2 Baroness O'Grady of Upper Holloway debates involving the Leader of the House

Tue 28th Oct 2025
Employment Rights Bill
Lords Chamber

Consideration of Commons amendments and / or reasons

Historical Forced Adoption

Baroness O'Grady of Upper Holloway Excerpts
Tuesday 7th July 2026

(3 weeks ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
- View Speech - Hansard - - - Excerpts

I thank the noble Lord, but I must correct him: I do not think the Church ever preached that sex was sinful. It was only sinful if you did not have a wedding ring; I think it was quite happy about it once the wedding ceremony had taken place. However, the noble Lord is right that this was a societal and cultural issue. As I said, I think parents colluded in that because of the shame it brought on the family, and it is a shocking thing to say that that might have happened in your own family.

We are in different times. With the advances that have been made in society in our approach, with the great reforms in the 1960s to marriage, to divorce, to contraception and on a whole range of issues, we now think differently. However, the noble Lord is right that there is a movement among those who have a very misogynistic attitude towards women—just look at the Question we had today about the gang raping of women within relationships having been drugged by partners—and we have to be clear, to speak out and to act, taking action that is as strong as possible wherever it occurs. But that starts with language. In relation to some of the videos online where women are disrespected and it is seen as some kind of macho thing to disrespect women, I think all of us will want to speak out about that and speak out with one voice.

Baroness O'Grady of Upper Holloway Portrait Baroness O'Grady of Upper Holloway (Lab)
- View Speech - Hansard - -

My Lords, I add my voice to those of everybody else in thanking my noble friend for repeating the Prime Minister's Statement and for its sensitivity and compassion. I particularly support the actions that will be taken. But does my noble friend agree that the scandal was possible only because of the scale of stigma and discrimination against single mothers—“unmarried mothers”, as they were called? Does she agree that, although there has been progress, that stigma and discrimination against single mothers is still very much with us? Single mothers have reported in recent surveys that not only do they face financial pressures in raising children alone—look at stories in parts of the press or listen, I am afraid, even to some politicians and the way that they talk disrespectfully about single mothers, particularly working-class single mothers—but that prejudice is still with us. Is there more action that we could take to counter that prejudice once and for all?

Baroness Smith of Basildon Portrait Baroness Smith of Basildon (Lab)
- View Speech - Hansard - - - Excerpts

The noble Baroness is right that some people will find any excuse to demonise or act against or disrespect one group of people, and lone parents, particularly mothers, have often found themselves in that place. I remember talking to a lone parent who was a single mum of two young children because her husband had been killed, and she found the same kind of discrimination against her at times. There is the mother who has been left by the man who has left her with the children. There are lots of reasons why women are bringing up children on their own. I think all of us want the kind of society where we support each other and have respect for each other, and to discriminate against somebody on the basis of those kinds of issues, we would all agree, is totally wrong. The noble Baroness is absolutely right that we should all take care with the language we use and how we discuss these issues, and we should think before we speak.

Employment Rights Bill

Baroness O'Grady of Upper Holloway Excerpts
Lord Vaux of Harrowden Portrait Lord Vaux of Harrowden (CB)
- View Speech - Hansard - - - Excerpts

Motion E1 is the most important amendment we will be debating today. The introduction of day one unfair dismissal rights is the most damaging element in this Bill, in my opinion. While there are problems with much of the Bill, there will, I believe, be a lot of unintended consequences.

For most of the proposed changes to employment rights, the Government are trying to solve genuine problems. Zero-hours contracts can be abused, and the abuse of fire and rehire is well known, to give a couple of examples. But despite my asking many times, no Minister has yet provided any evidence that the current qualifying period is being abused or causing actual harm to employees, and the Minister has added nothing to that today. The impact assessment that accompanies the Bill likewise provides no evidence of cost or harm. We have already heard from the Resolution Foundation that it agrees, saying:

“Making dismissals as hard as in the ERB might also be for little obvious gain to workers”.


Uniquely among the employment rights changes in the Bill, there is little or no evidence that there is really a problem to solve or harm to be prevented here, but very real harms will arise as a result of this policy. The ability to claim unfair dismissal from day one will make it more difficult for employers to take a risk on new employees. The Government’s own impact assessment makes this clear, and it points out that the greatest impact will be on more risky hires, such as young people trying to get that first all-important break, people trying to get off benefits, ex-offenders and so on—all people the Government keep telling us they are trying to help. To repeat, do not take my word for that: the Government’s own impact assessment confirms this.

We have just heard about the business organisations. All that I have seen also points to these unintended consequences, but even if you think, “They would say that, wouldn’t they?”, listen to the Resolution Foundation, not an organisation that has ever been accused of being in hoc to employer organisations. It says, as we have heard:

“The Government’s plan … of getting rid of qualifying periods entirely by making this a ‘day one’ right—has the potential to inhibit hiring”.


It goes on to say, importantly:

“One group of particular concern at the moment are younger adults. The number of young people (aged 16 to 24) not working or studying has risen post-pandemic, and is at its highest level in a decade. And young people’s employment prospects are more sensitive to hiring conditions than older workers”.


I think we can all agree that the current two-year qualifying period is unnecessarily long. That is why the amendments passed on Report reduced it to six months, which should be long enough for most employers to decide whether the hire is working or not. That would bring us into line with countries such as Denmark, Germany, Norway and Sweden, none of which are well known for employment rights abuse. That seemed a sensible compromise, protecting around 6 million more people from unfair dismissal, while reducing the unintended impact on higher-risk hires such as young people. To quote the Resolution Foundation again— I think it is going to get quoted a lot today:

“Reducing rather than scrapping qualifying periods would still respect the spirit of the Government’s manifesto, and it would deliver a security upgrade to millions of workers …but it would do so in a way that doesn’t needlessly put employers off hiring”.


The Government simply rejected this compromise, while providing no reason and no evidence whatever of a problem.

What is needed for a probation period to allow an employer to give a potential new hire the benefit of the doubt is for there to be no risk of being taken to an employment tribunal during that period, other than for the standard existing statutory reasons, such as discrimination. Before anyone suggests, as they have in the past, that there will not be an increase in tribunal claims, I remind noble Lords that the Government’s own impact assessment states that a benefit of the policy is that there will be an increase in tribunal awards. That is actually in the impact assessment.

We have heard that the Government intend to consult on the matter and to create a nine-month, light-touch probation period. That sounds good, but the Bill pre-judges that consultation. New Section 98ZZA(3) sets out very clearly that certain fair reasons must be given to dismiss someone during a probation period, and unfortunately, those reasons are materially the same as those that must be given after the qualifying period. That means that, as the Bill is drafted, the risk of being taken to an employment tribunal will always remain. It will not in fact be possible to create a genuinely light-touch probation period after the Bill is passed, whatever the results of the consultation. So the Government’s suggestion that it will be okay because of the future consultation and regulations just does not stand up to scrutiny.

We have often heard that this is a manifesto commitment, but the Government never mention the other explicit manifesto commitment: that they would

“consult fully with businesses, workers, and civil society … before legislation is passed”.

It is in the same paragraph. It seems to be okay to breach that manifesto commitment.

As I say, the Government’s own impact assessment clearly acknowledges the harm this policy will cause. If you know that your actions will cause harm and you go ahead anyway, that is a deliberate act. So, if the Government are not prepared to listen, including to the Resolution Foundation, the only conclusion we can reach is that the Government intend, knowingly and deliberately, to damage the life chances of young and vulnerable people. Do they really want to do that? Please, Minister, take this seriously.

Baroness O'Grady of Upper Holloway Portrait Baroness O’Grady of Upper Holloway (Lab)
- View Speech - Hansard - -

My Lords, I oppose Motion E1, which is unnecessary. Under the Employment Rights Bill, employers can still dismiss workers fairly—for example, as they can now if they are incompetent or there is misconduct or a redundancy situation. But without the day one protection proposed by the Government, when workers move to a new job, they would continue to bear the risk that they can be sacked at whim.

I encourage noble Lords to put themselves in the shoes of a worker, who in good faith leaves a secure job where they have completed the qualification period with protection against unfair dismissal to take up a new post, and who then finds themselves sacked, out on their ear, stripped of a livelihood for no good reason.

I also remind noble Lords that many groups of workers are already protected against unfair dismissal from day one, as their dismissal would be deemed automatically unfair—for example, if they are pregnant, on family leave or are a trade union rep, or, indeed, if they are a whistleblower. The Government simply intend to extend that protection to all workers. In addition, if someone thinks they have been unfairly dismissed because of race, sex or another protected characteristic, this could be discrimination. They could make a claim to an employment tribunal for both discrimination and unfair dismissal, and for that discrimination claim, workers do not have to meet that qualifying period of two years.

Finally, so far, I have heard little mention of the thorny issue of job mobility in this country, which economists agree is a significant barrier to economic growth and productivity. In the UK, reports show that job mobility has fallen badly—according to one report, dropping by 25% over a period of barely two decades. Poor job mobility is bad for workers—they have less chance of improving their wages if they stick in the same job—and bad for the economy, because we are failing to move workers fast enough into areas of growth. Under the previous Government, we saw insecure contracts at work soar. In 2012, the Conservative-led Government shamefully doubled the qualification period for protection against unfair dismissal to two years, stripping workers with less service of protection at the stroke of a pen.

I am very conscious of the employer lobby that has mobilised in support of this amendment. But when I look back on employers’ opposition to the national minimum wage, to equal pay for women and to stronger health and safety rights, it is clear that business lobbies do not always know what is best for Britain. Labour’s manifesto commitment is clear—to deliver day-one rights in full. I hope that noble Lords will join me in opposing this amendment.