Employment Rights Bill

Debate between Lord Lucas and Baroness Whitaker

Committee stage
Monday 19th May 2025 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, it is a great pleasure to follow the noble Lord, Lord Cromwell. This group of amendments, in particular those dealing with non-disclosure agreements, deals with issues that are of cardinal importance in making workplaces safe for in particular but not only women. I support them and will speak briefly to Amendment 101 and others.

I cannot add to the comprehensive and telling introductions by my noble friends Lady Kennedy of The Shaws, Lady Chakrabarti and Lady O’Grady, the noble Baroness, Lady Kramer, and indeed all the others, but I will just remind the Committee of the fact that my experience of employment tribunals confirms the need for these amendments to the Bill. It is not only the high-profile cases that we hear about which are representative of the problem. I got to know of very many instances of women in low-paid, insecure work, often from minority-ethnic backgrounds or even disabled, who could not afford legal advice, which was addressed by the noble Baroness, Lady Morrissey.

When this issue was raised at Second Reading, my noble friend the Minister answered very positively, but I share the opinion that more must be done and I hope she will do it. If we can make our universities safer by banning NDAs in cases of sexual harassment, then the least we can do is to mirror those safeguards for employment.

[Lord Lucas (Con)]

My Lords, I very much agree with the noble Lord, Lord Cromwell. That a Lucas can agree with a Cromwell demonstrates the healing power of time—it has taken only 400 years.

I support the amendments in this group, particularly Amendment 101. I very much like the amendment from the noble Baroness, Lady Chakrabarti, because it would draw in what happened to my friend who went through the NDA process. I like Amendment 147 because, as the noble Lord, Lord Cromwell, said, this should all be about producing better behaviour. You want an incidence of bad behaviour to lead to better behaviour, not to disguise and cover-up. That ought to be the fundamental drive of the process.

To add a couple of sidelights, I am told it is very much current employment practice to ask, when taking a reference from a previous employer, whether an NDA has been signed. If the answer is yes, you take that employment no further—so NDAs can be really damaging things to sign. It is therefore important that someone signing one has achieved the fully informed consent that the noble Baroness, Lady Kennedy of The Shaws, referred to.

Another aspect of obscurity is in tribunal awards. I note, for instance, that tribunal awards that really criticise what has gone on in a school remain private. They never get sent to Ofsted. We ought to be using that tribunal process and what it has discovered to produce change. Where these things cannot be made public, as is often the case, they ought none the less to get into the system in a way which encourages better behaviour in future.

Schools Bill [HL]

Debate between Lord Lucas and Baroness Whitaker

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Lucas (Con)]

My Lords, I have some amendments in this group: Amendments 136A and 137A are timing amendments, and we have covered that subject already.

Amendments 140A, 143A, 143C, 143D, 143E and 143H are of a technical nature. I think the quickest thing would be for me to listen to the Minister’s reply, because I think I have made my intentions clear in the amendments.

Amendment 143IA goes back to an earlier discussion on the relationship between local authorities and home educators. It suggests that having Ofsted report on the quality of the home education provision in a local authority, and on the quality of the work that it does on school attendance, would be a useful way of redressing the balance between home educators and a local authority, and that it would direct the attention of the local authority to the need to perform well in this area, and would have similar benefits in the case of attendance.

[Baroness Whitaker (Lab)]

My Lords, I have in Amendment 143G a very simple provision that, on acquittal for breaching a school attendance order, that particular school attendance order dies—no ifs, no buts. Surely, natural justice mandates that the court’s decision is respected for that specific attendance order.

Technical and Further Education Bill

Debate between Lord Lucas and Baroness Whitaker

Committee: 2nd sitting (Hansard): House of Lords
Monday 27th February 2017 Grand Committee

[Lord Lucas]

My Lords, most of what I want to say has been said very well by the noble Baroness, Lady Garden. I have a couple of questions to add. First, some of the existing awarding organisations have quite substantial overseas businesses in the qualifications that they currently run. Is it the Government’s intention that these should be destroyed? I cannot see how they could be continued under the proposed IP arrangements. Secondly, how do the Government propose to deal with the incorporation into their regulated qualifications of qualifications whose IP they cannot hope to own, such as a CompTIA or Cisco qualification? In other words, if an apprenticeship can have four or five of these qualifications stuck in it like a currant bun—which is very much what employers want—presumably no transfer of intellectual property is involved. If this is the case for CompTIA, why should it not be the case for any existing awarding organisation?

[Baroness Whitaker (Lab)]

I remind noble Lords of my fellowship of the Working Men’s College. I support Amendment 20, not only for all the reasons so eloquently expressed by my noble friend but because it also offers a much more solid opportunity for young people from the Gypsy and Traveller communities to enter apprenticeships and to gain qualifications. These people have often dropped out of secondary school. A high proportion do so, for a variety of reasons. High among them are bullying and discrimination, and there is also a degree of alienation. However, these young people want to earn a living. They live in a work culture, an entrepreneurial one even. Their traditional trades—tarmacking, tree-lopping and scrap metal dealing—now need a high enough standard of literacy and numeracy to understand quite a lot of documentation, such as safety regulations and all sorts of papers. They do not often acquire these at school, so the implementation of this worthwhile amendment could result in many more such young people gaining a credential and raising their earning potential, so allowing them to join a society which, in the past, has tended not to be sympathetic.