Employment Rights Bill

Debate between Lord Ashcombe and Lord Sharpe of Epsom

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Lord Ashcombe (Con)]

My Lords, it seems that, yet again, the noble Lord, Lord Barber, and I are not going to quite agree. I support both these amendments, particularly the one in the name of the noble Lord, Lord Palmer.

I would like to look at the amendments from the point of view of the employee. When an employee finds themselves in a disciplinary or grievance hearing—we heard from my noble friend Lord Jackson of Peterborough earlier—it signifies a profound breakdown in their relationship with their employer. It is a moment fraught with stress, uncertainty and fear; one where an individual may feel their professional life is unravelling before them. They may question how they will continue to support their family, whether they can afford to remain in their home, and what their future may hold.

Large corporations, such as the one I work for, have the benefit of HR departments to guide them through such proceedings, ensuring that their position is well-organised and profoundly represented. I have had the dubious pleasure of having to make people redundant; it is not fun, even with HR beside you, but they had nobody. In smaller companies, personal relationships between employer and employee can add an additional layer of complexity to the situation. In either case, the individual facing the hearing is often isolated, and struggling to recollect past events and present their case clearly.

These amendments, particularly Amendment 137, propose a fair and practical position: the right to have the assistance of a certified individual—someone equipped to review the facts dispassionately, organise events in logical sequence and provide the employee with a much-needed sense of reassurance. As we have heard, the trade unions already fulfil this role, particularly in large companies. However, many employees, myself included, choose not to join a union for a variety of personal reasons. The absence of union membership should not mean a lack of support in such critical moments. This amendment would ensure that every employee, regardless of union affiliation, has access to a certified individual who may provide guidance when facing disciplinary proceedings, fostering a fairer and more balanced process. For this reason, I support these amendments to uphold the right of fairness in our workplaces.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords for their contributions to this debate, and in particular the noble Lords, Lord Pitkeathley of Camden Town and Lord Palmer of Childs Hill, for introducing their Amendments 132 and 137.

As has been said, not all workers have or want access to a union representative. In fact, the latest statistics that I have from the Department for Business and Trade suggest that only 22% of all employees are unionised. Not all workers have access to or can afford legal advice, particularly, as the noble Lord, Lord Pitkeathley, pointed out, those in smaller workplaces or those performing more precarious roles. Allowing trained, certified HR professionals to provide advice could help ensure that more employees are supported when making important decisions about their rights.

It is important to recognise the valuable support already available through organisations such as ACAS—mentioned by the noble Lord, Lord Barber—citizens advice bureaux and others, which provide free and impartial advice. This amendment complements those services by seeking to expand the range of qualified advisers accessible to workers. The principle of widening access to competent support is a reasonable one, especially where safeguards are in place through certification by recognised professional bodies. As my noble friend Lord Jackson of Peterborough pointed out, if nothing else, that ought to serve to ease pressure on employment rights tribunals, which, as we have discussed many times over the course of this Committee, are stretched to breaking point.

I have to say to the noble Lord, Lord Barber of Ainsdale, that that was a classic case of the TUC advocating for a closed shop, and I applaud him for that. However, not so many employees are now members of trade unions, as I have pointed out, and the majority of trade union members are in the public sector.

The question of genuine independence will be critical, and I would be interested to hear the Minister’s response on that. I would also say, perhaps to the noble Lord, Lord Palmer of Childs Hill, that, without wishing to quibble too much with his amendment, I think that as currently written it gives the Secretary of State rather too much discretion in determining what is a professional body. If he wants to have a think about that, I am available for a chat.