the authority could not reasonably have avoided the need to replace the employee.<br> (5) In determining whether—<br> (a) in the case of a public sector employer (other than a local authority), subsection (3)(b) is met, or<br> (b) in the case of a local authority, subsection (4)(c)(ii) is met,<br> <span class="wrapped">an employment tribunal must apply the same principles as would be applied by a court on an application for judicial review.</span><br> (6) Where the employer shows that the conditions in paragraphs (a) and (b) of subsection (3) are met, or (where the employer is a local authority) the conditions in paragraphs (a), (b) and (c) of subsection (4) are met, the matters that must be considered in determining the question whether the dismissal is fair or unfair include the following—<br> (a) any consultation carried out by the employer with the employee about replacing the employee;<br> (b) if the employee is of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with that trade union;<br> (c) if the employee is not of a description in respect of which an independent trade union is recognised by the employer, any consultation carried out by the employer with any other person representing the interests of the employee that, at the time of the dismissal, had authority to receive information and to be consulted about the dismissal on the employee’s behalf;<br> (d) any matters specified for the purposes of this subsection in regulations made by the Secretary of State.<br> (7) In this section—<br> “contract” means a contract whether express or implied and (if it is express) whether oral or in writing;<br> “English local authority” means—<br> (a) a county council or district council in England;<br> (b) a London borough council;<br> (c) the Greater London Authority;<br> (d) the Council of the Isles of Scilly;<br> (e) the Common Council of the City of London in its capacity as a local authority, a police authority or a port health authority;<br> (f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;<br> (g) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;<br> “local authority” means—<br> (a) an English local authority,<br> (b) a Welsh local authority, or<br> (c) a Scottish local authority;<br> “public sector employer” means a person that—<br> (a) is wholly or mainly funded from public funds,<br> (b) is under a statutory duty to carry out any functions of a public nature, and<br> (c) so far as carrying out those functions, does not operate on a commercial basis;<br> “recognised” , in relation to a trade union, has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act);<br> “relevant intervention direction” means—<br> (a) in the case of an English local authority, a direction under section 15(5) or (6)(a) of the Local Government Act 1999 (powers to deal with failure to comply with duties relating to best value authorities);<br> (b) in the case of a Welsh local authority, a direction under section 106 or 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (intervention powers of Welsh Ministers);<br> (c) in the case of a Scottish local authority, an enforcement direction under section 24 of the Local Government in Scotland Act 2003 (asp 1) relating wholly or partly to a failure of the authority to comply with its duties under section 1 of that Act (local authorities’ duty to secure best value);<br> “Scottish local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;<br> “statutory duty” means a duty imposed by or under any enactment, including—<br> (a) a Measure or Act of the National Assembly for Wales or an Act of Senedd Cymru, and<br> (b) an Act of the Scottish Parliament;<br> “statutory functions” , in relation to a public sector employer, means functions of a public nature which the employer is under a statutory duty to carry out;<br> “Welsh local authority” means—<br> (a) a county council or county borough council in Wales;<br> (b) a corporate joint committee established under Part 5 of the Local Government and Elections (Wales) Act 2021.<br> (8) The reference in subsection (4)(a) to a relevant intervention direction includes a relevant intervention direction given before the day on which the Employment Rights Act 2025 was passed.<br> (3A) In section 105 (redundancy), in the heading, after “Redundancy” insert “: other cases”.”

<p>This amendment provides that an employee’s dismissal is automatically unfair if the reason for the dismissal was to enable the employer to replace the employee, on a broadly like-for-like basis, with someone who is not employed but is, for example, an agency worker or a self-employed contractor. There are exceptions to this rule in circumstances where the reason for the replacement is to address financial difficulties of the employer and the employer could not reasonably have avoided the need to replace the employee.</p>

89

Clause 26, page 47, line 34, leave out “subsection (4)” and insert “subsections (4) and (4A)”

<p>This amendment is consequential on the amendment of clause 26 at page 47, line 2 that inserts a new subsection (4A) into section 104I of the Employment Rights Act 1996.</p>

90

Clause 26, page 47, line 35, at end insert—<br> “(gp) subsection (1) of section 104K (read with subsections (3) and (4) of that section) applies,”.”

<p>This amendment is consequential on the amendment of clause 26 at page 47, line 31 that inserts a new section 104K into the Employment Rights Act 1996.</p>

91

Clause 26, page 47, line 37, leave out ““104I(5)(e),”.” and insert ““104I,”

<p>This amendment provides for regulations under new section 104I of the Employment Rights Act 1996 to be subject to the affirmative resolution procedure.</p>

92

Clause 26, page 47, line 37, at end insert “104J(5)(f),”

<p>This amendment provides for regulations under subsection (5)(f) of new section 104J of the Employment Rights Act 1996 to be subject to the affirmative resolution procedure.</p>

93

Clause 26, page 47, line 37, at end insert “104K(6)(d),”.”

<p>This amendment provides for regulations under subsection (6)(d) of new section 104K of the Employment Rights Act 1996 to be subject to the affirmative resolution procedure.</p>

150

After Clause 72, insert the following new Clause—<br> <b>“Right to take industrial action</b><br> (1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.<br> (2) In section 220 (peaceful picketing)—<br> (a) in subsection (1), for paragraphs (a) and (b) substitute “a place of work”;<br> (b) omit subsections (2) to (4).<br> (3) Omit section 224 (secondary action).<br> (4) In section 244 (meaning of “trade dispute” in Part V)—<br> (a) in subsection (1), for “a dispute between workers and their employer which relates wholly or mainly to” substitute “a dispute between workers and one or more employers connected with”;<br> (b) in subsection (5), for “a worker employed by that employer” substitute “a worker employed by an employer”.”

<p>These amendments would remove the provisions (in sections 224 and 244) that render unlawful all forms of ‘secondary’ industrial action including the rights of pickets to picket places of work other than their own.</p>

151

Clause 73, page 101, line 27, at end insert—<br> <b>“236E</b> <b>Actions short of a strike: exemption</b><br> (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—<br> (a) intimidation at picket lines,<br> (b) protests organised by trade unions in furtherance of a dispute—<br> (i) at the premises of a company,<br> (ii) at the private residences of senior managers, or<br> (iii) at the premises of other organisations that are connected with the dispute,<br> (c) harassment or bullying of non-striking workers, or those who are covering for striking workers,<br> (d) victimisation or harassment of senior managers, or<br> (e) action aimed at damaging property or disrupting business contingency planning.<br> (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.”

<p>This amendment would disapply the right not to suffer detriment as a result of industrial action in certain circumstances.</p>

152

Leave out Clause 75

2

Clause 1, page 2, line 30, leave out from “for” to end of line 32 and insert “eight hours or fewer per week (“the minimum number of hours”),”

<p>This amendment defines the minimum number of hours for the purposes of section 27BA.</p>

131

Clause 56, page 77, line 14, at end insert—<br> ““small or medium-sized business” shall have the meaning given to it in section 7 of the Small Business, Enterprise and Employment Act 2015.<br> (7) The Secretary of State may by regulations made by statutory instrument provide for the disapplication of subsection (2)(c), whether in respect of small or medium-sized businesses of a specified class, or in respect of small or medium-sized businesses generally.<br> (8) Regulations made under subsection (7) may not be made––<br> (a) unless the Secretary of State has––<br> (i) consulted with small or medium-sized businesses and their representatives on the potential impacts of extending the provisions of this Chapter to small or medium-sized businesses;<br> (ii) prepared and published a review on the impact of extending the provisions of this Chapter to small or medium-sized businesses, and laid a document containing that review before each House of Parliament;<br> (b) in any event, before 6 April 2028.<br> (9) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

<p>This amendment and others in the name of Lord Sharpe of Epsom provide that a trade union cannot give an access request if the employer is a small or medium-sized business, unless the Secretary of State has provided for this in regulations. Such regulations (where they affect small or medium-sized businesses) may not be made before 6 April 2028, and without prior consultation and publication of an impact assessment. They also provide that the Secretary of State must consult and publish an impact assessment prior to making regulations to vary the required percentage.</p>

6

Clause 1, page 3, line 24, at end insert—<br> “(6A) See paragraph 5(3A) of Schedule A1 for provision about when the initial reference period is not a reference period in relation to a worker who is a former agency worker and that worker’s employer.”

<p>This amendment is consequential on my amendment to Schedule 1 at page 160, line 33.</p>

7

Clause 1, page 9, line 34, after “apply” insert “in relation to a reference period”

<p>This amendment clarifies that, where the power in new section 27BD(6) of the Employment Rights Act 1996 is exercised so as to make provision for the duty in new section 27BA(1) not to apply, the exception will operate in relation to a reference period.</p>

8

Clause 1, page 9, line 36, at end insert—<br> “(6A) In exercising the power under subsection (6) the Secretary of State must, in particular, have regard to—<br> (a) the benefit to workers of receiving a guaranteed hours offer under this Chapter, and<br> (b) the desirability of preventing this Chapter from having a significant adverse effect on employers who are dealing with exceptional circumstances.”

<p>This amendment sets out a non-exhaustive list of matters that the Secretary of State must have regard to in exercising the power in new section 27BD(6) of the Employment Rights Act 1996.</p>

24

Clause 5, page 31, line 36, at end insert—<br> “(3A) For the purposes of this Chapter, references to a “relevant collective agreement” shall be treated as including an agreement in writing between an employer and an employee representative body or staff association that—<br> (a) has been formally established for the purposes of consultation or negotiation with the employer,<br> (b) represents either a defined group of the employer’s workers or the workforce generally, and<br> (c) operates independently of the employer in its decision-making.”

<p>This amendment ensures that, for the purposes of this Chapter, agreements made with independent employee representative bodies or staff associations — where formally constituted and independent — may be treated as equivalent to collective agreements.</p>

25

Clause 5, page 31, line 36, at end insert—<br> “(3A) A relevant collective agreement shall not be treated as valid for the purposes of this Chapter if—<br> (a) it makes the application of its terms to a worker conditional on their being a member of a trade union,<br> (b) it imposes any detriment or disadvantage on a worker who is not a member of a trade union, or<br> (c) it results in any term being incorporated into a worker’s contract solely by reason of union membership status.”

<p>This amendment prohibits any form of closed shop by ensuring that collective agreements cannot require union membership or discriminate against non-members.</p>

26

Clause 5, page 33, line 40, leave out from beginning to end of line 5 on page 34 and insert—<br> “(b) in relation to a worker and the worker’s employer—<br> (i) section 27BA(5)(a) has effect as if for sub-paragraphs (i) and (ii) there were substituted—<br> “(i) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or<br> (ii) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer, and”, and<br> (ii) section 27BF(3) has effect as if for paragraphs (a) and (b) there were substituted—<br> “(a) where the worker is employed by the employer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or<br> (b) where the worker is not so employed, the first day after the effective day on which the worker is employed by the employer.”,<br> (c) in relation to an agency worker and a hirer for and under the supervision and direction of whom the agency worker works, paragraph 1(5)(a) of Schedule A1 has effect as if for sub-paragraphs (i) and (ii) there were substituted—<br> “(i) where the agency worker is working for and under the supervision and direction of the hirer on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or<br> (ii) where the agency worker is not so working, the first day after the effective day on which the agency worker is working for and under the supervision and direction of the hirer, and”, and<br> (d) in relation to an agency worker and the work-finding agency with which the agency worker has a worker’s contract or an arrangement by virtue of which the agency worker is (or is to be) supplied to work for and under the supervision and direction of a hirer, paragraph 6(3) of Schedule A1 has effect as if for paragraphs (a) and (b) there were substituted—<br> “(a) where the worker’s contract or arrangement is in force on the day (“the effective day”) after the day on which terms cease to be incorporated as mentioned in section 27BY(7)(b), the effective day, or<br> (b) where it is not in force on the effective day, the first day after the effective day on which it is in force.””

<p>This amendment ensures that the gloss in new section 27BY(8) of the Employment Rights Act 1996 operates effectively.</p>

52

Schedule 3, page 195, line 16, for “(3)” substitute “(5)”

<p>This amendment corrects a cross-reference.</p>

30

After Clause 11, insert the following new Clause—<br> <b>“Statutory sick pay rebate scheme: SMEs</b><br> (1) The Secretary of State must by regulations made by statutory instrument establish a scheme for the reimbursement of statutory sick pay costs incurred by companies which employ fewer than 250 staff.<br> (2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.<br> (3) The first regulations under this section must be laid within 60 days of the day on which this Act is passed.”

<p>This amendment requires the Secretary of State to establish a rebate scheme for small and medium sized enterprises for the costs incurred by statutory sick pay.</p>

33

Clause 18, page 41, line 24, leave out “conditions specified in the regulations” and insert “specified conditions”

<p>This amendment is consequential on my amendment of clause 18 at page 41, line 39.</p>

34

Clause 18, page 41, line 27, at end insert—<br> “(ca) after subsection (3) insert—<br> “(3A) For the purposes of subsection (1) an employee is also a “bereaved person” if—<br> (a) the employee has suffered a pregnancy loss of a specified kind, or<br> (b) the employee satisfies specified conditions as to relationship with—<br> (i) a person who has suffered a pregnancy loss of a specified kind, or<br> (ii) a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.”;”

<p>This amendment and my other amendments of clause 18 would enable the entitlement to bereavement leave conferred by section 80EA of the Employment Rights Act 1996 to be extended to cases involving pregnancy loss.</p>

36

Clause 18, page 41, line 28, leave out “for “child” substitute “person”;” and insert “omit “in respect of a child”;”

<p>See the explanatory statement for my amendment of clause 18 at page 41, line 27.</p>

37

Clause 18, page 41, line 28, at end insert—<br> “(da) in subsection (5), before “a child” insert “the death of”;”

<p>See the explanatory statement for my amendment of clause 18 at page 41, line 27.</p>

38

Clause 18, page 41, line 31, leave out from “section” to “the” in line 32 and insert “otherwise than in respect of the death of a child,”

<p>See the explanatory statement for my amendment of clause 18 at page 41, line 27.</p>

39

Clause 18, page 41, line 34, leave out “for “child’s” substitute “person’s”;” and insert “for “the date of the child’s death” substitute “the specified day”;”

<p>See the explanatory statement for my amendment of clause 18 at page 41, line 27.</p>

40

Clause 18, page 41, line 39, at end insert—<br> “(ga) in subsection (9)—<br> (i) in the definition of “child”, after “stillbirths” insert “after twenty-four weeks of pregnancy”;<br> (ii) after the definition of “child” insert—<br> ““live birth” means the birth of a child born alive;<br> “pregnancy loss” means—<br> (a) the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or<br> (b) the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990;<br> “specified” means specified in the regulations;”;”

<p>See the explanatory statement for my amendment of clause 18 at page 41, line 27.</p>

46

After Clause 22, insert the following new Clause—<br> <b>“Contractual duties of confidentiality relating to harassment and discrimination</b><br> (1) The Employment Rights Act 1996 is amended as follows.<br> (2) After section 202 insert—<br> <i class="text-centre">“Harassment and discrimination: contractual duties of confidentiality</i><br> <b>202A</b> <b>Contractual duties of confidentiality relating to harassment and discrimination</b><br> (1) Any provision in an agreement between an employer and a worker of the employer (whether a worker’s contract or not) is void in so far as it purports to preclude the worker from making—<br> (a) an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or<br> (b) an allegation, or a disclosure of information, relating to the response of an employer of the worker to—<br> (i) relevant harassment or discrimination, or<br> (ii) the making of an allegation or disclosure within paragraph (a).<br> (2) Harassment or discrimination is “relevant” for the purposes of subsection (1) if—<br> (a) the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by—<br> (i) an employer of the worker, or<br> (ii) another worker of such an employer, or<br> (b) the person who is, or is alleged to be, the victim of the harassment or discrimination is—<br> (i) the worker, or<br> (ii) another worker of an employer of the worker.<br> (3) Subsection (1) does not apply to provision in an agreement (an “excepted agreement”) that satisfies such conditions as the Secretary of State may specify by regulations.<br> (4) But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b)—<br> (a) to a specified description of person;<br> (b) for a specified purpose;<br> (c) in specified circumstances.<br> (5) The Secretary of State may by regulations—<br> (a) provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who—<br> (i) works or worked, or is or was provided with work experience or training, in specified circumstances, or<br> (ii) has entered into, or works or worked under, a relevant contract of a specified description;<br> (b) make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.<br> (6) In subsection (5), “relevant contract” means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.<br> (7) Regulations under this section may—<br> (a) make different provision for different purposes;<br> (b) make consequential provision.<br> (8) For the purposes of this section, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as a police cadet is to be treated as employment by the relevant officer under a contract of employment.<br> “The relevant officer” has the meaning given by section 43KA(2).<br> (9) Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void.<br> (10) In this section—<br> “discrimination” means discrimination within section 13, or any of sections 15 to 19A, of the Equality Act 2010;<br> “harassment” means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act;<br> “specified” means specified in the regulations.”<br> (3) In section 192(2) (provisions of Act which have effect in relation to armed forces)—<br> (a) omit the “and” at the end of paragraph (e);<br> (b) for paragraph (f) substitute—<br> “(f) this Part, apart from section 202A, and<br> (g) Parts 14 and 15.”<br> (4) In section 193 (provisions of Act which do not apply in relation to the security services), for “section 47B” substitute “sections 47B and 202A”.<br> (5) In section 194(2) (provisions of Act which have effect in relation to House of Lords staff)—<br> (a) omit the “and” at the end of paragraph (g);<br> (b) for paragraph (h) substitute—<br> “(h) this Part, apart from section 202A, and<br> (i) Parts 14 and 15.”<br> (6) In section 195(2) (provisions of Act which have effect in relation to House of Commons staff)—<br> (a) omit the “and” at the end of paragraph (g);<br> (b) for paragraph (h) substitute—<br> “(h) this Part, apart from section 202A, and<br> (i) Parts 14 and 15.”<br> (7) In section 236(3) (regulations subject to affirmative procedure), after “125(7)” insert “, 202A”.”

<p>This new clause provides that provision in an agreement between an employer and a worker is void in so far as it purports to prevent the worker making an allegation or disclosure of information relating to certain work-related harassment and discrimination.</p>

12

Schedule 1, page 156, leave out lines 27 to 35 and insert—<br> “(b) must propose terms and conditions of employment relating to pay that comply with paragraph 2A, and<br> (c) must propose terms and conditions of employment relating to additional matters—<br> (i) that, taken as a whole, are no less favourable than the terms and conditions relating to additional matters that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period,”

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

13

Schedule 1, page 157, line 11, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7A)</span><span class="sub-para-text">For the purposes of sub-paragraphs (6)(b)and (7B), terms and conditions of employment relate to “pay” if they relate to any sums payable to a worker in connection with the worker’s employment, including any fee, bonus, commission, holiday pay or other emolument referable to the employment, whether payable under contract or otherwise.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7B)</span><span class="sub-para-text">For the purposes of sub-paragraph (6)(c), terms and conditions of employment relate to “additional matters” if—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">they are not terms and conditions that are required by or under sub-paragraphs (1) and (2) or sub-paragraphs (1) and (4);</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">they do not relate to length of employment;</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(c)</span><span class="sub-para-text">they do not relate to pay.”</span></span>

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

14

Schedule 1, page 157, line 20, at end insert—<br> <i class="text-centre">“Requirements relating to a guaranteed hours offer: terms and conditions relating to pay</i><br> 2A <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Terms and conditions of employment relating to pay that are proposed by a guaranteed hours offer made by a hirer to a qualifying agency worker in respect of a relevant reference period comply with this paragraph if any of conditions A to D is met in relation to those terms and conditions.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">Condition A is that the terms and conditions of employment relating to pay are no less favourable than the most favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">Condition B is that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the terms and conditions of employment relating to pay do not meet condition A but are no less favourable than the least favourable terms and conditions relating to pay that the qualifying agency worker had when working for and under the supervision and direction of the hirer during the relevant reference period, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the proposal of those terms by the hirer constitutes a proportionate means of achieving a legitimate aim.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Condition C is that the terms and conditions of employment relating to pay are no less favourable than—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">where there was only one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period, the terms and conditions of employment relating to pay that the comparable worker had at the end of that period, or</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">where there was more than one such comparable worker, the most favourable terms and conditions of employment relating to pay that a comparable worker had at the end of the relevant reference period.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">Condition D is that, where there was more than one comparable worker in relation to the qualifying agency worker at the end of the relevant reference period—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the terms and conditions of employment relating to pay do not meet condition C but are no less favourable than the terms and conditions of employment relating to pay that at least one comparable worker had at the end of the relevant reference period, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the proposal of those terms by the hirer constitutes a proportionate means of achieving a legitimate aim.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6)</span><span class="sub-para-text">If a hirer relies on any of sub-paragraphs (3) to (5) when making a guaranteed hours offer to a qualifying agency worker, the hirer must give a notice to the qualifying agency worker that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">states that the hirer has done so, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">where sub-paragraph (3)(b) or (5)(b) applies, explains how the proposed terms and conditions constitute a proportionate means of achieving a legitimate aim.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(7)</span><span class="sub-para-text">A notice under sub-paragraph (6) must be given by no later than the same day, and in the same form and manner, as the guaranteed hours offer (see paragraph 2(8)).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(8)</span><span class="sub-para-text">For the purposes of this paragraph a worker is a “comparable worker”, in relation to an agency worker who works for and under the supervision and direction of a hirer, if—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the worker is employed by the hirer to do the same or broadly similar work as the agency worker, having regard, where relevant, to whether the worker and the agency worker have a similar level of qualification and skills, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the worker is employed by the hirer to work at the same place as the agency worker or, where there is no worker employed by the hirer at that place who does the same or broadly similar work as the agency worker, at any other place.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">Paragraph 2(7A) (when terms and conditions of employment relate to pay) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(b) and (7B).</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(10)</span><span class="sub-para-text">References in this paragraph to terms and conditions relating to pay that an agency worker had when working for and under the supervision and direction of a hirer are references to any sums payable to the agency worker in connection with that work, including any fee, bonus, commission, holiday pay or other emolument referable to the work, whether payable under contract or otherwise.”</span></span>

<p>This amendment inserts a new paragraph into new Schedule A1 to the Employment Rights Act 1996. It sets out requirements for the terms and conditions of employment relating to pay that are proposed by a guaranteed hours offer made by a hirer to a qualifying agency worker.</p>

15

Schedule 1, page 157, line 23, leave out from “to” to end of line 24 and insert “additional matters that the qualifying agency worker had when working”

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

16

Schedule 1, page 157, line 28, leave out from “employment” to “that” in line 29 and insert “relating to additional matters”

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

17

Schedule 1, page 157, line 31, leave out from “to” to end of line and insert “additional matters”

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

18

Schedule 1, page 157, line 37, leave out from “to” to “that” and insert “additional matters”

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

19

Schedule 1, page 158, line 9, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5)</span><span class="sub-para-text">Paragraph 2(7B) (when terms and conditions of employment relate to additional matters) applies for the purposes of this paragraph as it applies for the purposes of paragraph 2(6)(c).”</span></span>

<p>This amendment is consequential on my amendment to Schedule 1 that inserts a new paragraph 2A into new Schedule A1 to the Employment Rights Act 1996.</p>

20

Schedule 1, page 159, line 13, after “apply” insert “in relation to a reference period”

<p>This amendment clarifies that, where the power in paragraph 4(6) of new Schedule A1 to the Employment Rights Act 1996 is exercised so as to make provision for the duty in paragraph 1(1) not to apply, the exception will operate in relation to a reference period. It is equivalent to my amendment to clause 1, page 9, line 34.</p>

21

Schedule 1, page 159, line 15, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(6A)</span><span class="sub-para-text">In exercising the power under sub-paragraph (6) the Secretary of State must, in particular, have regard to—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the benefit to agency workers of receiving a guaranteed hours offer under this Part of this Schedule, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the desirability of preventing this Part of this Schedule from having a significant adverse effect on hirers who are dealing with exceptional circumstances.”</span></span>

<p>This amendment sets out a non-exhaustive list of matters that the Secretary of State must have regard to in exercising the power in paragraph 4(6) of new Schedule A1 to the Employment Rights Act 1996. It is equivalent to my amendment to clause 1, page 9, line 36.</p>

23

Schedule 1, page 160, line 33, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3A)</span><span class="sub-para-text">Where, by virtue of sub-paragraphs (2) and (3), a qualifying agency worker and a hirer are treated as entering into a worker’s contract on a day, and accordingly from that day the qualifying agency worker becomes a worker and the hirer becomes that worker’s employer, Chapter 2 of Part 2A applies in relation to that worker and that employer as if in section 27BA (employer’s duty to make a guaranteed hours offer) subsections (4)(a) and (5) (which provide for the initial reference period to be a reference period and define the initial reference period) were omitted.”</span></span>

<p>This amendment produces the effect that where a qualifying agency worker accepts a guaranteed hours offer from a hirer under Part 1 of new Schedule A1 to the Employment Rights Act 1996, so that (respectively) they become a worker and an employer for the purposes of new Chapter 2 of Part 2A of that Act, there will not be a new initial reference period in relation to the former agency worker.</p>

27

Schedule 2, page 191, line 31, at end insert—<br> “18A In section 192 (armed forces), in subsection (2)(e), after “103” insert “, 104BA, 104BB”.<br> 18B <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 194 (House of Lords staff) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">After subsection (2)(a) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(aza)</span><span class="sub-para-text">Part 2A, apart from Chapter 1 of that Part,”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.</span></span><br> 18C <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 195 (House of Commons staff) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">After subsection (2)(a) insert—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(aza)</span><span class="sub-para-text">Part 2A, apart from Chapter 1 of that Part,”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">In subsection (2)(c), for “and 47E” substitute “, 47E and 47H”.</span></span><br> 18D <span class="sub-para subparagraph"><span class="sub-para-num">(1)</span><span class="sub-para-text">Section 199 (mariners) is amended as follows.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(2)</span><span class="sub-para-text">In subsection (8), for paragraph (b) substitute—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">Part 2,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(bza)</span><span class="sub-para-text">Part 2A, apart from Chapter 1 of that Part,</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(bzb)</span><span class="sub-para-text">Parts 2B, 3 and 5,”.</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">After subsection (8) insert—</span></span><br> <span class="sub-para subsection sub-para-indented"><span class="sub-para-num">(9)</span><span class="sub-para-text">In the application of subsection (7) to the provisions mentioned in subsection (8)(bza), the reference in subsection (7)(b) to a contract of employment is to be read as a reference to a worker’s contract.”</span></span><br> 18E In section 200 (police officers), in subsection (1)—<br> (a) after “8 to 10,” insert “Chapters 2 to 4 of Part 2A,”;<br> (b) after “47C,” insert “47H,”.”

<p>The paragraphs inserted into Schedule 2 by this amendment make amendments of Chapter 1 of Part 13 of the Employment Rights Act 1996 (particular types of employment) that are consequential on clauses 1 to 5.</p>

156

Schedule 10, page 282, line 28, leave out “that subsection” and insert “subsection (3)”

<p>This amendment corrects an incorrect cross-reference.</p>

145

Schedule 6, page 270, line 9, at end insert—<br> “(5) Regulations made under sub-paragraph (2) that affect small or medium-sized businesses may not be made unless the Secretary of State has––<br> (a) consulted with small or medium-sized businesses and their representatives on the impacts of varying the required percentage, and whether different provision should be made for small or medium-sized businesses;<br> (b) prepared and published a review on the impact on small or medium-sized businesses of varying the required percentage, and laid a document containing that review before each House of Parliament.”

<p>This amendment and others in the name of Lord Sharpe of Epsom provide that a trade union cannot give an access request if the employer is a small or medium-sized business, unless the Secretary of State has provided for this in regulations. Such regulations (where they affect small or medium-sized businesses) may not be made before 6 April 2028, and without prior consultation and publication of an impact assessment. They also provide that the Secretary of State must consult and publish an impact assessment prior to making regulations to vary the required percentage.</p>

157

Schedule 10, page 293, line 17, at end insert—<br> “(ga) Schedule 1;”

<p>This amendment provides for the repeal of Schedule 1 to the Immigration Act 2016 as a consequence of the abolition of the Director of Labour Market Enforcement.</p>

158

Schedule 10, page 293, line 19, leave out “9, 11,”

<p>The effect of this amendment is to repeal paragraph 10 of Schedule 3 to the Immigration Act 2016, which is not needed as a result of the repeal of paragraphs 11 and 12 of that Schedule by the Bill.</p>

75

Clause 26, page 46, line 30, at end insert—<br> “(3A) Subsections (2) and (3) do not apply where—<br> (a) the proposed variation is minor,<br> (b) the variation is not detrimental to the employee’s terms and conditions, and<br> (c) the variation does not relate to pay, working hours, or location of work.”

<p>This amendment would exclude routine and non-detrimental variations from triggering automatic unfair dismissal protections.</p>

100

After Clause 26, insert the following new Clause—<br> <b>“Statutory parental leave: length and pay</b><br> (1) The Secretary of State must lay a comprehensive review of all statutory parental leave before Parliament by no later than 1 January 2027.<br> (2) Within six months of the publication of the review set out in subsection (1),the Secretary of State must by regulations increase the rate of pay for statutory parental leave and pay available to fathers and second parents in the first year after their child is born.<br> (3) By 1 January 2030, the Secretary of State must by further regulations provide for at least six weeks of non-transferable paid leave to be paid to fathers and second parents in the first year after their child is born.<br> (4) Regulations under subsection (3) must be set as a minimum at the level of—<br> (a) 90% of a father’s salary, or<br> (b) the level of median gross full-time employee earnings in the United Kingdom, defined by the ONS Annual Survey for Hours and Earnings,<br> <span class="wrapped">whichever is lower.</span><br> (5) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment seeks to improve the length and pay of leave for fathers in line with recommendations from the Women and Equalities Select Committee report ‘Equality at Work: Paternity and Shared Parental Leave’.</p>

101

After Clause 26, insert the following new Clause—<br> <b>“Publication of information about parental leave and pay policies: regulations</b><br> (1) The Secretary of State must make regulations to require any employer with more than 250 employees to publish information on the internet about the employer’s policies on parental leave and pay for parental leave.<br> (2) Regulations under subsection (1) must be published within one year of the day on which this Act is passed.<br> (3) Regulations under this section are subject to the affirmative resolution procedure.”

<p>This amendment seeks to require companies with more than 250 employees to publish information about their parental leave and pay policies.</p>

102

After Clause 26, insert the following new Clause—<br> <b>“Statutory paternity pay</b><br> In section 171ZA(2) of the Social Security Contributions and Benefits Act 1992, omit paragraphs (b) and (d).”

<p>This amendment seeks to make statutory paternity pay a day one employment right.</p>

111

After Clause 34, insert the following new Clause—<br> <b>“Employment law code of practice</b><br> (1) Within 30 months of the passage of this Act, the Secretary of State must publish a code of practice containing guidance for small and medium-sized enterprises on their legal obligations under this Act.<br> (2) It is the purpose of the document to provide clarity for smaller and medium sized enterprises on compliance with the provisions contained in this Act.<br> (3) The document must include, in particular—<br> (a) an overview of the relevant legal duties placed on employers under this Act;<br> (b) a practical framework outlining how such businesses can meet those duties;<br> (c) guidance on best practice suitable to businesses of this size.<br> (4) The Code of Practice may be updated by the Secretary of State as they see fit.”

<p>This amendment requires the Secretary of State to publish a statutory code of practice for small businesses in adhering to the employment and legal requirements of this Act.</p>

167

After Clause 150, insert the following new Clause—<br> <b>“Report: freelancers, self-employed persons and sole traders</b><br> (1) Within nine months of the day on which this Act is passed, the Secretary of State must publish a report setting out—<br> (a) fixed definitions of the following categories of workers—<br> (i) freelancers,<br> (ii) self-employed persons, and<br> (iii) sole traders,<br> (b) an assessment of how the categories of worker in subsection (1)(a) may be impacted differently by the provisions of this Act, and<br> (c) recommendations to ensure fair and equitable treatment of workers across the categories in subsection (1)(a).<br> (2) The Secretary of State must lay the report under subsection (1) before Parliament.”

<p>This probing amendment seeks to clarify how the Government defines freelancers, self-employed persons and sole traders, and to understand how this Bill may affect those categories of worker.</p>

1

Clause 1, page 2, line 9, at beginning insert “If requested by an employee,”

<p>This amendment changes the provisions in the Bill from a requirement for an employer to offer guaranteed hours to a right to request guaranteed hours by an employee.</p>

3

Clause 1, page 3, leave out lines 8 to 24 and insert—<br> “(4) For the purposes of this section, the “reference period” means the period of 26 weeks beginning with the first day of the worker’s employment.”

<p>This amendment would set the reference period for the right to guaranteed hours to 26 weeks.</p>

132

Clause 56, page 85, leave out lines 23 to 25 and insert “a panel of three members of the Committee”

133

Clause 56, page 85, leave out lines 26 to 29

134

Clause 56, page 86, leave out lines 9 to 15

10

Clause 3, page 23, line 44, at end insert—<br> “(5A) Where notice of cancellation has been given in advance of the short notice period as defined by subsection (6), the employer is not required to make payment under subsection (1).”

<p>This amendment and another in the name of Lord Goddard defines “short notice” as at least 48 hours before a shift is due to start, and clarifies that if this notice is given, the employer will not be required to make a payment under section 27BP.</p>

11

Clause 3, page 24, line 3, leave out “a specified amount of time” and insert “48 hours”

<p>This amendment and another in the name of Lord Goddard defines “short notice” as at least 48 hours before a shift is due to start, and clarifies that if this notice is given, the employer will not be required to make a payment under section 27BP.</p>

67

Leave out Schedule 3 and insert the following new Schedule—<br> <span class="num-note"><span class="num">“Schedule 3</span><span class="note">Section 23</span></span><br> <span class="schedule-heading">RIGHT NOT TO BE UNFAIRLY DISMISSED: REDUCTION OF QUALIFYING PERIOD, ETC</span><br> 1 In section 92(3) of the Employment Rights Act 1996 (right to written statement of reasons for dismissal) omit “two years” and insert “six months”.<br> 2 Section 108 of the Employment Rights Act 1996 (qualifying period of employment) is amended as follows—<br> (a) In subsection (1) omit “two years” and insert “six months”;<br> (b) In subsection (2) omit “two years” and insert “six months”.”

<p>This amendment, along with an amendment to Clause 23 tabled by Lord Vaux of Harrowden would reduce the length of the qualifying period during which an employee may not claim unfair dismissal other than for certain specific reasons for two years to six months.</p>

144

Schedule 6, page 269, line 34, at end insert “constituting at least 3 workers”

<p>This amendment seeks to avoid inadvertently putting further pressure on SMEs, by requiring further minimum thresholds for the required percentage.</p>

49

Leave out Clause 23 and insert the following new Clause—<br> <b>“Right not to be unfairly dismissed: reduction of qualifying period and introduction of initial period of employment</b><br> Schedule 3 contains provision—<br> (a) reducing the qualifying period of employment for unfair dismissal and introducing provisions in respect of an initial period of employment, and<br> (b) making further consequential amendments.”

<p>This amendment provides that the qualifying period for unfair dismissal is reduced as set out in further amendments to Schedule 3. It also provides for an initial period of employment after the qualifying period during which a modified process and different compensation limit would apply, as set out in further regulations.</p>

50

Leave out Clause 23 and insert the following new Clause—<br> <b>“Right not to be unfairly dismissed: reduction of qualifying period etc</b><br> Schedule 3 contains provision—<br> (a) amending section 108 of the Employment Rights Act 1996 (unfair dismissal: qualifying period of employment), and<br> (b) making further consequential amendment.”

<p>This amendment, along with an amendment to Schedule 3 tabled by Lord Vaux of Harrowden, would reduce the length of the qualifying period during which an employee may not claim unfair dismissal other than for certain specific reasons from two years to six months.</p>

98

After Clause 26, insert the following new Clause—<br> <b>“Right to be accompanied by a certified professional companion</b><br> (1) Section 10 of the Employment Relations Act 1999 (right to be accompanied) is amended as follows.<br> (2) In subsection (3), after paragraph (b) insert—<br> “(ba) a 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”.<br> (3) After subsection (7) insert—<br> “(8) In this section, “professional body” means any organisation which is authorised by regulations made by statutory instrument.”.<br> (4) In section 42 of the Employment Relations Act 1999 (orders and regulations), after “3,” insert “10(8),”.”

<p>This new clause would expand the right to be accompanied by a certified companion at disciplinary and grievance hearings. It would also give the Secretary of State the power to authorise such bodies by regulation, subject to the affirmative procedure, thereby ensuring parliamentary oversight.</p>

99

After Clause 26, insert the following new Clause—<br> <b>“Right to be accompanied</b><br> (1) Section 10 of the Employment Relations Act 1999 (right to be accompanied) is amended as follows.<br> (2) Omit subsection (2A)(b).<br> (3) Omit subsection (3).”

<p>This new Clause removes the restriction of a trade union as only being those who may accompany a worker. This will allow any person the worker chooses to accompany the worker; for example, family, friends, professionals from the relevant industry etc. It retains the provision that the worker may only be accompanied by one companion.</p>

159

After Clause 150, insert the following new Clause—<br> <b>“Disapplication for businesses with fewer than 50 employees</b><br> None of the amendments made by sections 1 to 6, 8 to 13, 27, 55, 56 or 62 apply to businesses with fewer than 50 employees.”

<p>This amendment seeks to disapply specific provisions of the Bill for businesses with fewer than 50 employees.</p>

161

After Clause 150, insert the following new Clause—<br> <b>“Definition of “freelancer”</b><br> After section 230 of the Employment Rights Act 1996 (employees, workers etc) insert—<br> <b>“230A</b> <b>Definition of “freelancer”</b><br> (1) For the purposes of this Act, a “freelancer” means an individual who is engaged to work by a company directly on flexible contracts, through their own company or through other companies on a short-term basis, and who is typically responsible for their own tax and national insurance contributions and is not entitled to the same employment rights as employees.<br> (2) The Secretary of State may, by regulations, issue further guidance on the factors to be considered when determining whether an individual is a “freelancer” for the purposes of this Act, taking into account evolving working practices and relevant case law.””

<p>This amendment provides a definition of a freelancer.</p>

162

After Clause 150, insert the following new Clause—<br> <b>“Duty to consider freelancer workforce</b><br> After section 230 of the Employment Rights Act 1996 (employees, workers etc) insert—<br> <b>“230A</b> <b>Duty to consider freelancer workforce</b><br> (1) When formulating new policies or regulations that may impact the workforce, relevant government departments, including but not limited to the Department for Business and Trade, the Department for Work and Pensions, and the Department for Culture, Media and Sport, must have due regard to the specific needs and circumstances of the freelancer workforce, as defined in section 230A.<br> (2) The Freelance Commissioner must be consulted during the development of any such policies or regulations to provide expert advice on their potential impact on freelancers.””

<p>This amendment places a duty on government departments to consider the needs of freelancers when developing new policies and regulations.</p>

53

Schedule 3, page 196, line 29, after “employment” insert “beginning with the day after the employee has been continuously employed for the period set out in section 108(1) of the Employment Rights Act 1996”

<p>This amendment provides that the initial period of employment begins after the qualifying period for unfair dismissal.</p>

None

Leave out Schedule 3 and insert the following new Schedule- "SCHEDULE 3 Section 23 RIGHT NOT TO BE UNFAIRLY DISMISSED: REDUCTION OF QUALIFYING PERIOD, ETC 1 In section 92(3) of the Employment Rights Act 1996 (right to written statement of reasons for dismissal) omit “two years” and insert “six months”.

None

After Clause 150, insert the following new Clause- "Independent Freelance Commissioner (1) There is to be an office known as the Office of the Freelance Commissioner. (2) The Office in subsection (1) must be established by the Secretary of State by regulations three months after the day on which this Act is passed. (3) The Office of the Freelance Commissioner will be led by an individual appointed by the Secretary of State titled the “Independent Freelance Commissioner”. (4) The role in subsection (3) is referred to as the “Freelance Commissioner”. (5) The Freelance Commissioner may appoint staff to the Office of the Freelance Commissioner they consider necessary for assisting in the exercise of their functions in subsection (6). (6) The Freelance Commissioner is responsible for (a) representing the interests of freelance workers in the application of employment rights under this Act,

None

After Clause 150, insert the following new Clause- "Ministerial responsibility for managing the impact of this Act on freelancers (1) The Prime Minister must specify a Minister of the Crown to be responsible for managing the impact of provisions in this Act on freelancers. (2) The Minister appointed by virtue of subsection (1) is responsible for - (a) representing the interests of freelance workers in the application of employment rights under this Act, (b) ensuring fair treatment of freelance workers across different sectors, (c) regularly engaging with sectors with high proportions of freelance workers about the application of provisions of this Act, (d) gathering and analysing data about the freelance workforce, (e) identifying issues and finding solutions to challenges faced by freelance workers as a result of provisions in this Act, (f) assessing the need for changes to employment rights for freelance workers, and (g) ensuring that relevant government departments, including but not limited to the Department for Business and Trade, the Department for Work and

73

Clause 26, page 46, line 30, at end insert—<br> “(3A) Subsection (1) does not apply in relation to an employee if the employer shows that the variation would not result in a reduction of the employee’s pay and benefits.”

<p>This amendment seeks to ensure that dismissal after a refusal to accept a variation cannot be considered unfair if the variation does not entail reduced pay and benefits.</p>

51

Schedule 3, page 194, line 24, leave out paragraphs 1 and 2 and insert—<br> “1 Section 108 of the Employment Rights Act 1996 (qualifying period of employment) is amended as follows—<br> (a) in subsection (1) omit “two years” and insert “six months”;<br> (b) after subsection (5), insert—<br> “(6) Subsection (1) does not apply if section 4(3)(b) of the Rehabilitation of Offenders Act 1974 (read with any order made under section 4(4) of that Act) applies.”.”

<p>This amendment reduces the qualifying period for unfair dismissal from two years to six months, leaving in place the existing exceptions to that qualifying period in section 108(3) of the Employment Rights Act and adding a new exception in relation to spent convictions.</p>

28

Clause 10, page 38, line 12, leave out paragraph (b) and insert—<br> “(b) in subsection (2), for “four” substitute “two”.”

<p>This amendment preserves a minimum one-day waiting period for statutory sick pay, by reducing the qualifying threshold from four days to two, rather than introducing a day-one entitlement.</p>

29

Clause 11, page 38, line 30, at end insert—<br> “(4) This section does not apply to an employer who maintains a contractual sick pay scheme that pays at a rate equal to or greater than 80% of the employee’s normal weekly earnings.”

<p>This amendment exempts employers from the statutory sick pay requirement if they already provide a contractual scheme that pays at least 80% of normal weekly earnings.</p>

166

After Clause 150, insert the following new Clause—<br> <b>“Review of impact on small businesses</b><br> (1) The Secretary of State must conduct a review of the impact of this Act on small businesses.<br> (2) The review must be carried out no later than 18 months after the day on which this Act is passed.<br> (3) The Secretary of State must publish the findings of the review within three months of its completion.<br> (4) In this section, “small business” means a business that employs fewer than 50 employees.”

<p>This new clause requires the Secretary of State to conduct and publish a review of the impact of the Act on small businesses within 18 months of its passage.</p>

95

After Clause 26, insert the following new Clause—<br> <b>“Protected disclosures and the Office of the Whistleblower</b><br> (1) The Employment Rights Act 1996 is amended as follows.<br> (2) For section 43A (meaning of “protected disclosure”) substitute—<br> <b>“43A</b> <b>Meaning of “protected disclosure”</b><br> In this Act a “protected disclosure” means any disclosure of information which is made in the public interest to persons specified in section 43C(1), and which is a qualifying disclosure under section 43C(1), which relates to one or more of the matters in section 43B(1) and which relates to a circumstance which has occurred, is occurring or may occur.”<br> (3) In section 43B (disclosures qualifying for protection), for subsection (1) substitute—<br> “(1) In this Part, a qualifying disclosure means any disclosure of information which relates to—<br> (a) a criminal offence or regulatory breach;<br> (b) the failure of any person including a relevant person to comply with a legal obligation;<br> (c) a miscarriage of justice;<br> (d) the endangering of the health or safety of any person;<br> (e) damage to the environment;<br> (f) mismanagement of public funds;<br> (g) misuse or abuse of authority;<br> (h) such other matters as may be prescribed in regulations made by the Secretary of State;<br> (i) concealment of information or removal or deletion or destruction of any documents relating to the above matters.”<br> (4) In section 43C (disclosure to employer or other responsible person), for subsection (1) substitute—<br> “(1) The persons referred to in section 43A are—<br> (a) the Office of the Whistleblower;<br> (b) a relevant person;<br> (c) a person who, in the reasonable belief of the person making the disclosure is a relevant person;<br> (d) a person to whom it is reasonable for the person making the disclosure to make that disclosure.”<br> (5) After section 43C, insert the following new section—<br> <b>“43CA</b> <b>Disclosure to the Office of the Whistleblower</b><br> (1) The Secretary of State must, by regulations made by statutory instrument, within one year after the day on which the Employment Rights Act 2025 is passed, establish a body corporate called the Office of the Whistleblower (hereafter referred to as “the Office”).<br> (2) The principal duty of the Office is to protect whistleblowers and have oversight of the process of whistleblowing.<br> (3) The functions of the Office are to—<br> (a) set minimum standards for whistleblowing policies, procedures and reporting structures;<br> (b) monitor and enforce compliance with those standards;<br> (c) provide an independent disclosure and reporting service;<br> (d) provide support for whistleblowers;<br> (e) bring actions for the offence specified in subsection (6) including action notices, redress orders and interim relief orders which may be appealed to the First-tier Tribunal;<br> (f) prevent the exercise of Confidentiality Agreements and Non-Disclosure Agreements except where non-disclosure is for purposes of commercial confidentiality orto provide whistleblower anonymity.<br> (4) For the purposes of this Act, a person is a “whistleblower” if they are a worker who has made, makes or is intending to make a protected disclosure or is perceived by a relevant person to have made, be making or intend to make a protected disclosure, related to their employment.<br> (5) Any whistleblower who is dismissed from their employment may refer their case to the Office of the Whistleblower, regardless of whether whistleblowing is cited as a cause of their dismissal.<br> (6) A person who intentionally or recklessly submits a whistleblower to detriment is guilty of an offence.<br> (7) For the purposes of this section, the maximum amount of the fine shall be—<br> (a) in the case of an individual, 10% of their gross annual income, not exceeding £50,000;<br> (b) in any other case, an amount not exceeding 10% of the entity’s annual global turnover.<br> (8) Cases arising from subsection (6) are to be heard by the Employment Tribunal.<br> (9) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.””

<p>This amendment establishes the Office of the Whistleblower to protect whistleblowers, oversee whistleblowing processes, and enforce compliance with reporting standards. It also allows dismissed whistleblowers to refer their cases to the Office and expands the definition of protected disclosures to cover various public interest concerns, including criminal offences and mismanagement of public funds.</p>

96

After Clause 26, insert the following new Clause—<br> <b>“Regulations to protect whistleblowers</b><br> (1) The Secretary of State must, by regulations, make provision to—<br> (a) extend the circumstances in which an employee is considered unfairly dismissed after making a protected disclosure, and<br> (b) require employers to take reasonable steps to investigate any disclosure made to them under section 43C of the Employment Rights Act 1996.<br> (2) Regulations made under subsection 1 apply to any employer with—<br> (a) 50 or more employees,<br> (b) an annual business turnover or annual balance sheet total of £10 million or more,<br> (c) operations in financial services, or<br> (d) vulnerabilities in other respects to money laundering or terrorist financing.<br> (3) When making regulations under subsection (1)(b), the Secretary of State must set out in statutory guidance what “reasonable steps” should include.<br> (4) The Secretary of State must make regulations under this section within six months of the day on which this Act is passed.<br> (5) Regulations under this section are subject to the negative resolution procedure.”

<p>This new clause requires the Secretary of State to make regulations strengthening whistleblower protections by broadening unfair dismissal grounds and obliging certain employers to take reasonable steps to investigate protected disclosures.</p>

97

After Clause 26, insert the following new Clause—<br> <b>“Serious childhood illness pay and leave</b><br> The Secretary of State must, by regulations made by statutory instrument subject to the affirmative resolution procedure, amend section 171ZZ16 (entitlement) of the Social Security Contributions and Benefits Act 1992 and section 80EF (neonatal care leave) of the Employment Rights Act 1996 so that the provisions in those sections extend to parents caring for a child up to the age of 16.”

<p>This amendment introduces a right for parents to be absent from work for a prescribed period, and to be paid during that period at a prescribed rate, to care for a child between the ages of 29 days and 16 years who is receiving, or has received, specified types of medical or palliative care.</p>

149

Clause 65, page 96, line 26, leave out paragraph (b)

<p>This amendment would maintain the 50% threshold requirement in section 226(2)(a) of the 1992 Act for industrial action decisions. This represents a balance between protecting workers' rights while ensuring industrial action has broad workforce support.</p>

42

After Clause 18, insert the following new Clause—<br> <b>“Special constables: right to time off for public duties</b><br> (1) The Employment Rights Act 1996 is amended is follows.<br> (2) In section 50 (Right to time off for public duties), after subsection (1) insert—<br> “(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee’s working hours for the purpose of performing their duties.<br> (1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.”.”

<p>This new clause gives employees who are special constables the right to time off to carry out their police duties.</p>

135

Schedule 6, page 227, line 12, leave out sub-paragraphs (3) and (4)

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

136

Schedule 6, page 227, line 22, leave out sub-paragraphs (6) and (7)

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

137

Schedule 6, page 241, line 16, leave out “the required percentage (see paragraph 171B)” and insert “10 per cent”

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

138

Schedule 6, page 243, line 10, leave out “the required percentage (see paragraph 171B)” with “10 per cent”

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

139

Schedule 6, page 244, line 12, leave out paragraph 34

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

140

Schedule 6, page 254, line 22, leave out “the required percentage (see paragraph 171B)” and insert “10 per cent”

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

141

Schedule 6, page 254, line 26, leave out “the required percentage” and insert “10 per cent”

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

142

Schedule 6, page 254, line 36, leave out “the required percentage” and insert “10 per cent”

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

143

Schedule 6, page 269, line 32, leave out paragraph 65

<p>This amendment and others in the name of Lord Sharpe maintain the existing 10% membership threshold for union recognition applications by removing provisions that would have allowed this threshold to be modified through secondary legislation.</p>

94

After Clause 26, insert the following new Clause—<br> <b>“Part 1 exemptions</b><br> (1) The Secretary of State may by regulations specify that specified categories of person shall be exempt in whole or in part from all or any of the provisions of Part 1 of this Act.<br> (2) Regulations may provide that exemptions apply for a specified period of time.<br> (3) The categories of person exempted by regulations may be defined by the activities which they carry out, their size, their legal status or in any other way that the Secretary of State considers appropriate.<br> (4) Regulations made under this section are subject to the affirmative procedure.”

31

After Clause 17, insert the following new Clause—<br> <b>“Kinship care leave</b><br> (1) The Employment Rights Act 1996 is amended as follows.<br> (2) After section 80EI insert—<br> “Chapter 5A<br> <b>Kinship care leave</b><br> <b>80EJ</b> <b>Kinship care leave</b><br> (1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to an eligible kinship care arrangement with a child.<br> (2) The regulations must include provision for determining—<br> (a) the extent of an employee’s entitlement to leave under this section in respect of a child;<br> (b) when leave under this section may be taken.<br> (3) Provision under subsection (2)(a) must secure that—<br> (a) where only one employee is entitled to leave under this section in respect of a given child, the employee is entitled to at least 52 weeks’ leave;<br> (b) where more than one employee is entitled to leave under this section in respect of the same child, those employees are entitled to share at least 52 weeks’ leave between them.<br> (4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—<br> (a) at least one year, and<br> (b) until the child being cared for attains the age of 18.<br> (5) For the purposes of this Chapter, “eligible kinship care arrangement” means—<br> (a) special guardianship,<br> (b) a kinship child arrangement,<br> (c) a private fostering arrangement, or<br> (d) a private family arrangement,<br> <span class="wrapped">within the meaning given by section (<i>Meaning of “kinship care”</i>) of the Employment Rights Act 2025.</span><br> (6) The regulations may make provision about how leave under this section is to be taken.<br> (7) In this section—<br> (a) “special guardianship” , “kinship child arrangement”, “private fostering arrangement” and “private family arrangement” have the same meanings as in section (<i>Meaning of “kinship care”</i>) of the Employment Rights Act 2025.<br> (b) “week” means any period of seven days.<br> <b>80EK</b> <b>Rights during and after kinship care leave</b><br> (1) Regulations under section 80EJ must provide—<br> (a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,<br> (b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and<br> (c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EL.<br> (2) The reference in subsection (1)(c) to absence on leave under section 80EJ includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—<br> (a) maternity leave;<br> (b) paternity leave;<br> (c) adoption leave;<br> (d) shared parental leave;<br> (e) parental leave;<br> (f) parental bereavement leave.<br> (3) In subsection (1)(a), “terms and conditions of employment”—<br> (a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but<br> (b) does not include terms and conditions about remuneration.<br> (4) Regulations under section 80EJ may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.<br> (5) Regulations under section 80EJ may make provision, in relation to the right to return mentioned in subsection (1)(c), about—<br> (a) seniority, pension rights and similar rights;<br> (b) terms and conditions of employment on return.<br> <b>80EL</b> <b>Special cases</b><br> (1) Regulations under section 80EJ may make provision about—<br> (a) redundancy during or after a period of leave under that section, or<br> (b) dismissal (other than by reason of redundancy) during a period of leave under that section.<br> (2) Provision by virtue of subsection (1) may include—<br> (a) provision requiring an employer to offer alternative employment;<br> (b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).<br> <b>80EM</b> <b>Chapter 5A: supplemental</b><br> (1) Regulations under section 80EJ may—<br> (a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;<br> (b) make provision requiring employers or employees to keep records;<br> (c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;<br> (d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);<br> (e) make special provision for cases where an employee has a right which corresponds to a right under section 80EJ and which arises under the person’s contract of employment or otherwise;<br> (f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80EJ;<br> (g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EJ;<br> (h) make different provision for different cases or circumstances;<br> (i) make consequential provision.<br> (2) The cases or circumstances mentioned in subsection (1)(h) include—<br> (a) more than one child being subject to the same eligible kinship care arrangement, and<br> (b) a child being subject to an eligible kinship care arrangement on two or more separate occasions,<br> <span class="wrapped">and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.</span><br> (3) The Secretary of State may by regulations make provision for some or all of a period of kinship care leave to be paid.””

<p>This amendment inserts provision which sets out an entitlement to kinship care leave.</p>

32

After Clause 17, insert the following new Clause—<br> <b>“Meaning of kinship care</b><br> (1) This section defines “kinship care” for the purposes of sections 80EF to 80EI of the Employment Rights Act 1996 (inserted by section (<i>Kinship care leave</i>) of this Act).<br> (2) Kinship care describes an arrangement where a child is raised by a friend, relative or extended family member other than a parent.<br> (3) Subsections (3) to (8) set out the arrangements that are recognised as being types of kinship care.<br> (4) An arrangement where a child is adopted (within the meaning of Chapter 4 of the Adoption and Children Act 2002) by a friend, relative or extended family member (“kinship adoption”).<br> (5) An arrangement where—<br> (a) a child is looked after by a local authority (within the meaning of section 22 of the Children Act 1989), and<br> (b) a friend, relative or extended family member of that child is approved by the local authority to be a foster carer for that child (“kinship foster care”).<br> (6) An arrangement created by a special guardianship order pursuant to section 14A of the Children Act 1989 (“special guardianship”).<br> (7) An arrangement created by a child arrangements order pursuant to section 8 of the Children Act 1989 where the court orders that a child is to live predominantly with a friend, relative or extended family member of that child (“kinship child arrangement”).<br> (8) An arrangement where a child is fostered privately (within the meaning of section 66 of the Children Act 1989) by a friend or extended family member (“private fostering arrangement”).<br> (9) Any other arrangement where a child is cared for, and provided with accommodation in their own home—<br> (a) by a relative of the child, other than—<br> (i) a parent of the child, or<br> (ii) a person who is not a parent of the child but who has parental responsibility for the child, and<br> (b) where the arrangement has lasted, or is intended to last, for at least 28 days (“private family arrangement”).”

<p>This new clause is linked to the new clause about kinship care leave.</p>

154

Leave out Clause 113

165

After Clause 150, insert the following new Clause—<br> <b>“Ministerial responsibility for assessing and acting on the impact of this Act on freelancers</b><br> (1) The Prime Minister must specify a Minister of the Crown to be responsible for assessing the impact of provisions in this Act on freelancers.<br> (2) The Minister appointed by virtue of subsection (1) is responsible for—<br> (a) analysing available data about the freelance workforce,<br> (b) engaging with sectors with high proportions of freelance workers about the application of provisions of this Act,<br> (c) identifying issues and recommending necessary changes to improve employment rights for freelance workers.<br> (3) Following an assessment under subsection (2), the Minister must take steps to—<br> (a) represent the interests of freelance workers in the application of employment rights under this Act,<br> (b) ensure fair treatment of freelance workers across different sectors,<br> (c) ensure that relevant government departments, including but not limited to the—<br> (i) Department for Business and Trade,<br> (ii) Department for Work and Pensions,<br> (iii) Department for Culture, Media and Sport,<br> (iv) Department for Education, and<br> (v) Department for Science, Innovation and Technology,<br> <span class="wrapped">have due regard to the specific needs and circumstances of the freelance workforce.</span><br> (4) The Minister must publish reports on the discharge of their functions set out in subsections (2) and (3) and lay this report before Parliament.<br> (5) For the purposes of this section, a “freelancer” means an individual who is engaged to work by a company directly on flexible contracts, through their own company or through other companies on a short-term basis, and who is typically responsible for their own tax and national insurance contributions and is not entitled to the same employment rights as employees.<br> (6) The Secretary of State may, by regulations subject to the negative procedure, issue further guidance on the factors to be considered when determining whether an individual is a “freelancer” for the purposes of this Act, taking into account evolving working practices and relevant case law.”

<p>This amendment creates a dedicated ministerial position responsible for managing the impact of employment legislation on freelancers and makes provisions for relevant duties and responsibilities.</p>

160

After Clause 150, insert the following new Clause—<br> <b>“Independent Freelance Commissioner</b><br> (1) There is to be an office known as the Office of the Freelance Commissioner.<br> (2) The Office in subsection (1) must be established by the Secretary of State by regulations three months after the day on which this Act is passed.<br> (3) The Office of the Freelance Commissioner will be led by an individual appointed by the Secretary of State titled the “Independent Freelance Commissioner”.<br> (4) The role in subsection (3) is referred to as the “Freelance Commissioner”.<br> (5) The Freelance Commissioner may appoint staff to the Office of the Freelance Commissioner they consider necessary for assisting in the exercise of their functions in subsection (6).<br> (6) The Freelance Commissioner is responsible for—<br> (a) representing the interests of freelance workers in the application of employment rights under this Act,<br> (b) ensuring fair treatment of freelance workers across different sectors,<br> (c) regularly engaging with sectors with high proportions of freelance workers about the application of provisions of this Act,<br> (d) gathering and analysing data about the freelance workforce,<br> (e) identifying issues and finding solutions to challenges faced by freelance workers as a result of provisions in this Act, and<br> (f) ensuring that the duty to consider the freelancer workforce under section <i>(Duty to consider freelancer workforce)</i> of the Employment Rights Act 1996 is discharged properly.<br> (7) The Freelance Commissioner must publish an annual report on the discharge of their functions set out in subsection (6) and lay this report before Parliament.<br> (8) For this purpose of this section, a freelancer is defined according to section <i>(definition of “freelancer”) </i>of the Employment Rights Act 1996.<br> (9) Regulations under this section are subject to the negative resolution procedure.”

<p>This amendment establishes the office of the Freelance Commissioner and makes provisions for relevant duties and responsibilities.</p>

163

After Clause 150, insert the following new Clause—<br> <b>“Impact assessment: arts and cultural organisations</b><br> Within 12 months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of provisions in this Act on arts and cultural organisations.”

<p>This amendment mandates the government to assess the financial impact of new employment protections on arts and cultural organisations.</p>

164

After Clause 150, insert the following new Clause—<br> <b>“Independent review board</b><br> (1) Within six months of the day on which this Act is passed, the Secretary of State must establish an independent review board to monitor the impact of changes made to employment rights by this Act on the arts and cultural sector.<br> (2) The independent review board must—<br> (a) conduct annual impact assessments, including consideration of employment rates and sector growth,<br> (b) recommend policy adjustments if evidence shows that changes to employment rights made by this Act are leading to unintended consequences, and<br> (c) hear representations from trade unions, the arts and cultural sector and any other such persons they see fit.”

<p>This amendment establishes an independent review board to monitor the real-world impact of employment reforms on cultural institutions through annual assessments and policy recommendations, ensuring that new regulations can be adjusted if they lead to unintended consequences such as job losses or organisational closures.</p>

[<i>Withdrawn</i>]<br>Clause 1, page 2, line 8, leave out “be offered” and insert “request”

<p>This amendment changes the provisions in the Bill from a requirement for an employer to offer guaranteed hours to a right to request guaranteed hours by an employee.</p>

[<i>Withdrawn</i>]<br>Clause 1, page 2, line 10, leave out from “27BB” to end of line 14 and insert “if the worker requests it”

<p>This amendment changes the provisions in the Bill from a requirement for an employer to offer guaranteed hours to a right to request guaranteed hours by an employee.</p>

74

Clause 26, page 46, line 30, at end insert—<br> “(3A) Subsection (1) does not apply if the variation concerns the employee’s place of work and section 139(1)(a) (ii) or 139(1)(b)(ii) (redundancy: ceasing to carry on business) applies.”

<p>This amendment clarifies that dismissals amounting to a place of work redundancy are not to be treated as automatically unfair.</p>

88

Clause 26, page 47, line 34, after “with” insert “subsection (3A) and”

<p>This amendment clarifies that dismissals amounting to a place of work redundancy are not to be treated as automatically unfair.</p>

148

Clause 65, page 96, line 23, leave out subsection (2)

<p>This probing amendment would reinstate the 50% threshold requirement for industrial action to be voted on by a trade union and seeks to probe whether the Government perceives a risk to the democratic integrity of trade union ballots for industrial action as a result of the provisions to remove the 50% requirement.</p>

4

Clause 1, page 3, line 21, leave out “with the specified day” and insert “26 weeks after the day on which the period began”

<p>This amendment would set the initial reference period for the right to guaranteed hours to 26 weeks.</p>

5

Clause 1, page 3, line 23, leave out “beginning and ending with the specified days” and insert “of 26 weeks”

<p>This amendment would set the initial reference period for the right to guaranteed hours to 26 weeks.</p>

54

Schedule 3, page 196, line 33, leave out “on or before the last day of” and insert “during”

<p>This amendment is consequential on another in the name of Lord Sharpe of Epsom which provides that the initial period of employment begins after the qualifying period for unfair dismissal.</p>

55

Schedule 3, page 197, line 31, leave out from beginning to end of line 2 on page 198

<p>This amendment provides that the initial period of employment begins after the qualifying period for unfair dismissal.</p>

56

Schedule 3, page 198, line 10, leave out paragraphs (b) and (c)

<p>This amendment provides that the initial period of employment begins after the qualifying period for unfair dismissal.</p>

57

Schedule 3, page 198, line 20, after “occurs” insert “before the employee has been continuously employed for the period set out in section 108(1) or”

<p>This amendment provides that an employee is not entitled to a written statement of reasons for dismissal if the employee is dismissed during either the qualifying period for unfair dismissal or the initial period of employment.</p>

58

Schedule 3, page 198, line 27, after “substitute” insert “she has been continuously employed for any period or”

<p>This amendment is consequential on other amendments to Schedule 3 by Lord Sharpe of Epsom and provides that an employee is entitled to a written statement of reasons for dismissal if dismissed when pregnant or on maternity leave, regardless of length of service.</p>

59

Schedule 3, page 198, line 30, after “substitute” insert “he has been continuously employed for any period or”

<p>This amendment is consequential on other amendments to Schedule 3 tabled by Lord Sharpe of Epsom and provides that an employee is entitled to a written statement of reasons for dismissal if dismissed when on adoption leave, regardless of length of service.</p>

60

Schedule 3, page 198, line 32, leave out sub-paragraphs (3) and (4)

<p>These amendments are consequential on others to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

61

Schedule 3, page 198, line 39, leave out sub-paragraphs (6) to (10)

<p>These amendments are consequential on others to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

62

Schedule 3, page 199, line 12, leave out paragraph 7

<p>These amendments are consequential on other amendments to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

63

Schedule 3, page 199, line 22, leave out sub-paragraph (2)

<p>These amendments are consequential on other amendments to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

64

Schedule 3, page 199, line 38, leave out paragraphs (b) to (d)

<p>These amendments are consequential on other amendments to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

65

Schedule 3, page 200, line 1, leave out paragraph 11

<p>These amendments are consequential other amendments to for Schedule 3 in the name of Lord Sharpe of Epsom.</p>

66

Schedule 3, page 200, leave out lines 11 to 22

<p>These amendments are consequential on other amendments to Schedule 3 in the name of Lord Sharpe of Epsom.</p>

None

Leave out Clause 23 and insert - "Right not to be unfairly dismissed: reduction of qualifying period and introduction of initial period of employment Schedule 3 contains provision- (a) reducing the qualifying period of employment for unfair dismissal and introducing provisions in respect of an initial period of employment, and (b) making further consequential amendments.”

None

After Clause 150, insert the following new Clause- "Disapplication for businesses with fewer than 50 employees None of the amendments made by sections 1 to 6, 8 to 13, 27, 55, 56 or 62 apply to businesses with fewer than 50 employees."

None

After Clause 150, insert the following new Clause- "Definition of "freelancer" After section 230 of the Employment Rights Act 1996 (employees, workers etc) insert - "230A Definition of "freelancer" (1) For the purposes of this Act, a “freelancer” means an individual who is engaged to work by a company directly on flexible contracts, through their own company or through other companies on a short-term basis, and who is typically responsible for their own tax and national insurance contributions and is not entitled to the same employment rights as employees. (2) The Secretary of State may, by regulations, issue further guidance on the factors to be considered when determining whether an individual is a “freelancer” for the purposes of this Act, taking into account evolving working practices and relevant case law.”””

None

After Clause 150, insert the following new Clause- "Duty to consider freelancer workforce After section 230 of the Employment Rights Act 1996 (employees, workers etc) insert- "230A Duty to consider freelancer workforce (1) When formulating new policies or regulations that may impact the workforce, relevant government departments, including but not limited to the Department for Business and Trade, the Department for Work and Pensions, and the Department for Culture, Media and Sport, must have due regard to the specific needs and circumstances of the freelancer workforce, as defined in section 230A. (2) The Freelance Commissioner must be consulted during the development of any such policies or regulations to provide expert advice on their potential impact on freelancers.””””

None

Schedule 3, page 194, line 24, leave out paragraphs 1 and 2 and insert- "1 Section 108 of the Employment Rights Act 1996 (qualifying period of employment) is amended as follows- (a) in subsection (1) omit “two years” and insert “six months”; (b) after subsection (5), insert – “(6) Subsection (1) does not apply if section 4(3)(b) of the Rehabilitation of Offenders Act 1974 (read with any order made under section 4(4) of that Act) applies.””

329B

Clause 156, page 150, line 12, leave out subsections (1) to (4) and insert—<br> “(1) This section comes into force on the day on which this Act is passed.<br> (2) The rest of this Act comes into force when the Secretary of State lays before Parliament a comprehensive impact assessment of any regulatory burden, financial costs, and practical effects on employers and employees arising from this Act.”

330BA

Clause 156, page 150, line 18, leave out paragraphs (a) to (c)

<p>This amendment (and another in the name of Lord Leigh of Hurley) seeks to delay the commencement of provision relating to political funds until the Secretary of State has laid a comprehensive impact assessment before Parliament which addresses any risks, such as misuse and lack of transparency.</p>

330E

Clause 156, page 151, line 2, at end insert—<br> “(2A) Sections 58, 59 and 60 (trade union finances) come into force no earlier than the end of the period of two months beginning with the day on which this Act has passed and when the Secretary of State has—<br> (a) commissioned and laid before Parliament a comprehensive impact assessment of sections 58, 59 and 60, including any risks of misuse or lack of transparency in the use of political funds,<br> (b) published a plan setting out specific measures to ensure transparency, member consent, and safeguards against corruption or misuse of political funds, and<br> (c) laid before Parliament a written ministerial statement specifying oversight and audit mechanisms that will govern political funds made by virtue of this Act.”

<p>This amendment (and another in the name of Lord Leigh of Hurley) seeks to delay the commencement of provision relating to political funds until the Secretary of State has laid a comprehensive impact assessment before Parliament which addresses any risks, such as misuse and lack of transparency.</p>

324A

Clause 151, page 147, line 31, leave out subsection (2)

324B

Clause 151, page 148, line 6, leave out paragraph (d)

324C

Clause 151, page 148, line 9, leave out “negative” and insert “affirmative”

326B

Clause 154, page 149, line 25, leave out “or by a government department”

329A

Clause 156, page 150, line 12, leave out subsections (1) to (4) and insert—<br> “(1) This section comes into force on the day on which this Act is passed.<br> (2) The remainder of this Act may not come into force until the Secretary of State has consulted with small and medium sized enterprises and their representatives on the potential impacts of this Act.<br> (3) For the purposes of this section, small and medium sized enterprises are defined as according to the Procurement Act 2023.<br> (4) The representatives under subsection (2) are the—<br> (a) British Chambers of Commerce,<br> (b) Institute of Directors,<br> (c) Confederation of British Industry,<br> (d) British Retail Consortium,<br> (e) Federation of Small Businesses, and<br> (f) Entrepreneurs Network.”

323E

After Clause 150, insert the following new Clause—<br> <b>“Substitution clauses and the definition of “worker” in app-based work</b><br> (1) The Employment Rights Act 1996 is amended as follows.<br> (2) After section 207B, insert—<br> <i class="text-centre">“Substitution</i><br> <b>207C</b> <b>Prohibition of substitution clauses in platform-based logistics work</b><br> (1) A relevant company must not include a clause in its contractor agreements that permits substitution in the performance of services, unless—<br> (a) the company can demonstrate that such substitution is operationally viable and genuinely offered to all contractors, and<br> (b) the identity of any substitute is subject to the same training, vetting and approval standards as a directly contracted individual.<br> (2) A clause purporting to allow substitution that fails to meet the criteria in subsection (1) shall be unenforceable and void, and the individual shall be treated as a worker under section 230(3).<br> (3) In this section—<br> “dependent contractor” means a person who—<br> (a) performs services arranged through the company’s platform;<br> (b) is paid per task or service delivered;<br> (c) is not classified as an employee or worker by the company;<br> “relevant company” means a company that—<br> (a) provides services in relation to food and beverage delivery, postal and courier operations, or private hire transport via a digital or app-based platform, and<br> (b) engages more than 250 workers or dependent contractors globally.<br> (4) A clause purporting to allow substitution that fails to meet the criteria in subsection (1) shall be unenforceable and void, and the individual shall be treated as a worker under section 230(3).”<br> (3) In section 230 (employees and workers), after subsection (3), insert—<br> “(3A) For the purposes of subsection (3)(b), a requirement to perform work personally shall be deemed to exist unless the right to substitute—<br> (a) is genuine, exercised in practice, and not fettered by contractual or practical limitations imposed by the contracting entity,<br> (b) is not subject to prior approval or vetting by the company, either directly or indirectly, and<br> (c) forms a meaningful part of the way in which services are actually delivered.<br> (3B) Where the work involves the use of a digital platform to allocate real-time, location-based tasks in sectors including—<br> (a) food and beverage delivery,<br> (b) postal and courier services, and<br> (c) taxi and private hire operations,<br> <span class="wrapped">any contractual clause purporting to allow for substitution shall be treated as void and of no effect, unless the company can demonstrate that the right of substitution is genuine, practical, and routinely exercised.</span><br> (3C) A substitution clause in a contract for services of the type described in subsection (3B) shall not, by itself, be sufficient to establish that an individual is not a worker.””

330D

Clause 156, page 151, line 2, at end insert—<br> “(2A) Section 149 (Increase for time limits in making claims) may only be commenced after the Senior President of Tribunals has certified to the Secretary of State that the Employment Tribunal system has sufficient capacity to accommodate the expected increase in caseloads without materially affecting average hearing times.”

<p>This amendment prevents the commencement of Clause 149—which extends time limits for employment tribunal claims—until the Senior President of Tribunals certifies to the Secretary of State that the tribunal system has adequate capacity to manage the anticipated increase in caseloads.</p>

334A

Clause 156, page 153, line 2, at end insert—<br> “(2A) Section 149 (Increase for time limits in making claims) may not come into force until the Secretary of State has laid before Parliament a report assessing the impact of the increased time limits on employment tribunal caseloads and has set out additional measures to mitigate any expected delays.”

<p>This amendment ensures implementation only occurs once the tribunal system is demonstrably ready.</p>

218D

Clause 59, page 87, line 26, at end insert—<br> “(za) on the day that person is admitted as a member of the union;”

<p>This amendment requires a trade union to provide each person with an opt-out information notice on or before the day the person is admitted as a member of the union.</p>

223A

Clause 59, page 87, line 42, at end insert—<br> “(3A) An opt-out information notice must be—<br> (a) set out in plain, intelligible language;<br> (b) presented prominently and separately from any other information provided to members;<br> (c) accompanied by a concise summary explaining the implications of contributing to the political fund and the effect of opting out;<br> (d) provided in any medium in which the union regularly communicates with members, including paper and electronic formats.”

<p>This amendment requires a trade union to provide an opt-out information notice to members in clear and simple language. The notice must be presented prominently, separate from other communications, and include a brief summary explaining political fund contributions and opting out. It must be given in all formats used regularly by the union to ensure all members can access it.</p>

223B

Clause 59, page 88, line 24, at end insert—<br> “(10) The Certification Officer may conduct audits of trade unions to assess compliance with this section.<br> (11) Following an audit by the Certification Officer, where non-compliance is found, the Certification Officer must issue directions requiring the union to remedy any failure within a specified timeframe.”

<p>This amendment empowers the Certification Officer to audit trade unions to check compliance with opt-out rules.</p>

213B

Clause 56, page 78, line 40 at end insert—<br> “(i) the method, frequency, and timing of the access requested;<br> (j) whether the purpose of access could reasonably be achieved by alternative means not involving physical entry.”

<p>This amendment adds two new considerations to the factors the Central Arbitration Committee must take into account when deciding on union access requests: (i) the method, frequency, and timing of the access requested; and (j) whether the access purpose could reasonably be achieved without physical entry.</p>

215ZA

After Clause 56, insert the following new Clause—<br> <b>“Section 56: consultation requirement</b><br> (1) Before section 56 comes into force, the Secretary of State must consult such persons as they consider appropriate, including—<br> (a) representatives of trade unions, and<br> (b) representatives of employers,<br> <span class="wrapped">on the use of digital communication methods as part of access agreements under section 56.</span><br> (2) The Secretary of State must publish the outcome of that consultation.<br> (3) Section 56 may not come into force until the outcome of the consultation under subsection (2) has been published.”

<p>This amendment requires the Secretary of State to consult on the role of digital communication in trade union access agreements and to publish the outcome before the relevant provisions come into force.</p>

213AA

Clause 56, page 78, line 15 at end insert—<br> “(2A) Where an access agreement relates to a hospital (within the meaning of section 275 of the National Health Service Act 2006), physical entry may be refused where—<br> (a) patient safety, infection control, or clinical operations would be adversely affected,<br> (b) the access purpose can reasonably be achieved by alternative means of communication, or<br> (c) access would unreasonably disrupt urgent or time-sensitive medical activity.<br> (2B) In determining whether access is reasonable in the context of a hospital, the Central Arbitration Committee must give significant weight to the factors set out in subsection (2A).”

<p>This amendment makes special provision for hospital workplaces, allowing physical access to be refused where it would impact patient safety, infection control, or clinical operations, or where access purposes can be met by alternative means. It requires the Central Arbitration Committee to give significant weight to these factors when considering access in hospital settings.</p>

215AZZA

After inserted paragraph 13A(5), insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(5A)</span><span class="sub-para-text">Where the CAC is satisfied that changes to the workforce materially affect the composition of the bargaining unit, it may direct the employer to provide updated specified information before the close of any ballot.”</span></span>

<p>This amendment enables the CAC to request updated workforce information from the employer where there have been material changes, ensuring that the ballot reflects the current composition of the bargaining unit.</p>

215AZZB

In inserted paragraph 13A(6), leave out “but excluding any worker who joined the bargaining unit after the application day” and insert “including any worker who is employed within the bargaining unit up to the close of any ballot held under this Schedule”

<p>This amendment would allow workers who join the bargaining unit after the application date—but before the close of any ballot—to participate in the ballot, ensuring full democratic representation of the current workforce.</p>

215AZZC

In inserted paragraph 13A(7), leave out “excluding any worker who joined the bargaining unit after the application day” and insert “including any worker who is employed within the bargaining unit up to the close of any ballot held under this Schedule”

<p>This amendment ensures that newly hired workers within the bargaining unit are not automatically excluded from a recognition ballot, provided they are employed before the ballot concludes.</p>

215AZZD

In inserted paragraph 13B(6), at beginning insert “Subject to the CAC being satisfied that the exclusion of new employees from the ballot would not materially affect the outcome or undermine democratic fairness,”

<p>This amendment requires the CAC to consider the democratic fairness of excluding new employees from the ballot before issuing a declaration of union recognition, protecting the integrity of the process.</p>

216FA

In paragraph 32A(3), at end insert “unless the CAC is satisfied that substantial operational restructuring has occurred which materially alters the composition or function of the bargaining unit.”

<p>This amendment introduces a narrow exception allowing the CAC to consider substantial changes to worker numbers where those changes arise from genuine operational restructuring that materially affects the appropriateness of the bargaining unit.</p>

216FB

In paragraph 32D, at end of inserted sub-paragraph (4A) insert—<br> “(4B) Sub-paragraph (4A) does not apply where the CAC determines that continued application would result in the bargaining unit no longer accurately reflecting the composition of the workforce for the purposes of collective bargaining.”

<p>This amendment ensures that the bargaining unit remains representative of the actual workforce. It empowers the CAC to override the three-year restriction if ignoring workforce changes would undermine democratic and representative collective bargaining.</p>

216LA

In paragraph (b), at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4A)</span><span class="sub-para-text">Before making any such order under this sub-paragraph (4), the CAC must be satisfied that—</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(a)</span><span class="sub-para-text">the employer’s non-compliance was material and likely to have affected the fairness of the derecognition process, and</span></span><br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(b)</span><span class="sub-para-text">the proposed restriction is proportionate and necessary to protect the integrity of the process.”</span></span>

<p>This amendment introduces a proportionality test to ensure that CAC sanctions against an employer—particularly the restriction on campaigning—are applied only where the employer’s breach materially affected the derecognition process and further intervention is clearly justified.</p>

216LB

Schedule 6, page 249, line 38 at end insert—<br> “(6) Instead of or in addition to issuing a declaration under this paragraph, the CAC may order the union to refrain from any campaigning in relation to an application under paragraph 112, but only if—<br> (a) the union’s non-compliance was material and likely to have affected the fairness of the derecognition process, and<br> (b) the proposed restriction is proportionate and necessary to protect the integrity of the process.”

<p>This amendment supplements existing sanctions against unions by allowing the CAC to impose campaigning restrictions as an alternative or additional sanction, with safeguards to ensure proportionality and fairness.</p>

216MZA

In inserted subsection 116EA(2) leave out “and the union (or each of the unions)” and insert “or the union (or each of the unions), but not both”

<p>This amendment clarifies that either the workers or the union — but not both — may enforce the CAC’s order, avoiding the risk of multiple or overlapping enforcement actions, and ensuring clarity in responsibility.</p>

216MZB

Leave out sub-paragraph (3) and insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(3)</span><span class="sub-para-text">The order may be enforced only by the CAC using its existing statutory powers.”</span></span>

<p>This amendment preserves the established role of the CAC as the primary enforcement body and removes the potential for employees or unions to initiate separate legal proceedings in the civil courts, which would fragment the process and risk inconsistency.</p>

216MZC

In inserted paragraph 116EA, at end insert—<br> <span class="sub-para subparagraph sub-para-indented"><span class="sub-para-num">(4)</span><span class="sub-para-text">Where the party failing to comply is a trade union, the employer shall have the same right to enforce the order as set out in sub-paragraphs (2) and (3).”</span></span>

<p>This amendment ensures parity by giving employers the same right to enforce a CAC order as that proposed for unions and workers, addressing the imbalance in the original drafting and ensuring procedural fairness.</p>

216BA

Schedule 6, page 233, leave out lines 21 and 22

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

216BB

Schedule 6, page 233, line 35, after “day” insert “other than in the usual course of the employer’s business”

215AZA

Schedule 6, page 218, line 22, after “units” insert “other than in the usual course of the employer’s business”

<p>This amendment ensures that workers who join a bargaining unit in the usual course of the employer’s business after the application day are not automatically disregarded for the purposes of the recognition process.</p>

215DA

Schedule 6, page 219, leave out lines 28 to 30 and insert “the bargaining unit is agreed or determined in accordance with paragraph 18 or 19”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

323D

After Clause 150, insert the following new Clause—<br> <b>“Impact Assessment</b><br> (1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish an assessment of its impact on the public sector, stating the costs of implementation, the number of claims made, the number of cases, the number of claims settled or proceeding to tribunal and the overall cost to the public sector in respect of the provisions of this Act.<br> (2) Such an assessment should cover those employed in the public sector and other employees paid from public funds directly or in respect of agency charges.”

215DB

Schedule 6, page 220, line 1, leave out from beginning to “those” in line 5

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215DC

Schedule 6, page 220, line 11, leave out from “which” to end of line 13 and insert “the bargaining unit is agreed or determined in accordance with paragraph 18 or 19.”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215EA

Schedule 6, page 220, leave out lines 25 to 30 and insert “the bargaining unit is agreed or determined in accordance with paragraph 18 or 19.”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FA

Schedule 6, page 221, leave out lines 10 to 18 and insert “the bargaining unit is agreed or determined in accordance with paragraph 18 or 19”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FB

Schedule 6, page 221, leave out line 39 and insert—<br> “(b) the bargaining unit is agreed or determined in accordance with paragraph 18 or 19.”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FC

Schedule 6, page 222, line 22, leave out “of an application under paragraph 11(2) or 12(2)” and insert “where the bargaining unit is agreed or determined in accordance with paragraph 18 or 19”

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FD

Schedule 6, page 222, line 24, leave out from beginning to “those” in line 25

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FE

Schedule 6, page 223, leave out line 30

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FF

Schedule 6, page 223, leave out lines 33 to 35

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215FG

Schedule 6, page 224, leave out line 29

215FH

Schedule 6, page 224, leave out lines 36 and 37

215FI

Schedule 6, page 225, leave out line 25

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215GA

Schedule 6, page 226, leave out lines 30 and 31

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

215HA

Schedule 6, page 227, leave out lines 7 and 8

<p>This amendment and others in the name of Lord Sharpe limits trade union access to the workforce to situations where the bargaining unit has been agreed or determined, ensuring that access is only granted once the scope of the unit is clear.</p>

216AA

Schedule 6, page 232, line 41, after “sub-paragraph (1)” insert “other than in the usual course of the employer’s business”

<p>As mentioned in another amendment in the name of Lord Sharpe, it should be permissible for new employees who have not been recruited or redeployed to attempt to frustrate recognition to vote in the election.</p>

216GA

Schedule 6, page 240, leave out line 36

216KA

Schedule 6, page 248, line 34, at end insert—<br> <span class="wrapped">“provided that in case of either (a) or (b) the workers have not breached any term of their contract of employment.”</span>

216MA

Schedule 6, page 250, leave out line 25

323C

After Clause 150, insert the following new Clause—<br> <b>“Review of the Act</b><br> (1) The Secretary of State must—<br> (a) carry out a review of the operation and effect of this Act,<br> (b) set out the conclusions of the review in a report,<br> (c) publish the report, and<br> (d) lay a copy of the report before Parliament.<br> (2) The report must be published before the end of the period of five years beginning with the day on which this Act is passed.<br> (3) The report must, in particular—<br> (a) assess the extent to which the objectives intended to be achieved by this Act have been achieved, and<br> (b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved more effectively in any other way.<br> (4) In carrying out the review, the Secretary of State must publish an invitation for interested parties to make submissions on the operation of the Act.”

215AA

Schedule 6, page 218, line 24, leave out sub-paragraph (3) to (7)

330ZA

Clause 156, page 150, line 16, leave out subsection (2) and insert—<br> “(2) Sections 1 to 9, 19 to 26, 27 to 34, 56, 61, 62, 73, 107, 113, 149, Schedule 1 to 3 and Schedule 10 of this Act may not be brought into force until the following conditions have been met—<br> (a) the Secretary of State has commissioned an independent assessment of the capacity and effectiveness of the employment tribunal system, including—<br> (i) current delays and case backlog,<br> (ii) staffing levels and judicial resourcing, including plans to recruit additional judges,<br> (iii) funding arrangements, and<br> (iv) the projected impact of the provisions of this Act on tribunal caseloads;<br> (b) the independent assessment has been—<br> (i) published in full, and<br> (ii) laid before both Houses of Parliament;<br> (c) the assessment has made specific recommendations to address the backlog and delay in the employment tribunal system, including proposals relating to judicial appointments and case management;<br> (d) the Secretary of State has published a statement confirming that recommendations of the independent assessment which have been accepted by the Government have been fully implemented;<br> (e) the number of outstanding employment tribunal claims has been reduced to below 10,000.”

<p>This amendment prevents the commencement of Sections 1-9, 19-26, 27-34, 56, 61, 62, 73, 107, 113, 149, Schedule 1 – 3 and Schedule 10 in this Act until the backlog of outstanding claims falls below 10,000, a consultation report has been published, and the Secretary of State has published and laid before Parliament a funding plan to support the employment tribunal system.</p>

113ZA

Clause 26, page 45, line 24, after “sought” insert “without good reason”

<p>This amendment and another in the name of Lord Sharpe limit the application of the clause to cases where the employer sought, without good reason, to vary the employee’s contract of employment in relation to their pay or benefits.</p>

113B

Clause 26, page 45, line 25, after “employment” insert “in relation to the employee’s pay or benefits”

<p>This amendment and another in the name of Lord Sharpe limit the application of the clause to cases where the employer sought, without good reason, to vary the employee’s contract of employment in relation to their pay or benefits.</p>