Employment Rights Bill

Lord Evans of Rainow Excerpts

Report stage
Wednesday 23rd July 2025 Lords Chamber

Given the confusion from her earlier letter and the arguments I made earlier, I very much hope that this House will support my amendment. I intend to test its opinion.

[Lord Evans of Rainow (Con)]

My Lords, I shall speak to my Amendment 149, regarding broad workforce support. I was born and brought up in a working-class community that was specifically built to supply workers to build aircraft for a very large organisation employing thousands of people. As a teenager, I was lucky enough to get a job there, but I worked for a contractor which was not unionised. I remember going to the works canteen on the first day, and I was asked two questions: was I a member of a union and was I a Tory? The answer was no to the first one; as to the second one, I did not quite know because I was not old enough to vote, but perhaps I did turn out to be a Tory. I was asked to leave and told that if I was not a member of a union, I could not be in the canteen, so I left.

Because it was a tight-knit, working-class community, I was asked later by family, friends and relatives who worked at this factory why I did not go to the canteen. When I explained to them that I was not made welcome on the first day, they asked, “Who was it who said you couldn’t come in?” When I explained to them who it was, they said, “Oh, don’t take any notice of him, he’s a union convener”—I cannot remember the name of the trade union. Then I started to learn one or two things about trade unions. My noble friend Lord Balfe reminded me that there was a pecking order within the workforce. I learned that different trade unions represent different skill sets. I recall, because it was an aircraft factory, that if you were an electrician and a member of TASS, you regarded yourself as a superior trade unionist.

[Lord Balfe (Con)]

We were.

[Lord Evans of Rainow (Con)]

Some things have not changed. Then you had the mechanical engineers, the aircraft fitters, and so on and so forth: several different unions representing different members. I learned as a very young man that some unions are more militant than others and that a very small group of people could bring a whole aircraft plant to a halt.

I recall crossing a picket line. I was not a member of a trade union, but I was a contractor. A small group of trade unionists brought the plant to a halt. I turned up to work and wanted to go through the gates, and I was barred. But I was always taught to stand up to bullies, so I insisted on going through the gates—indeed, I did walk through the gates. I can remember to this day—and it is 45 years ago—the abuse I received as I walked through those gates to work as a young teenager. I still recall it, because every time I go to a Conservative Party conference I get a very similar amount of abuse. So some things have not changed.

The noble Lord, Lord Barber, rightly pointed out that trade unions are a force for good, because they look after their members in so many ways. Nobody across this House would argue with that. But the point of my amendment is that a small group of militant colleagues on the trade union side can bring the whole factory or organisation to a halt. Throughout this debate we have talked about SMEs; in this case I am talking about a very large organisation. It is the intimidation of the minority that affects the majority. Eliminating the 50% turnout threshold for strike ballots would significantly lower the bar for industrial action, allowing strikes to proceed if only a small minority of the workforce participates. This creates unpredictability and challenges for business continuity and planning, as substantial disruptions could occur based on the votes of a very limited number of employees.

In sectors where products are highly perishable, including the distribution of medicines or those with just-in-time supply chains, the ease of initiating industrial action increases the risk of supply chain interruptions. Some medical products have a limited shelf life. Strikes at distribution centres could lead to critical shortages, with direct consequences for public health and patient care. For industries that rely on seasonal production cycles, such as manufacturing and distribution of vaccines, removing the threshold places the delicate timing of mandatory deliveries at risk.

Even short periods of industrial action could jeopardise the ability to meet strict production targets and delivery deadlines, impacting public services and national preparedness. Lowering the requirements for strike action could deter domestic and international investors, who typically are seeking business environments with stable industrial relations frameworks. The potential for frequent or unpredictable strikes may lead to perceptions of elevated operational risk, discouraging long-term commitment across multiple sectors. The absence of a robust threshold may undermine industrial relations by encouraging strike action that lacks clear, broad-based support among employees. This could erode morale, create internal divisions and reduce trust between management and staff, ultimately affecting organisation productivity and the wider economy. I grew up in the 1970s; we do not want to go back to the 1970s.

[Lord Jackson of Peterborough (Con)]

My Lords, I will speak very briefly to Amendment 149A—and Amendment 149, spoken to very ably by my noble friend Lord Evans of Rainow. He is absolutely right about the qualifying percentage. Not long ago, I was thumbing through my copy of the Labour Party rules, as you do; the template rules of the Labour Party. I noticed that regional executive council meetings of that party have a quorum of 33% in terms of any decisions made in the deliberations of that committee. If the Labour Party is going to impose a less than 50% and certainly less than 33% marker for decisions being made internally, it is odd that it does not take a similarly robust attitude towards important decisions that affect many workers in industrial landscapes and industrial relations.

Amendment 149A addresses a very perverse consequence—the decision, in terms of Clause 72, to remove proper organised supervision of industrial disputes in the industrial landscape that we have at the moment. It is pretty odd that there does not appear to be a rationale for this. It seems sensible and prudent for us to be in a position where trade union officials are responsible for ensuring that there is an orderly management of industrial disputes. No case has been made by Ministers, in Committee or at Second Reading, for why it is necessary, other than demands from the trade unions to remove that part of previous legislation.