Employment Rights Bill

Debate between Lord Balfe and Baroness O'Grady of Upper Holloway

Committee stage
Tuesday 29th April 2025 Lords Chamber

[Baroness O’Grady of Upper Holloway (Lab)]

My Lords, I admit that I am a little perplexed by Amendment 1, particularly in the light of the latest TUC-commissioned poll that was published last night. Not only is the Bill popular with the public, including a majority of Conservative and Reform voters, but, when they are faced with robust arguments against its key provisions, the Bill becomes even more popular with voters.

I am not sure that your Lordships or the public need this amendment to know that the Bill is about fairness, security and the right to an independent voice at work. The public are already well aware and, frankly, appalled that, under the previous Government, low pay and insecurity became mainstream in British working life. They want change.

Underlying this amendment—this might be my suspicious mind—is the worry that it is really about undermining the role of independent trade unions in representing workers’ interests. The ILO uses the term “workers’ organisations” for a reason. International law upholds the right to collective bargaining and freedom of association. Independent trade unions are workers’ best chance of getting their rights enforced and built on for better pay, safer workplaces, training opportunities and family-friendly hours, and they provide a democratic voice at work.

Without repeating the arguments from Second Reading, I encourage your Lordships to look at the evidence about just how far Britain has fallen behind other countries in employment protection, and how giving ordinary working people a stronger collective voice can help deliver more responsible businesses and a healthier and more equal society.

I encourage the noble Lord, Lord Fox, to cast his mind back to Labour’s introduction of a national minimum wage. He may remember that the Conservative Party and the business lobby said that a national minimum wage would cause mass unemployment and that businesses would collapse. In reality, the national minimum wage is now widely respected as one of Britain’s most successful policies. It has made a difference to millions of working lives in the teeth of opposition from the business lobby at the time. It is worth remembering that.

I end by saying that it is time to get on with and get behind the Bill, so that Britain takes the high road to improving business productivity by treating workers fairly, as human beings and not just commodities.

[Lord Balfe (Con)]

My Lords, it is a great pleasure to address a quorate meeting of the TUC General Council. I should declare an interest at the beginning: I am the honorary president of BALPA, the British Airline Pilots Association, a union that covers all the people who fly you on holiday and back again. Its motto or strapline for many years was

“every flight a safe flight”.

It regarded its job as to deal not only with the members but with safety. In dealing with the companies that we dealt with and still deal with, aircraft safety and looking after passengers was as much at the front of our mission as anything to do with pay and conditions. Of course, we were interested in them—we were a trade union, after all—but we were a responsible trade union. I stand on this side of the House pretty convinced that probably a majority of the members of BALPA support this party. Let me remind the House why.

Most people do not join a trade union for any political purpose. They often join, as I did at the age of 16, because it is there. Nowadays, most trade unions, particularly the better ones, have a free legal advice service and will get you a discount on your car insurance. I have told this story once before, I think, but at a point when we had a silly dispute between my family and the bursar of our local private school, I rang up the union solicitor and he drafted me a letter to send to the bursar very quickly. I apologised and said, “I am sorry. I dare say this is not what you are normally here for”. I will always remember his reply. He said, “Mr Balfe”, for I was that in those days, “we are not here to judge our membership. We are here to help them”. At the basis of virtually every trade union official and action is the desire to help the membership. Nobody I know regards going on strike as anything other than a defeat, because it means the members do not get paid, you often lose pension entitlement, and you lose your wages. You know, people go to work to get their work done, to get a reasonable wage.

I always had a lot of time for a person who is almost unmentionable in modern politics, Edward Heath, because I thought that he came nearer to understanding the TU movement than probably any leader of the Conservative Party and maybe any leader overall. Indeed, I remember when I was a much younger trade union person in the 1960s asking a group of Conservatives who they thought was the best Secretary of State for Labour there had ever been. The result was unanimous: Sir Walter Monckton, Conservative Minister under Churchill, was reckoned to be the one who listened to them the most. You always have to have a runner-up in these things just in case one falls down, and that was Iain Macleod.

Strikes (Minimum Service Levels) Bill

Debate between Lord Balfe and Baroness O'Grady of Upper Holloway

Consideration of Commons amendments
Thursday 8th June 2023 Lords Chamber

[Baroness O’Grady of Upper Holloway (Lab)]

My Lords, this Motion seeks to uphold a principle long established in British law: that workers on strike are protected against the sack. Noble Lords will recall the concerns of the noble and learned Lord, Lord Judge, at Second Reading. He said that

“this is a troublesome piece of legislation. It asks us all a very simple question: when does the right to withhold your labour … cease to be a right? It answers that question too … the right ceases when, following a ministerial decree, your employer can oblige you to work, and if you fail to do so you can lose your job”.—[Official Report, 21/2/23; col. 1568.]

Not since the Second World War have a UK Government taken power to facilitate the requisitioning of people to work against their will. This would make the UK an outlier in Europe and flies in the face of human rights, equality and ILO conventions as reaffirmed by the Government in the EU–UK Trade and Cooperation Agreement. The Government have succeeded in uniting employers, unions, the devolved nations and service users against them. In the interests of transparency, I repeat that Labour is 100% committed to repealing this bad Bill.

My Motion returns to the core concern: that striking workers selected by the employer they are striking against can be forced to work or face the sack. Remember, this legislation would unilaterally change the employment contracts of potentially millions of people—and all through secondary legislation with no proper parliamentary scrutiny or accountability. Minimum service levels determined by a Secretary of State could be set up to 100% and require staffing levels to match. The union may have jumped every hurdle to secure a lawful ballot and the worker may have democratically voted to strike, but protection against the sack will be whipped away by an employer simply putting their name on a piece of paper. The worker may not even have received the work notice; there is no obligation on the employer to make sure that they do. Their automatic protection against dismissal will be annulled. This is manifestly unjust.

Remember, too, that minimum service levels apply only to strike days. For the rest of the year, a Secretary of State can close fire stations, see rail services fail, see asylum seeker backlogs grow, increase class sizes and let NHS waiting lists—shamefully now at 7.3 million—soar. I have listened carefully to the debates in both Houses. Ministers are trying to sweep the issue of sackings under the carpet.

On 10 January, the then Business Secretary Grant Shapps said it was wrong to frighten people about their jobs. The Minister has said on many occasions, including on 21 February:

“This legislation is not about sacking workers”.—[Official Report, 21/2/23; col. 1563.]


On 22 May, the Under-Secretary of State told the House of Commons that

“nobody will be sacked as a result of the legislation”.—[Official Report, Commons, 22/5/23; col. 103.]

The official reason from the Commons for rejecting my original amendment is that

“for the legislation to be effective, it is necessary for there to be consequences for an employee who fails to comply with the work notice”.

So the consequence of exercising the human right to withdraw your labour is the removal of protection against unfair dismissal. In a free society, that is chilling. The very workers Ministers thanked for their heroism during the pandemic and stood on doorsteps to clap can be punished for striking with instant dismissal.

Key workers have already sacrificed so much for the rest of us. Unless the Government accept this amendment, Ministers now expect them to sacrifice their right to strike, or pay the price with their livelihoods. I sincerely hope that my amendment will be supported in this House and that it will give the opportunity for the Government to listen and think again. I beg to move.

[Lord Balfe (Con)]

Noble Lords will not be surprised that I agree with the amendment as tabled. I have been a student of history for many years. You do not requisition labour except in times of dire national emergency. We did not even requisition it at the outbreak of the Second World War. Conscription did not come in until half way through the First World War. To deprive a person of the liberty to decide whether they go to work is something that is done carefully and very seldom. I think this goes far too far. It is an imposition not only on the workforce but on the trade union movement.

We spend a lot of time saying how much we want to build a prosperous Britain, but I remind noble Lords that 60%-plus of trade unionists have a higher education degree or more. We are not dealing with the trade union movement of the 1920s. We are now dealing with a trade union movement on which Britain depends for its prosperity. The people who look after the skies, fly the planes, run the National Air Traffic Service, keep our nuclear power plants going and manage our railways are highly skilled people who are in trade unions because they see a trade union as being a way of defending their interests.

Sadly for the party opposite, some one-third of them do not see that party as being the one that will deliver their political future. But that is a good thing, because I do not believe that we want sectarian trade unions. I want people to join trade unions because they want to better the welfare of their country. Taking steps such as this will just alienate people. They are not the sort of steps where people are going to be happy and say, “Oh it’s a really good thing”.

As for minimum service levels, I live in Cambridge. We seem to have had lots of strikes this year, but there has never been one that prevented me getting here, because many of the unions have a harder job keeping their people out on strike than getting the original ballot to put them on strike because, when push comes to shove, a lot of them do not wish to lose the money that they lose. So I think we need to be realistic about this.

All we are doing here is heating up the atmosphere and making it harder for the reasonable people in trade unions to make this country work. Every trade union has within it a group of people who hate strikes; they regard them as being the last thing they want, because it is a sign of failure. So I say to the Government as a whole—because it is not just this Bill—for goodness’ sake, make peace with organised labour; it is fundamentally on your side. It is much more on your side than some of the people who are contributing to the political parties of this nation and doing so for reasons which I would not say are particularly honourable. So please, Minister, send this back to the Commons and look for a compromise. I certainly will not vote for it to go again because I believe that the Commons must, in the end, have its primacy; that is why we have it. But it is quite legitimate to send this back and I ask that, when it gets there, our Ministers on our Front Bench say, “Look, there are very genuine reasons for this. Please try and give us some concessions”.