Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Lord Lennie Excerpts

Tuesday 27th April 2021 Grand Committee

[Lord Lennie (Lab) [V]]

My Lords, limb (b) workers, which this instrument relates to, can be found in any sector, but, as we have heard, they are particularly common in the gig economy. The TUC estimates that one in 10 adults—about 4.7 million people—engage in gig economy work. It can be fragile, insecure work, with one-sided flexibility. Working people need a Government who will stand behind them, not a Government who fail to protect them or who correct mistakes far too late.

This statutory instrument represents a failure of government: a failure to ensure that workers have the same rights as before Brexit, and a failure to protect workers during a pandemic. These changes were made only following a judicial review brought by the International Workers’ Union for Great Britain against the Government, in which the High Court found that the UK had failed fully to implement two European Union directives in domestic law, as protections were applied only to employees when they should have been extended to limb (b) workers.

This instrument proposes amendments to Section 44 of the Employment Rights Act to correct this mistake and extend the right to protection from detriment to limb (b) workers if they are in circumstances of danger when coming to and going from work. I want to understand from the Minister, first, why the Government, during a pandemic, wanted to take a case concerning the health and safety of workers to the High Court. Can the Minister confirm when the Government were first made aware of the issue with implementation? How much did the court case, which the Government lost, cost the taxpayer?

Sadly, this mistake is being only partially rectified today. The EM states:

“Work is also underway to consult and extend The Personal Protective Equipment at Work Regulations 1992/2966 to all workers through an additional statutory instrument due to be laid later this year.”


Why has this not been a priority? When will the regulations be published?

Such a mistake cannot happen again. Therefore, will the Government conduct a review into the implementation of all EU directives concerning workers’ rights which are retained in domestic law to ensure the rights have not been diluted? We need insecure workers to be properly protected, so I hope the Government will bring forward their long-delayed employment Bill straight after the Queen’s Speech.