Employment Rights Bill

Debate between Baroness Jones of Whitchurch and Lord Leigh of Hurley

Report stage
Wednesday 23rd July 2025 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

Political campaigning, which the noble Lord will know is clearly spelled out already in the legislation, requires some of these issues to be paid for out of the political fund, Indeed, my own union, UNISON, operates two separate political funds, as my noble friend Lord Prentis explained in Committee, one of which relates to the party-political affiliation and the other to the wider campaigning role. Of course, not all political party payments have gone to the Labour Party; they have gone to other parties and candidates as well.

The payments must be established through the democratic structure of the union. Those same structures make unions accountable to their members, who are free to participate in the democratic process to shape how those political funds are utilised. Joining a trade union is an informed decision and members will be made aware of their right to opt out of political fund contributions. Indeed, we have been careful to draft the Bill to ensure that new members will continue to be notified of their right to opt out on the membership form when they join the union. In line with the recommendation in the report of the committee of the noble Lord, Lord Burns, the membership form will also have to make it clear that opting out will not affect other aspects of their membership. Those changes should help to address concerns that trade union members were not always aware of their right to opt out of the political fund under the system that existed before 2016. If members wish to exercise that right to opt out, they are free to do so at any time.

We are not altering the arrangement for existing union members. If they decided to join a union with the knowledge that they would be opted out of political fund contributions, they will continue to be opted out once the Bill passes. As I hope I have explained, automatic opt-in will reduce the administrative burden on unions while still allowing members to make an active choice not to contribute to the political fund if they so wish.

I turn to Amendment 148 tabled by the noble Lord, Lord Sharpe, and Amendment 149 tabled by the noble Lord, Lord Evans of Rainow. The existence of the 50% turnout threshold is not in line with the Government’s intention to create a positive and modern framework for trade union legislation—a framework that delivers productive and constructive engagement, reduces bureaucratic hurdles and respects unions’ democratic mandates.

The 50% threshold is a high bar and is not consistent with other democratic decision-making. Votes in Parliament and votes for MPs and local councillors do not normally include any turnout threshold but are not thereby considered any less legitimate. Indeed, most local elections are contested with a turnout below 50%—I am sure that a number of noble Lords who have previously been councillors have been elected on a less than 50% turnout—and nor, for the most part, do votes at general meetings of companies require any turnout threshold. Those who oppose industrial action are free to vote against it in a ballot, and they will have their voices heard in the normal way.

The Government have been clear about our intention to repeal the Trade Union Act 2016, including industrial action ballot thresholds, but the amendments would prevent the Government delivering on that manifesto commitment. I was pleased to hear the support of the noble Lord, Lord Goddard, for upholding our manifesto commitments, and I will remind him of that when we come to vote on these amendments.

The date for the repeal of the 50% threshold will be set out in regulations at a future date, with the intention that it is aligned with the establishment of e-balloting as an option for trade unions. Together with the delivery of modern and secure workplace balloting, the intention is that this will ensure that industrial action mandates will have broad and demonstrable support.

As I expected, the noble Lord, Lord Sharpe, talked about the doctors’ strike. The Secretary of State has held constructive meetings with the BMA resident doctors committee to try to avert strike action by discussing how we can work together to improve the working lives of resident doctors. However, the BMA RDC has refused to engage in further discussions and has instead chosen to proceed with its planned strikes. Our view is that strikes have a serious cost to patients, so once again we urge the BMA to call them off and instead work together to improve members’ working conditions and to continue rebuilding the NHS.

On Amendment 149ZA tabled by the noble Lord, Lord Sharpe, the Government have made it clear that we do not intend to make sectoral carve-outs for the limitations and conditions that apply to industrial action. That is demonstrated by our repeal of the Strikes (Minimum Service Levels) Act and the repeal of the 40% support threshold for industrial action ballots, both of which remove the further conditions on industrial action that currently exist in some public services.

Ensuring that statutory notice periods for industrial action are consistent across every sector will ensure that the rules are straightforward and clear to all parties involved in industrial action in every circumstance. It is then for employers in each sector to be mindful of these rules and manage their industrial relations and businesses accordingly.

I also want to make it clear that repeal of the 14-day notice period forms part of our manifesto commitment to reverse the Trade Union Act 2016. Following the outcome of our public consultation on creating a modern framework for industrial relations, we decided that a 10-day notice period for strikes was the appropriate balance between giving employers time to prepare and upholding the right to strike. It is also a minimum, not a maximum, period and employers will be able to plan for industrial action long before receipt of a notice.

Our approach is not an outlier. The UK will still provide one of the longer industrial action notice periods in Europe. Many European countries have shorter or no notice requirements on industrial action, while also requiring airlines to comply with the EU version of Regulation 261/2004. We are aware that under Regulation 261/2004 an airline may be liable to pay passengers compensation if it cancels a flight less than two weeks before its scheduled departure. But even under the current 14-day industrial action notice period, in practice airlines may therefore still be liable to pay compensation if they need to cancel flights due to industrial action.

I turn to Amendments 149A and 150, tabled by the noble Lord, Lord Sharpe. As the period of disruption between 2022 and 2024 has shown, administrative requirements and bureaucratic hurdles only make it more difficult for trade unions to engage in good-faith negotiations with employers. This is why we are substantially repealing the Trade Union Act 2016 and fixing the foundations for industrial relations that have not delivered for workers, employers or unions in the meantime.

Legislation governing picket lines is, of course, essential and, to be clear, we are repealing only those additional measures introduced by the Trade Union Act 2016 in relation to the role of a picket supervisor. Substantially repealing this in the Act is also a manifesto commitment, while other legislation relating to picketing will remain in place. Picketing must take place at a lawful location, it must be peaceful and those on picket lines must not intimidate or harass workers who choose to attend work. The existing Code of Practice on Picketing, once updated to remove the requirement for a picketing supervisor, will continue to support the legislation on picketing. Together these are sufficient to ensure the operation of peaceful picketing.

The Government’s impact assessment on the repeal of the Trade Union Act 2016, published in October 2024, set out the expected impacts of the removal of the requirement for a picketing supervisor and is available for all to read. The assessment shows limited evidence of serious problems on picket lines prior to the introduction of the 2016 Act, and there remains limited evidence of problems on picket lines in more recent years. The assessment concluded that it is therefore unlikely that the removal of the additional legal requirement to appoint a picketing supervisor will have a noticeable effect on the impact of picketing during disputes. There is nothing new to add to that assessment; we are simply returning the law on picketing to what it was prior to 2016 when it was working well and understood by all parties.

I turn to Amendments 152A and 152B, tabled by the noble Lord, Lord Leigh of Hurley. I think on previous occasions the noble Lord has reminded us of his role as treasurer of the Conservative Party, although he did not on this occasion. Clauses 77 and 78 of the Bill, which these amendments would—

[Lord Leigh of Hurley (Con)]

I am sure the noble Baroness is aware that positions that do not require financial remuneration do not need to be declared. I did, in fact, make that declaration at Second Reading and in Committee and no further declaration is required.

[Baroness Jones of Whitchurch (Lab)]

I think that is the point I was making; I was just reminding the noble Lord. He could have reminded us on this occasion, given that a number of his points were very much party-political ones.

Clauses 77 and 78 of the Bill, which these amendments would omit, remove burdensome requirements and regulation on unions imposed by the Trade Union Act 2016. This red tape works against unions’ core role of negotiating and dispute resolution, which is why we made a manifesto commitment to repeal the Trade Union Act 2016. In relation to Clause 77, trade unions will continue to submit an annual return to the certification officer; however, the amount of information required in that return will be less.

--- Later in debate ---

[Lord Leigh of Hurley (Con)]

Can the Minister be quite clear with us in that case? She said that unions will be required to report to the certification officer gross amounts of income and expenses. Can she be crystal clear that there will be no requirement to disclose expenses made within the political fund to any organisation?

[Baroness Jones of Whitchurch (Lab)]

My understanding is that the political funds will be required to continue to spell out how they are spending the money, but not for sums under £2,000. The certification officer will continue to be able to enforce remaining annual return requirements—

[Lord Leigh of Hurley (Con)]

I am sure the Minister would not like to have on record something that does not seem to be correct. I think she means that amounts under £2,000 need not be disclosed.

[Baroness Jones of Whitchurch (Lab)]

That is what I said.

We are simply returning to the situation as it was pre-2016. I would add that the unions are already specifically regulated in the requirement to have a separate fund for spending on political purposes that is subject to many rules. There is no such requirement on many other membership organisations.

I turn to the amendment tabled by my noble friend Lord Davies of Brixton relating to Clause 62 on equality representatives. Trade unions have long fought for equality. We recognise that equality reps have a key role to play in raising awareness and promoting equal rights for all members, as well as developing collective policies and practices that will enable organisations to realise all the benefits of being an equal opportunities employer. New Section 168B(2)(a) therefore provides for the broad purpose for equality representatives to take paid time off for carrying out duties

“for the purpose of promoting the value of equality in the workplace”.

In addition, new Section 168B(2)(c) makes provision for

“providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace”,

and new Section 168(2)(d) makes provision for

“consulting with the employer on matters relating to equality in the workplace”.

Finally, equality representatives may also be eligible for time off under Section 168 of the 1992 Act, which includes time off for

“negotiations with the employer related to or connected with matters falling within section 178 … in … which the trade union is recognised by the employer”.

We believe that these measures are broad enough to include a range of activities, which encompass collective bargaining, negotiating with employers and representing members. I ask the noble Lord, Lord Burns, to withdraw Amendment 147.

Employment Rights Bill

Debate between Baroness Jones of Whitchurch and Lord Leigh of Hurley

Committee stage
Tuesday 24th June 2025 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord, Lord Sharpe, and all noble Lords who have spoken in this debate.

I begin with Amendment 326B in the name of the noble Baroness, Lady Coffey, which was moved by the noble Lord, Lord Sharpe. In accordance with procedure, the other place has passed a money resolution authorising the payment, out of money provided by Parliament, of expenditure incurred as a result of this Bill by any government department. In practice, the authorisation of any additional government expenditure, for example in relation to the fair work agency, will be approved by the elected Chamber in accordance with its Estimates procedure. As noble Lords will know from the previous debate, our impact assessment for establishing the fair work agency set out the current running costs of the enforcement bodies and initial estimates of set-up costs for the fair work agency.

I turn to Amendment 329A, tabled by the noble Lord, Lord Leigh. As your Lordships’ House will be aware, the Government have committed to ongoing, detailed engagement with businesses of all sizes as we develop the details of regulations under this Act. In addition, our published impact assessments evaluate a range of evidence on the impacts on small and medium-sized enterprises. They also outline a plan for monitoring and evaluating the impact of the Bill and subsequent secondary legislation, which will involve reviewing how the reforms have impacted SMEs.

The Government value the insights that SMEs and their representatives can bring in ensuring the particulars of this Bill strike the right balance. To recognise that, Ministers and officials have hosted and continue to host a range of SMEs and their representatives, including and beyond those stipulated by the noble Lord’s amendment, to discuss the Bill. Such engagement and consultation will continue following Royal Assent, and SMEs will always feature in such engagement and consultation without the need for a formal requirement.

Amendment 329B from the noble Lord, Lord Sharpe, and Amendments 330BA and 330E from the noble Lord, Lord Leigh, cover impact assessments. I will not repeat the points made earlier by my noble friend Lord Leong on the steps the Government have and will continue to take to ensure impacts are properly understood and assessed. The Government have noted the Regulatory Policy Committee’s opinion on our impact assessments, but it has always been our intention to refine our analysis as policy development continues, working closely with external experts, businesses and trade unions.

To reassure the noble Lord, Lord Leigh, on political funds, I reiterate the point that the Bill will ensure that political funds operate in a transparent manner that is clear to union members. Sections 32 and 32A of the Trade Union and Labour Relations (Consolidation) Act 1992 will not be amended via this Bill. It will continue to require that unions provide details of their total income and expenditure in their annual returns to the certification officer, which are made publicly available, and that all members of a union receive information on the total income and expenditure of a political fund through the annual statement to members.

Members of a union are also part of a collective of workers, and political funds should be considered in that light. If a union has a political fund, its members have control over how it is spent through the democratic structures of the union. Unions put considerable effort into raising engagement in their democratic processes, which any member is free to participate in, meaning they are able to decide how their political fund is used. If union members want more information on political fund expenditure, or if they disagree with how that expenditure is being directed, they can take steps to change it. Union members are ultimately members of a voluntary organisation and are free to opt out of political fund contributions if they have objections to how a political fund is operated.

The amendments from the noble Lord, Lord Sharpe, and the noble Baroness, Lady Penn, would require the Secretary of State to have regard to the UK’s international competitiveness and UK growth when making any regulations under the Bill. First, it is worth noting that the UK already lags the OECD average on most employment protections, yet the UK economy has not grown at the average rate of other OECD economies in the last 14 years, missing out, as I said earlier, on £171 billion in growth. The Government’s impact assessment notes that the Bill could have a “direct and positive impact” on economic growth and

“will help to raise living standards across the country and create opportunities for all”,

supporting the Government’s mission for growth. We will continue to pay close attention to the potential impacts as we develop regulations to implement the measures in the Bill and produce further impact assessments in line with our Better Regulation requirements.

This Government know the impact of the UK being internationally competitive. Our country has great strengths, but we have lacked the dynamism required to seize new opportunities, and businesses have needed long-term stability. Meanwhile, the global trading environment has become unpredictable, supply chains fragile and other economies more assertive in protecting their security and promoting their strategic strengths. That is why we have a clear goal: driving growth domestically. Making work pay is just one aspect of our mission to boost growth and break down the barriers to opportunity which have been holding our country back.

Our plan for change is already delivering benefits. We had the fastest growth in the G7 at the start of the year. Interest rates have been cut by the Bank of England four times since the election. A record £63 billion of private investment was announced at the investment summit last year, with £40 billion announced by Amazon just today, and 500,000 more people are in work. We have three trade deals with global economic powerhouses, and business confidence is at a nine-month high. This is a Government delivering for working people, and this Bill will help more people stay in work, support workers’ productivity and improve living standards across the country.

To wrap up this lengthy Committee stage, I want to say that it is with great pleasure that I conclude our final group of this Committee. The Government were elected on a manifesto that committed to implementing Labour’s plan to make work pay in full, in order to put more money into working people’s pockets. Our first mission as a Government is to deliver economic growth in every part of the country. However, securing that growth can only be worth doing if working people actually feel the benefits. While workers are subject to unethical fire and rehire practices, exploitative zero-hours contracts or last-minute shift cancellations, that certainly will not be the case. That is why this Bill is at the centre of the Government’s plans. It will protect workers from these practices and provide economic safety for the lowest paid in the labour market.

Just consider a few of the changes it brings. It means that 9 million employees will gain protection from unfair dismissal—not after two years, but from day one. It means that workers in some of the most deprived parts of the country will be spared up to £600 in lost income from the hidden costs of insecure work, and it means that at least 900,000 workers every year will benefit from bereavement leave following the death of a loved one.

In conclusion, my noble friends Lord Katz and Lord Leong and I very much look forward to engaging with noble Lords further on the Bill as it progresses to Report. I thank the Official Opposition, the Liberal Democrat Front Bench and noble Lords across the Committee for their contributions throughout this Committee. I must ask the noble Lord, Lord Sharpe of Epsom, to withdraw Amendment 325.

[Lord Leigh of Hurley (Con)]

Before the noble Baroness sits down, I thank her for her answer. Clearly, the feedback from the organisations she has met is not in parallel with the feedback I have had from similar organisations. I appreciate that the meetings she has had may have been in confidence. But if not, would it be possible to publish the notes of those meetings and of any future meetings with representative organisations such as those in my amendment, and of meetings with the other organisations that, I am pleased to hear, she has also met?

[Baroness Jones of Whitchurch (Lab)]

We on these Benches meet with members of the SME sector all the time for various purposes. As well as the formal meetings, we meet them in all sorts of guises—for example, to discuss the industrial strategy and some of the digital growth policies. I do not think it practical to do what the noble Lord has asked, but I can assure him that the more formal consultation meetings happen regularly.

Employment Rights Bill

Debate between Baroness Jones of Whitchurch and Lord Leigh of Hurley

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Lord Leigh of Hurley (Con)]

Can the Minister clarify—to be absolutely crystal clear—that, by removing Section 32ZB, union members will have absolutely no idea where campaign money is being spent?

[Baroness Jones of Whitchurch (Lab)]

I thought I answered that: the information on the expenditure of the political fund will still have to be given to the certification officer.

[Lord Leigh of Hurley (Con)]

With great respect, I asked whether union members would have clarity as to where their money was being spent.

[Baroness Jones of Whitchurch (Lab)]

I am absolutely confident that unions’ accounts, which will include the political funds, will be available to all members in the usual way. I am sure that is a requirement.