(1 day, 13 hours ago)
Lords ChamberI expect the bigger employers, if they know about this legislation—although we are hearing from a lot of the employers’ representatives that a lot of their members had not even heard about the day one rights until very recently—will probably put their HR departments and lawyers on it. I am concerned about the smaller ones, which is why I am sympathetic to the amendments in this group on micro employers and small employers. Otherwise, this could start to become a very expensive business. It is yet another reason why the Government generally do not seem to understand the chilling effect that not only their economic policies but legislation such as this will have on the recruitment of people to jobs.
My Lords, I had no intention of coming here today to speak until I had dinner last night. Having put in a day’s work, I thought it was time to come here and express an opinion.
I would like to describe that situation last night. It follows on from a lot of what my noble friend Lord Leigh of Hurley said and the powerful words of the noble Baroness, Lady Lawlor. This friend of mine, whom I have known for 30 or 40 years, is a small businessman in Bath, down in the West Country. He said to me, “Mark, we have a major problem coming. I have friends in similar places who run small businesses”—he runs a business of some six or seven people. “We are all talking together, because that is how we transfer knowledge, and the number of us beginning to think about throwing in the towel is significant. I want you to know about it”.
If this change were to happen, it would affect the poor employees of these businesses. There is nothing inherently wrong with these businesses but there is, as we have heard, more and more legislation coming upon them. It is the employees who are going. The domino effect through local economies is too much for these businesses. These small guys have to employ lawyers, HR experts and so on. I work for a company where we have those in house. They are just getting to the end of their tether. They do not want to stop, but I hope that Amendments 205 and 207 will help prevent that sort of thing happening and another nail in the coffin for these small businesses, which are really struggling as they think about the hassle of going on.
My Lords, this group of amendments concerns the provision of employment rights. The essence of the group is about requiring employers to provide workers with a written statement of their trade union rights. Even after seven hours, I enjoyed listening to the noble Lord, Lord Jackson of Peterborough, describe a romp through the 1970s and the bad old days of the Labour Party bringing the country to its knees and almost losing the car industry. He failed to skip into the 1980s, when the Government did destroy an industry—the coal industry—and did immeasurable damage to the trade union movement, which it has taken decades to recover from and is at the heart of the Bill. It is a direct result of actions taken by a certain Government in a previous life. In response to the noble Lord, Lord Moynihan of Chelsea, I have been here since the start of the debate and listening. As the Companion says, it is courtesy to be here at the start of the debate to listen to the opening speeches and then the winding up speeches. There seems to be real departure from that by Members, who just wander in, make contributions and wander out.
(2 weeks, 2 days ago)
Lords ChamberMy Lords, I stand with some trepidation at this stage to support very much the amendments in the name of my noble friend Lady Neville-Rolfe, and indeed I support the other amendments in this group.
We have to think that any company—large, small, charity, whatever it may be—that hires a new employee takes a calculated risk. They are unknown. The company hopes that the individual, young or more mature, will integrate well into the company culture and be capable of handling the expected workload with the appropriate training needed.
I understand the Government’s position, as mentioned in a previous day’s debate on the Bill, that the employee also takes a risk when starting a new job or changing careers. They too must be confident that the role aligns with their skills and aspirations. A probationary period exists to serve both parties. It allows the employee to assess whether the role suits their interests, skills and abilities, while giving the employer time to evaluate whether the employee fits before making a long-term commitment. Is that unreasonable?
In my own place of work, I have seen this very much in practice. In fact, when I returned to work, I had a six-month probation period, and I had worked for them for 25 years before that. We once hired a seasoned practitioner with considerable market experience. However, for various reasons, they did not pass their probation. Should that individual be entitled to bring a claim for unfair dismissal, noting what the noble Lord, Lord Hendy, said? From the employer’s perspective, they are simply trying to safeguard their business, its culture and its ability to deliver results for clients. The smaller the business, the harder it is, as we have just heard and as, I think, the noble Lord accepted.
Is it right that an employee should be granted full employment rights from day one, when both sides are still in a learning phase? Is it fair that a company could face the threat of an employment tribunal for unfair dismissal if the probationary period is not successful, on which we have had a lot of discussion? Whatever happens, should it go towards that phase? Should it never reach the employment tribunal? It is a gruelling process for both parties, and an expensive one—emotionally, culturally, and potentially in the pocket.
The Government rightly seek to stimulate growth, as mentioned by the Minister on the previous group. For that to happen, businesses must feel confident in hiring. But, if the terms of employment are too burdensome, companies may hesitate to expand their workforce. It is imperative that the economy is prevented from becoming stagnant or, worse still, contracting. I simply do not understand why this clause is in the Bill. It does not propose anything that helps growth in this country.
The noble Lord pointed to the daunting process that faces an employer potentially facing an employment tribunal accusation that would damage perhaps their reputation, as well as the daunting issues that also face the employee who is considering going down that course. My noble friend made some emphasis on that point.
The debate has been conducted as if this is a hugely common threat: indeed, as if it is a threat that, potentially, is going to do tremendous damage to our economy. But could I just point to the scale of the issue? In 2023-24, there were just over 5,000 unfair dismissal cases referred from the Tribunals Service to ACAS for the conciliation processes that my noble friend referred to. What is the size of our workforce in the British economy? Is it 25, 26, 27—
Thirty-four million workers. Five and a half thousand cases. Why is the number so small? It has been suggested that it is because an employer’s immediate response is to offer a settlement to buy off the prospect of a tribunal. Some may make that judgement, but, given the evidence my noble friend has referred to about the unlikelihood of applicants succeeding with their claims, that does not seem a very wise response to give. There may be some, but for the individual, it seems to me, more daunting factors influence them to hold back because it is so painful and potentially stressful that they are reluctant to take their case in the first place.
This whole Bill is about giving people at work in Britain more confidence and there needs to be some sense of perspective about the scale of the issue we are talking about. Five thousand people.
I am aware of a case of a small company that has got rid of four individuals in view of the legislation because those individuals are not doing a good enough job, but it could live with them if it had the ability to get rid of them. What it cannot face the thought of is having to go down any form of tribunal route or indeed threat thereof. That is not what we are trying to do with this Bill; we are trying to prevent that. We do not want to see those individuals leave employment. That is not what we want, and that is where it could lead a lot of people.
My Lords, this is one of the most important parts of this legislation, and I am very conscious of the Labour Party’s manifesto and its success in the election last year. However, at the same time, this is the same Government who want to increase the employment rate to 80%, which has not been achieved in a very long time. If we go back in history, we see that the Blair-Brown Government did not make changes to go to zero or day-one rights in the same way. Yes, they changed it from two years to one year. The coalition Government later changed it back to two years.
Yet we are now seeing—as has already been pointed out elegantly by the noble Lord, Lord Vaux of Harrowden, in response to some of the comments raised on the Government Benches—that this is the Government’s own impact assessment. If we look at the Regulatory Policy Committee’s assessment of these proposals, we see that it gives a very strong red rating on this element and suggests that, basically, there is no evidence that they are in any way needed.
There are aspects here of “What is the problem that the Government is trying to address?”. Lewis Silkin solicitors point out that if the only changes to be made were those referred to and we were still to have, as the noble Lord, Lord Hendy read out, the different approaches on fair dismissal in the tribunal, the Government could just put forward a statutory instrument based on the existing power of the 1996 Act. However, they have not done so in the Bill; they are seeking to go much further in a variety of ways in Schedule 3. That is why I share the concerns of many other noble Lords who are worried about the unintended consequences. Nobody can believe that a Labour Government would want to see unemployment rise or more people on benefits, or not tackle the challenge of people not in education, employment or training—
(2 weeks, 4 days ago)
Lords ChamberMy Lords, I will speak to Amendments 83, 85, 86 and 88 in my name. I am sure noble Lords will have noticed that, after the Second Reading of this Bill, media reports the next day focused disproportionately on what was reported as the absurdity of employers being held responsible for employees who are offended by third parties in situations in which the employers had no control over who said what, to whom, when, why or where. The “where” aspect is important, because this also applies to real or imaginary offence taken by employees off-site of the employer’s premises. It was rightly reported the next day as an Alice in Wonderland proposal, where the whole concept of responsibility is turned topsy-turvy. Another reported it less kindly as “bonkers”, and yet another as a new way for unscrupulous lawyers to make a killing.
One can only imagine the fresh media ridicule to which your Lordships’ House will be exposed if it allows Clause 20 to go through unamended. Of course, it is no ridicule for employers, or taxpayers where this happens in the public sector, but potentially a very expensive and time-consuming burden on them, and wide open to vexatious misuse.
Amendment 83 would the remove employers having to be responsible for their customers being overheard talking about matters of the day. If the proposers of the Bill had visited a pub, for example, they would know that a pub is a Parliament in which customers have just as much right to discuss the ways of the world as we do here in this Parliament.
Amendment 85 refers to the hospitality sector, sports venues and higher education settings. To give an example close to home of why it is needed in the hospitality sector, let us say that I invited someone to visit me here in your Lordships’ House and this person did not have English as his or her first language. Let us say, further, that my guest had stopped off at the Red Lion on the way here for refreshments, and that, after our meeting, I took him or her down to the River Restaurant for a quick meal. If this guest happened to see that one of the items on the menu was a curry, and remarked to the unprotected-characteristic employee serving the curry that no one in England knows how to make a proper curry, and if that remark was overheard by a chef with a protected characteristic, then the overhearing person could take real or vexatious offence, and the House of Lords could be taken to the tribunal, or more likely, after several months and thousands of pounds, there would be a pre-tribunal taxpayer-funded pay-off.
I am sure that noble Lords do not need reminding that such vexatious claims are a significant contributor to the 50,000 tribunal case hearings and one-year waiting-time backlog. We would indeed then be laughing stocks for allowing our own legislation to be used against us like this, or even to exist at all in the wider context.
That Amendment 85 should apply also to sports venues would be obvious if the proposers had attended any sports event, where support for a competing individual or team is necessarily enthusiastic and often boisterous. The crowd’s speech is so impossible for the venue employer to control that, if a protected-characteristic steward took offence at a remark aimed indirectly at an official, the employer would inevitably raise waivers with the organisers, who might quite reasonably think the whole idea is not worth the candle, and so unintended consequences would strike again. This is what we recently saw with the Terrorism (Protection of Premises) Act, leading to long-standing local events—in one case, a 150 year-old local flower show—being cancelled because it was caught in the collateral damage of well-intentioned legislation, just like this part of the Bill that we are discussing now.
Amendment 85 also seeks to exempt higher education settings, where, surely, hearing and coping with diverse opinions is what education is supposed to be about. Amendment 86 seeks to remove any offence taken by casual overhearing if that happens just once, by applying a rule that would rely on the offender causing offence on purpose rather than by mistake, casually, or—with the recent enormous rise in employees whose first language is not English—doing so through an understandable lack of familiarity with the language, with its nuances, subtexts, sarcasms and ironies that a native speaker would understand.
Amendment 88 seems the most reasonable of all, removing the overhearing aspect of the legislation, which is the one most open to vexatious claims, and for which, surely, no employer can reasonably be held responsible in any foreseeable circumstances.
I hope that, after hearing all the arguments against Clause 20, the Government will agree that these amendments would remove the most egregious parts of it and bring an element of reality to bear on these unforeseeable and uncontrollable circumstances in which employers might find themselves.
My Lords, I will speak to Amendment 83, in the name of my noble friend Lord Young of Acton, and others in this group tabled by my noble friend Lady Noakes. I would like to reflect on the practical implications of these amendments for companies that regularly receive visitors in the course of their business. As noble Lords may be aware, I work for Marsh, an international, American-owned insurance broker. We are fortunate to welcome clients from across the globe—individuals from many cultures with diverse values—who come to London to discuss their insurance needs. As the noble Lord, Lord Londesborough, noted, at Marsh we are guided by a strong internal code of conduct known as The Greater Good. This code outlines our organisational values and individual responsibilities. It is built on three pillars: “Win with integrity”, “You are never alone” and “Speak up”. These principles are designed to ensure a safe, respectful and inclusive environment for all our employees wherever in the world we operate; it matters not whether it is London or Singapore.
However, while we can uphold these standards internally, we cannot reasonably expect all visitors to our offices to be bound by the same code, much as we might wish it. Nor can we predict or control every comment made in the course of a conversation. Is it truly fair or practical to hold a company liable for remarks made by a visitor that may touch on political, moral, religious or social matters, as we have heard, and are not indecent or grossly offensive but might none the less be perceived as offensive by an employee or another guest? Such a standard would place an impossible burden on businesses, not just in hospitality and so on. It is simply not feasible to monitor or pre-empt every interaction that takes place on our premises.
(1 month, 1 week ago)
Lords ChamberMy Lords, I also support these amendments from my noble friend and other noble Lords. It would be really helpful if the Government took a hard look at this. I spoke to coffee shop owners over the weekend, and to a very small business that is trying to manufacture British products in this country. They are all very worried about how they are going to cope with the burdens that will be placed on them.
It may well be useful for the Government to go back and look at whether they can make an exception for small businesses up to a certain number of employees—maybe three, maybe five and at least for those that have no ability other than to reach out and pay for very expensive advice, which often they cannot afford. These small businesses are at the heart of our high streets in local communities. They add value and are familiar to customers. The very small business—the micro-business, but particularly businesses with 10 employees or less—should be exempt from this Bill.
My Lords, it a pleasure to support my noble friend Lady Noakes and the noble Lords, Lord Londesborough and Lord Vaux of Harrowden, on Amendment 5 and their other amendment.
Small businesses and microbusinesses form a vital component of our national economy. These enterprises, while often agile and innovative, are particularly vulnerable to regulatory and financial pressures. Like all businesses—I should declare that I work for a very large American insurance broker—these enterprises have had to absorb the recent increases in the national minimum wage and adapt to the changes in national insurance contributions legislation. However, unlike larger businesses, they often lack the structural resilience and financial buffer to absorb such changes with ease. The impact on them is therefore disproportionate. This amendment proposes a sensible and measured opt-out for SMEs from additional obligations stemming from the proposed changes to zero-hours contracts—specifically, the move towards tightly prescribed guaranteed hours. As the Government’s own impact assessment acknowledges, these reforms are likely to have a disproportionate cost on small businesses and microbusinesses. I stress that this is not speculation but is drawn directly from the Government’s impact analysis.
Small businesses and microbusinesses span a wide range of sectors, but many are embedded within the UK as world-renowned creative industries that bring global acclaim and substantial economic benefit to this country. Many are driven by the energy, passion and commitment of individual entrepreneurs and small teams. I have had the privilege of speaking with several such business owners during the course of this Bill, and a recurring concern has emerged: the smaller the business, the harder it is to digest and manage such legislative change. Some have gone so far as to tell me that they are considering closing their operations altogether. That is a deeply troubling prospect. It is no exaggeration to say that measures such as these, if applied without nuance, risk undermining the very entrepreneurial spirit that we so often celebrate in this House.
There seems to be a regrettable habit forming on the Government Benches of legislating in ways that hinder rather than help the economic engines of this country. This approach is not conducive to national growth. It is not conducive to competitiveness. It is not conducive to job creation. It is certainly not conducive to easing the burden on the Exchequer—quite the opposite. Driving small businesses to closure will reduce tax receipts and increase demand for state support. We need to encourage investment, not chase it away.
Can the Minister explain clearly why this legislation must apply so rigidly to a critical sector of our economy? Why must we impose further burdens on the very businesses that we rely on so much for our innovation, employment and growth? Is there no room for proportionality and no scope for recognising the distinct challenges that are faced by the smallest enterprises? What I have said applies, to a great extent, to the middle-sized companies mentioned in Amendment 282, tabled by my noble friends Lord Sharpe and Lord Hunt of Wirral.
I leave your Lordships with a quote from the Spirit of Law by Montesquieu:
“Commerce … wanders across the earth, flees from where it is oppressed, and remains where it is left to breathe”.
My Lords, I support the amendments tabled by my noble friend Lady Noakes and the other amendments in this group. I do so as an employer, and my interests are declared in the register.
I am a very small employer, in a not-for-profit company. I am therefore one of the microbusinesses to which my noble friend Lady Noakes has referred—those which have zero to nine employees. I echo what the noble Lord, Lord Londesborough, said: smaller businesses will find it very difficult to afford the costs which this Bill will impose upon them.
Small businesses and the employers in them are not the adversaries of those we take on. Many small businesses, including a number in the digital sector, are start-ups—some started in that garage, about which Hermann Hauser once spoke. They build up their teams and develop by commitment. Each member of the team taken on is an asset—not just an expensive potential asset but a cost to begin with, in time and in the compliance of dealing with every member of the workforce. Such businesses do not have large HR teams or sometimes any HR teams. There is a cost in the salary and in trying to keep the employee by continuing to raise the salary as often as one can. There is also a cost in the investment of time.
I thank the noble Lord for that, but IKEA is pretty supportive of the overall intention of the Bill and of the national minimum wage, which is obviously outside the scope of the Bill, such as what we are doing on zero-hours contracts, other short-term contracts and all that. I will write to the noble Lord with further details on the various clauses that it supports.
Various noble Lords asked about the impact assessment. The benefits of the Bill that were published by the TUC show that even modest gains from reforms to workers’ rights will benefit the UK economy by some £13 billion. Opposing this, the impact assessment says that the costs to business would be some £5 billion or 0.4% of employment costs. The benefit is huge, and economists have done research on this.
I cannot agree more with the noble Lord, Lord Londesborough, who says that start-ups and scale-ups definitely generate employment. It is absolutely right that we have to support them and I strongly believe that the Bill does support them.
Various noble Lords mentioned day-one rights and difficulty in recruiting employees. Remember that, when you run a small business, yes, it is very competitive to employ your first employee: sometimes you have to compete with the big companies in matching salaries or even benefits. I believe passionately that the Bill puts SMEs on a level playing field with large companies, where they can offer the basic benefits in the Bill.
Sometimes we asked: why are we excluding SMEs because it is so difficult for employers to recruit, and why should employees in SMEs not get day-one rights? My answer is: why not? Why should they not get day-one rights? As I said, they are the people who work for the owners, for the owners to make the profit. Without them, the owners will not have a business, so it is very important that they are supported and I believe strongly that good businesses provide fantastic support to their employees.
My Lords, I am not sure that it is the difficulty in recruiting that is the real problem for small and micro businesses; I think it is the fear of recruiting. That is a really different point.
I thank the noble Lord for that. I might turn that around and say that, if I am looking for a job, I have a choice of big or small companies. I am taking a chance and a risk working for a very small company. I am not sure whether that company will last. That risk works two ways. I strongly believe that most people work for companies not because of what the company does but because they look at the owner or the founders and whether they want to work with such people. At the end of the day, the employees will also be taking a chance on the employer.
(2 months, 1 week ago)
Lords ChamberMy Lords, I declare my interest as an employee of a very large American insurance broker.
This Bill is deeply concerning, especially considering the recent legislative changes, such as the £25 billion raised through national insurance contributions and the 6.7% increase in the national living wage coming into effect next week. These developments are already creating significant challenges for businesses. Together with the regulations in this Bill, they highlight a troubling anti-business and anti-growth stance that risks undermining the foundations of the business community.
While the Bill aims to support workers and create a fairer society, it comes with substantial costs for many businesses, particularly small and medium-sized enterprises. These businesses will struggle to absorb these additional expenses without negative consequences. The key question is: how can businesses continue to grow and create jobs when burdened by such regulatory costs?
One of the many provisions in this enormous Bill is the introduction of a separate legal status for probation periods, alongside the removal of the qualifying period for unfair dismissal. This means businesses could face tribunal claims even during an employee’s probationary period. Although the Government have proposed a lighter-touch approach for probation, the details are yet to be fully determined and will depend on future consultations and secondary legislation. With tribunal waiting times already long—18 to 24 months—it is crucial to ensure that weak claims are dismissed promptly to avoid further strain on businesses. Whatever happens, it is more cost.
Moreover, the Bill introduces reforms to zero-hours contracts, including the right for workers on low-hours contracts to receive a contract reflecting the hours worked in the previous 12 weeks. However, the definition of low hours remains unclear and this uncertainty adds complexity for businesses in managing their workforce. Additionally, the Bill suggests allowing businesses to offer fixed-term contracts during high-demand periods instead of permanent contracts. If regulated effectively, this could help businesses better manage fluctuating demand. However, shifting the responsibility on to businesses to track when such rights are triggered and to offer contracts adds another layer of administrative burden. The Bill’s provisions on dismissal and re-engagement could also complicate restructuring efforts, potentially limiting a business’s ability to adapt to changing market conditions, such as office relocations or adjustments to working conditions.
I will only briefly mention the “Harassment by third parties” clause, which my new noble friend Lord Young of Acton has addressed so well. I believe it puts businesses in a near impossible position in trying to protect their colleagues and staff. It is essential that we find a balance between protecting workers’ rights and ensuring that businesses remain competitive, innovative, agile and responsive to the challenges of a rapidly changing domestic economy.
These changes, combined with the risks associated with permanent contracts, reduced flexibility in workforce restructuring and higher compliance costs, create a challenging environment for businesses. The Government must ensure these policies do not stifle the growth and job creation that the country needs. The anti-business and anti- growth narrative emerging from these legislative changes requires careful scrutiny. We must ensure that businesses are not overwhelmed by unnecessary bureaucracy and red tape. A thriving business environment is not only beneficial for businesses but also essential for the broader economy and the growth that this country desperately needs.
My Lords, I remind all noble Lords to stick to the time of four minutes. Thank you.
(8 months, 4 weeks ago)
Lords ChamberMy Lords, I am delighted to be able to take part in this debate, but before I start I should declare my interest as an employee of Marsh McLennan, the insurance broker. I thank the noble Lord, Lord Hollick, and his committee for this report and believe that nothing but good can come from this debate around the performance, independence and accountability of the UK regulators. I know that it was welcomed by many within London’s commercial insurance and reinsurance markets.
The committee’s report was particularly welcome in the context of the Financial Services and Markets Act 2023, which established a number of new accountability metrics and mechanisms, including a secondary objective for international competitiveness and growth for the FCA and PRA. These two regulators are now required to publish annual competitiveness and growth reports, the first of which were published in late July. These reports represent an important step forward and illustrate how the new accountability measures introduced are starting to engender a culture change in these regulators. Time will tell of progress. They also provide an opportunity for noble Lords, via the Financial Services Regulation Committee, to scrutinise the performance of these two regulators.
To take advantage of dynamic changes, businesses need to be able to respond swiftly to new opportunities and risks. They will have many choices about how and where to do that, so the speed, responsiveness and willingness of the regulators to support these innovations are vital factors. If London is to remain the global centre of risk transfer and retain its reputation for innovation, it needs to be able to offer customers all the tools available—tools used in competitor jurisdictions.
The noble Lord, Lord Hollick, touched on two topics, captive insurance and insurance-linked securities, which I would like to go a little further on. I am particularly interested in the potential of captive insurance, a rapidly growing global market estimated by Marsh McLennan to reach $161 billion by 2030, and of which the UK has no share. Core to its success will be the approach by the regulators; the regime needs to be designed and structured in a balanced and proportionate way. I urge the regulators to learn from their experience of the ILS market, an area where the UK market has broadly stalled—unlike Singapore, which copied the UK’s framework in 2019, since when 28 transactions have been launched thanks to the proactive work of its regulator, the MAS.
I welcomed the inclusion of a consultation on the creation of a UK captives regime in last year’s Autumn Statement. I understand that significant progress had been made prior to the general election about that consultation nearing publication. Pressing ahead and establishing the UK as a relevant captive domicile would mean that the UK could take advantage of a market that is growing rapidly, contribute to growth and bring back taxpayer capital currently held in the captives of UK public bodies based offshore. I hope that this House will continue to review these essential topics in the years to come. We have an important part to play in making the FCA and PRA fulfil their primary and secondary objectives.
I finish with two questions to the Minister. First, does she agree that, given that a number of UK public sector bodies currently base their captives offshore, the creation of a UK regime would be a positive step in bringing back taxpayer capital to the UK? Secondly, can she provide the House with an update on the Government’s work in preparing a consultation on the creation of a UK captives regime and, furthermore, will she prepared to meet me and other noble Lords interested in the potential of this market, to seek our views? We all want growth, with the UK economy thriving and driving our nation’s prosperity.