Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Report stage
Monday 14th July 2025 Lords Chamber

Moved by

[Lord Palmer of Childs Hill]

31: After Clause 17, insert the following new Clause—
“Kinship care leave(1) The Employment Rights Act 1996 is amended as follows.(2) After section 80EI insert—“Chapter 5AKinship care leave80EJ Kinship care leave(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to an eligible kinship care arrangement with a child.(2) The regulations must include provision for determining—(a) the extent of an employee’s entitlement to leave under this section in respect of a child;(b) when leave under this section may be taken. (3) Provision under subsection (2)(a) must secure that—(a) where only one employee is entitled to leave under this section in respect of a given child, the employee is entitled to at least 52 weeks’ leave;(b) where more than one employee is entitled to leave under this section in respect of the same child, those employees are entitled to share at least 52 weeks’ leave between them.(4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—(a) at least one year, and(b) until the child being cared for attains the age of 18.(5) For the purposes of this Chapter, “eligible kinship care arrangement” means—(a) special guardianship,(b) a kinship child arrangement,(c) a private fostering arrangement, or(d) a private family arrangement,within the meaning given by section (Meaning of “kinship care”) of the Employment Rights Act 2025.(6) The regulations may make provision about how leave under this section is to be taken.(7) In this section—(a) “special guardianship”, “kinship child arrangement”, “private fostering arrangement” and “private family arrangement” have the same meanings as in section (Meaning of “kinship care”) of the Employment Rights Act 2025.(b) “week” means any period of seven days.80EK Rights during and after kinship care leave(1) Regulations under section 80EJ must provide—(a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,(b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and(c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EL.(2) The reference in subsection (1)(c) to absence on leave under section 80EJ includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—(a) maternity leave;(b) paternity leave;(c) adoption leave;(d) shared parental leave;(e) parental leave;(f) parental bereavement leave.(3) In subsection (1)(a), “terms and conditions of employment”—(a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but(b) does not include terms and conditions about remuneration. (4) Regulations under section 80EJ may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.(5) Regulations under section 80EJ may make provision, in relation to the right to return mentioned in subsection (1)(c), about—(a) seniority, pension rights and similar rights;(b) terms and conditions of employment on return.80EL Special cases(1) Regulations under section 80EJ may make provision about—(a) redundancy during or after a period of leave under that section, or(b) dismissal (other than by reason of redundancy) during a period of leave under that section.(2) Provision by virtue of subsection (1) may include—(a) provision requiring an employer to offer alternative employment;(b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).80EM Chapter 5A: supplemental(1) Regulations under section 80EJ may—(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;(b) make provision requiring employers or employees to keep records;(c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);(e) make special provision for cases where an employee has a right which corresponds to a right under section 80EJ and which arises under the person’s contract of employment or otherwise;(f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80EJ;(g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EJ;(h) make different provision for different cases or circumstances;(i) make consequential provision.(2) The cases or circumstances mentioned in subsection (1)(h) include—(a) more than one child being subject to the same eligible kinship care arrangement, and(b) a child being subject to an eligible kinship care arrangement on two or more separate occasions,and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.(3) The Secretary of State may by regulations make provision for some or all of a period of kinship care leave to be paid.””Member’s explanatory statement
This amendment inserts provision which sets out an entitlement to kinship care leave.

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[Lord Palmer of Childs Hill (LD)]

My Lords, Amendments 31 and 32 in my name relate to the often-ignored subject of kinship care. The amendments seek to introduce—at last—kinship care leave as a paid entitlement and to establish a legal definition of kinship care, which is something many people do not even think about. It is time to address the current lack of formal employment rights and protections for kinship carers.

It is long overdue that we legally recognise and reward the grandparents, aunts, uncles and other relatives who step in as carers. More than 130,000 children in the UK are in kinship care, which is, amazingly, three times the number who are in foster care. When family crises occur—and they do occur—it is often kinship carers who step up to the plate, preventing children from being swept up into the formal care system.

Amendments 31 and 32 would allow families breathing space in order to adjust and, most importantly, support the well-being of the child. Support of kinship care is cost effective, as it reduces pressure on an overtasked care system. It is time to be compassionate for everyone’s long-term benefits—and I may well ask your Lordships to vote on this at the end of the group.

The Government’s Amendment 34 extends bereavement leave to include pregnancy loss. I commend this amendment to the House.

We are not debating or voting on Amendment 97 now, because it has been degrouped. It is in the name of the noble Baroness, Lady Grey-Thompson, and gives a statutory right to paid leave for working parents who are forced to stop working to care for a critically ill child over 28 days old. This is described as Hugh’s law, after one who suffered in this way. I commend this amendment, which we will get to when we get to its degrouped place; it was originally in this group.

The other amendment in my name, Amendment 104, is on statutory carer’s leave. We owe a great deal to unpaid carers, who are the backbone of our society. Their support is worth a staggering £184 billion a year to older, ill or disabled relatives or friends—support without which society would collapse. The reality, however, is that this comes at a cost to them. Around 600 people a day give up work to care, and 1.2 million face poverty and financial hardship. Research shows that the majority do not have a choice about caring, because there are no care alternatives available. Employers are losing skilled labour every day because of caring, at a cost to their productivity. For some small employers, which we have spent a lot of time talking about, losing skilled workers can have an even bigger impact.

This amendment in my name would provide for the Government to publish regulations that would recompense employers, particularly small employers. There is insufficient social care and health services to plug the gap. Supporting carers to stay in employment is cost effective, and many carers have told Carers UK that they want to stay in work. Polling carried out by Carers UK found that 88% of unpaid carers of working age said that they needed paid carer’s leave.

The amendment that we brought forward in Committee has been refined, I hope for the better, having received comments from the Minister that the original drafting would have been different to that for other entitlements. We have therefore aligned the entitlements to pay for statutory carer’s leave with other similar statutory entitlements. This is very modest and yet would reflect a critical step forward for unpaid carers. The modest entitlement would normally be up to only five days of paid leave. It is described as a week, and a week is—amazingly—described as up to five days. This is how it is set out in the Carer’s Leave Act.

The Government could set the rate of statutory pay. The cost of statutory carer’s leave, based on estimates from Carers UK, is between £5 million and £32 million per annum. That is based on actual take-up rates of carer’s leave with employers. Centrica has two weeks of paid carer’s leave at full pay, with a further two weeks of matched leave. The Carers UK report says that just 3.4 days, on average, are taken by employees as carer’s leave. The Government’s estimate of the cost of carers’ inability to work is £37 billion. The personal cost is even greater if carers have to give up work, as they do, in order to care.

In advance of the Bill, Carers UK has been talking to carers about what paid carer’s leave would mean. One carer, who is a bus driver, has not had a holiday in seven years because of caring. He takes annual leave first, because it is paid, then unpaid leave if he has to. Work is extremely important to him, as he said that it “keeps him going” but that it is hard caring for two people without a break. He has been to his council, but does not get much support. He is still waiting, because the more trained care workers who his son needs are not available.

Another carer, who works in the NHS, is struggling to work and care, but she does not have paid carer’s leave. This leaves her burned out and exhausted, and she has to take her annual leave. We cannot afford to lose valuable NHS staff as a result of providing unpaid care. Paid carer’s leave is vital for those who cannot afford to take unpaid leave. What hope can the Government give to people like this who juggle every day and who need support such as paid carer’s leave, so that they can keep caring and working?

Will the Government go one step further and commit to building on the Carer’s Leave Act 2023 in introducing paid carer’s leave? Given that a parental leave review has been published for consultation and engagement, can the Minister tell the House what the Government’s message to unpaid carers and the review of carer’s leave are? Will the objectives, timetable, report and engagement be published? Carers are a valuable resource, but they are not appreciated. It is time that we in this House started appreciating them. I beg to move.

[Baroness Coffey (Con)]

My Lords, I speak to the two amendments that I have tabled. The loss of any foetus or potential child is a massive grief, and I entirely understand why this provision has been brought forward. My right honourable friend Jeremy Hunt commissioned the independent review into pregnancy loss several years ago, and a variety of actions have taken place, particularly in thinking of people with miscarriages. By law, a stillbirth is anything from 24 weeks onwards, but being able to register a birth such that, in effect, people who lose their foetus after 24 weeks can have a birth certificate in the same way was a good thing to do.

I am speaking today to try to get clarity on what the Government are proposing. If the Bill specifically mentioned miscarriage or ectopic pregnancy or molar pregnancy, I would not be speaking, although I would still want to get some understanding through Amendment 35. Perhaps I will start with that first.

I would be very grateful if the Minister could explain the new Section 80EA(3A)(b) of the Employment Rights Act 1996, to be inserted by Amendment 34. It says that a person is bereaved if

“the employee satisfies specified conditions as to relationship with … a person who has suffered a pregnancy loss … or … a child who had been expected to be born had a pregnancy loss of a specified kind not occurred”.

It would be useful to understand why it is not being put in the Bill who it is expected that this will extend to—I do not know whether it is the father, a donor, a sibling, a grandmother, a grandfather and so on. I completely understand why, at such a difficult moment, we might want to extend bereavement leave, and not just for the mother, but it would be useful to get a further sense of that from the Government.

The main reason I am speaking today is my Amendment 41. It is an amendment to Amendment 40, which inserts a new paragraph into Clause 18 that defines “pregnancy loss” as

“the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than a live birth, or (b) the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990”.

I am conscious that these recommendations were made by a Women and Equalities Select Committee report, but I want to understand what is in the Government’s mind today. It is quite a moment to choose to, in effect, use the Employment Rights Bill to define what a pregnancy is, particularly with regard to IVF. I know many people who have been through IVF, who of course have disappointment if it does not work that month or that year, and will try again. The fact that roughly 30% of IVF treatments are successful—I have shared those statistics previously—leaves a whole range of situations where a transplant has not happened. As I said, I am somewhat concerned at what is almost the redefinition of “pregnancy” when we are considering the body of a woman.

Furthermore, when it comes to

“the ending of a pregnancy … in any way other than by a live birth”,

the latest statistics published by the Department of Health and Social Care stated that there were around 250,000 abortions in this country in 2022. That was up 17% from the year before. Meanwhile, although I can entirely understand aspects of foetal anomaly or risks to the health of the mother, according to Department of Health and Social Care statistics that were published and referenced in the Commons Select Committee report, there were around 3,300 abortions for those reasons. There is a very significant difference between 3,300 and 250,000 but, as it stands, anyone who had a legal abortion will be counted in that statistic. I am not aware that the Department of Health and Social Care has yet decided how it will count in its statistics the number of abortions from pills through the post. At the moment, it does not even count the number of pills issued.

I am trying to get clarity from the Government. Is it really their intention that a person who has an abortion—up to 250,000 people a year—will be entitled to bereavement leave? That is what this primary legislation is saying.

On other issues in the Bill, all sorts of things are put into Henry VIII powers or regulations or other conditions. I seek to understand why the Government feel that this should be in the Bill. Obviously, every loss undoubtedly brings horrific grief. I know that, having had had to care for people in that situation and similar, and I understand why this is going ahead. Despite the potential for sickness leave being open, I recognise that under the Equality Act any discrimination would be against the law. I understand the steps the Government are taking, but I would be grateful for a genuine and huge level of detail on what they are setting out today in primary legislation. I commend my amendments to the House.

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[Lord Leong (Lab)]

I thank the noble Baroness for that. I did say that the review will look at that, and hopefully it will cover what noble Lords are asking for. I will be moving Amendments 33, 34 and 36 to 40 shortly.

[Lord Palmer of Childs Hill (LD)]

My Lords, I thank the Minister and the Government Benches, particularly for the kind and very true words about the activities of Sir Ed Davey in highlighting carers’ value to society. I thank my noble friend Lady Tyler, who explained—better than I did—about kinship carers and paid carer’s leave. I thank the noble Baroness, Lady Coffey, for asking for clarity from the Government because I do not think there is clarity. As usual, I thank the noble Baroness, Lady Lister, for stressing that we need the principles of carer’s leave and being very practical and asking for the terms of reference, which I think are not clear.

The noble Lord, Lord Sharpe, focused on the cost of these amendments. On paid carer’s leave, the amendment provides for employers to pay, but then they can be recompensed via HMRC by the Government. It would be a cost to the Government in the end, but it could lead to a happier workforce and people can gain more from it.

When we talk about kinship care or paid carer’s leave, it is not in isolation. The NHS is under considerable stress. If you do not have the input of carers, and give them some recompense for that care, the NHS will collapse even more than it is collapsing now. This is not just something that is being generous. It is practical to make the NHS better, make caring better and make the work of grandparents, uncles, aunts and others appreciated in some way. I thank the Minister for saying that there is a review and things will change. I hope this debate will focus the Government’s mind on it. On that basis, I wish to test the feelings of the House.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 24th June 2025 Lords Chamber

[Baroness Neville-Rolfe (Con)]

It is a pleasure to follow the noble Lord, Lord Hendy, and the thoughtful contributions from the noble Lords, Lord Berkeley and Lord Russell of Liverpool.

I think I was responsible for some of the curveballs on illegal e-bikes and e-scooters that have peppered this Chamber in recent years. I regard their operation as dangerous, especially for elderly people and the disabled—“a Wild West” is the phrase I used before I became a Minister and learned my P’s and Q’s.

I hope the Minister will agree to the request from the noble Lord, Lord Berkeley, for a discussion on what can be done to tackle the current loopholes, even if nothing can be done in this Bill. It is an important matter and we should try to progress a solution.

[Lord Palmer of Childs Hill (LD)]

My Lords, Amendment 323E, tabled by the noble Lord, Lord Berkeley, is a curious but important proposal, addressing a very real challenge in the evolving world of work. The noble Lord, Lord Russell, pointed this out, as has the noble Baroness, Lady Neville-Rolfe, and the noble Lord, Lord Hendy.

The amendment seeks to clarify that substitution clauses in app-based platform work, such as food delivery, courier services and private hire transport, are valid only where the right to substitute is genuine, viable and actually used in practice. As many of us will know, much of our employment legislation was developed in an era when the labour market looked very different. The rise of app-based platforms and the gig economy has created new forms of work that do not always fit into the traditional categories of employment or self-employment, as has been said by previous speakers.

This amendment seeks to clarify one such grey area: the use of substitution clauses in platform work. It rightly asks whether these clauses are, in practice, genuine and workable, or whether they are being used to deny individuals the worker status that they would otherwise be entitled to. The noble Lords, Lord Russell and Lord Hendy, and others have explained in detail how that works in practice.

The broader point is that the Government must ensure that our workers’ rights framework is not stuck in the past. It must be up-to-date and dynamic enough to reflect the modern patterns of work and provide reasonable security for those engaged in them.

Too often, the flexibility of gig work is celebrated without enough attention being paid to the insecurity that can come with it: uncertain hours, low pay—which has been mentioned, including lower pay than the normal driver—and limited recourse to rights. Ensuring that the legal definitions we rely on are not open to exploitation is a vital step in protecting workers and maintaining fairness in the labour market. As other noble Lords said, this amendment may not be the final word on the matter, but it makes an important contribution to a conversation—the noble Baroness, Lady Neville-Rolfe, used the word “discussion”.

I give my compliments to the noble Lords, Lord Hendy and Lord Russell, and the noble Baroness, Lady Neville-Rolfe, and others for this conversation—or discussion. I hope that the Minister and the Government will see that there is a gap in employment legislation that needs to be looked at. We ought to deal with people, such as couriers and drivers, who are substituting to people paid even lower wages—and then scooting in front of you at the traffic lights, trying to push up the number of deliveries or collections they are making—in primary legislation, not in a statutory instrument somewhere down the line. I hope that the Government will look at this before we get to Report.

[Lord Sharpe of Epsom (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Palmer, with whom I agree pretty much entirely.

This has been a much more fascinating debate than I was anticipating, and that says a lot more about me than it does about the debate. I was particularly struck by the comments from the noble Lord, Lord Hendy; I had no idea that such practices had been accepted by the courts. That seems to be one of the cases, as we discussed in an earlier group, where the gig economy workplace is evolving rather faster than the law. That clearly needs to be looked at, otherwise we will end up with what seem to me, as a lay man, relatively perverse situations.

I have to say to the noble Lord, Lord Russell, that the thought of a peanut butter and pineapple pizza sends a rather nasty shiver down the spine. Do people really eat that? I would seriously hope not.

The gig economy and platform-based work are obviously integral parts of the modern labour market. We should not forget that the sector offers flexibility that many workers value, because it allows people to choose when, where, how much and how they work. For some, that flexibility is vital; it means they can balance their work with other commitments or supplement their income in ways that traditional employment models do not allow.

I completely agree with the noble Lord, Lord Berkeley, who introduced his amendment so eloquently, that there seems to be an incentive to come to this country. If we were able to control this, there would be an opportunity to help at least stem the flow of the boats, which is something that used to occupy a lot of my time.

On the amendment before us, which seeks to regulate the substitution clauses and redefine certain worker classifications, at this stage, we approach it with some caution, while acknowledging that it is clearly a subject to which we should all return and which demands further consideration. The intention to protect gig economy workers is commendable, but we should not make regulatory changes that unintentionally undermine the entire industry. With that in mind, I look forward to the Minister’s comments, but I do not believe that this subject will go away any time soon.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Thursday 5th June 2025 Lords Chamber

[Lord Palmer of Childs Hill (LD)]

My Lords, I thank the noble Lord, Lord Hendy, and the noble Baronesses, Lady Browning, Lady Ritchie and Lady Coffey, for adding flesh to what we are discussing here today in these amendments.

I hope we all agree that the adult social care workforce plays a vital and often undervalued role in supporting some of the most vulnerable in society, as previous speakers have underlined. Care workers show remarkable dedication, compassion and professionalism in often challenging circumstances, yet the sector continues to face high turnover, inconsistent conditions and, as we have heard, limited opportunities for training and career progression. There is growing recognition that this must change. Supporting a stable, skilled and respected workforce is essential to delivering high-quality care and ensuring the long-term sustainability of the system.

The provisions in Chapter 2, including the proposal for a social care negotiating body—that is the principle that we are discussing—are a response to that wider need for reform. They seek to introduce a more formal framework through which pay, conditions and progression can be discussed and agreed between trade unions and employers. The inclusion of statutory mechanisms for negotiation, as outlined in Clauses 37 and 44, reflects an effort to bring greater consistency and accountability to the way the workforce terms are determined. Clause 48, addressing agency workers, is a notable recognition of the diverse nature of employment in the sector and the need for fairness across the board.

It is the amendments we are discussing, not the wider situation of the country. These amendments have been brought forward to explore how these proposals might operate in practice, including the remit, independence and legal weight of any agreements. These are important questions and it is right that the House scrutinises how this framework would function and how it may be made most effective. I would welcome the Minister’s response in relation to the amendments.

While views will differ on the detail, the broader case for supporting and strengthening the adult social care workforce is widely accepted. The Bill forms one part—and only one part—of a longer-term process to address this challenge. Sustained attention to training, career development and workforce planning will be needed, alongside any structural changes introduced here.

The future of adult social care depends not only on funding or legislation but on whether people who deliver care feel valued, supported and able to build lasting careers. This should be our shared focus as this Bill progresses. I hope the Minister, when she replies, will talk about how we can value those care workers and make sure that they stay there, are educated, progress and are an addition to the values of this country and the way we work. Too often, they have been neglected. This is a chance to remedy that.

[Lord Prentis of Leeds (Lab)]

My Lords, many of my noble friends have spoken about the possible collapse of the social care system. The toxic combination of chronic underfunding and the dysfunctional market system means that thousands of elderly and disabled people do not get the care that they need. I welcome the proposals in the Bill to establish a framework to establish legally binding agreements that, at long last, would set pay, conditions and terms for workers in the adult social care sector: an adult social care negotiating body in England made up of relevant employers and trade unions.

Staff in the sector are voting with their feet. They are leaving in droves. The vacancy rate is one of the highest in the economy and 130,000 jobs remain unfilled. Low pay is endemic. Over 400,000 adult care workers live below the real living wage, and 40% of the whole workforce live below the real living wage. A quarter are living on the verge of poverty and one-tenth are living with food insecurity. That is hardly a vote of confidence in our social care system.

Perhaps the most important reason for not delaying the action that is so desperately needed rests in the costs to our National Health Service. The latest State of Care report from the Care Quality Commission stated in April this year that waits for care home beds and home-based care accounted for almost half the delays in discharging patients who had been in hospital for more than 14 days. Nearly 4,000 people were delayed on an average day. The proposed fair pay agreement for adult social care staff has the potential to do so much good. Low pay, the lack of any career ladder and limited professional recognition are all inextricably linked in the social care sector. Experienced care workers with over five years’ service are paid, on average, just 8p an hour more than a new starter. There is little or no incentive for care workers to remain in the service; there is no meaningful career progression.

I cannot support the idea, which has been floated, that the new negotiating body would not apply to providers of care in the private sector. The whole point of the proposed fair pay agreement is that it will address low pay across the whole sector, not just those who are publicly funded. It would be deeply divisive, creating a two-tier care workforce with some benefiting and others shut out.

Privately funded providers should be requested to sit on the proposed adult social care negotiating body. We need that body to cover the whole sector, not just the public sector. If it is to work and to be successful in driving up pay standards across the whole sector, it must apply to the broadest definition of care workers. The proposed fair pay agreement is the first step towards a more structured pay system that over time should enable employers to offer a career pathway into social care, rather than low-status, low-paid employment with a high turnover rate.

So many of our citizens who need social care will benefit from the suggestions in this Bill. It is the first building block to a national care service. It will help with one of the most intractable problems facing our public services. The chief executive of the National Care Forum stated:

“We welcome any measures to strengthen the rights and improve the pay, terms and conditions of the social care workforce who make a significant contribution to our economy and the lives of millions of people”.


I ask that we allow this proposal, which will do so much good, to go forward, and that any amendments are no longer pursued.

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[Baroness Finlay of Llandaff (CB)]

My Lords, I was unfortunately delayed in getting here for the start of the previous group of amendments. I had added my name to the amendments on education. However, I am delighted to be here. I would have added my name to the amendment in the name of the noble Baroness, Lady Coffey, if I had realised what she was going to say.

I reinforce the need for education and monitoring what people do. The social care workforce is absolutely amazing. Its members work across an enormous range of people. When I chaired the National Mental Capacity Forum over six years, it was very evident that some people wanted to and had great talent for working with people with impaired capacity, and they wanted to learn how to do it better. There were others who did not like working with people with impaired capacity or people who had early dementia or even mental health issues, but they were extremely good at working with people with physical disabilities and impaired mobility. They were very good at manual handling, lifting and so on.

Over many decades, I have worked with social care workers in my field of palliative care. In the report of the palliative care commission that we wrote recently, we recognised the important role of many of these workers. When they look after people in their own home, they are often the person who spots deterioration first. Very often, patients will confide in them because they do not have the mantle of power that nurses and doctors have, and people speak very openly to them. They understand the problems and fears that people have in themselves and their lives. But they can see what is happening only when there is continuity of care—when they have seen the person before and will see them again.

I have to defend Social Care Wales; it has helped having a registration system because it has improved the perception of the status of people working in the field. When looking at this in detail in my field, we found that, although their time in post was transient, they often moved to a different employer. Although they did not remain with one employer, they would take their skills and what they had learned with them.

It has struck me over the years that this is a workforce thirsty for knowledge, skills and education, yet the group is not normally included among those considered as educated. When I first set up the hospice in Cardiff, it was the carers and kitchen staff who came in on their days off because they wanted to learn. Very often, because I had worked with them for 20 years or so, they knew best of all when I was worried about something and when to trigger calling me out of hours, because they had a whole set of skills.

Registering those skills will be very important in allowing career progression and recognition and allowing people in this workforce to work in the domains in which they have the best personality and skill set that suits them—where they feel appreciated and know that they are rewarded emotionally as well as financially. Some people are happy to drive around from one house to another in the ghastly traffic of the outer London suburbs or in cities. Others do not want to do that; they want longer one on one. Some are better working with disturbed young people or people with addictions. If we can have a way of recognising and building on that, we can go a very long way to improving the overall security of this very important workforce, which has, sadly, been tremendously undervalued across our society until now.

It was heartening to hear the Minister summing up on the previous group. I was absolutely delighted to have my name on the amendment from the noble Baroness, Lady Browning, and to hear that the training will be set out via regulations under the affirmative resolution, which I think was going to be our next negotiating point when we were discussing what to do next. I hope that, with these amendments at different points in the Bill, we might find a way forward to get something on education and training recognised for the specific areas that people are in, so that they can gain credit for it, personally and in terms of career progression.

[Lord Palmer of Childs Hill (LD)]

My Lords, I had not intended to speak because, in a sense, this is a continuation of previous amendments. I want to put in a word for this amendment, which recognises that there should be a registration scheme so that peoples’ talents, education and training can be recognised across the country. It is important to give them the credit for that accreditation and to use their talents. This amendment adds more to what we have already spoken about, because it provides a scheme that helps the patient and the client, as well as the care worker, in fulfilling needs. I hope the Minister will take account of this and include it in her reply.

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[Lord Palmer of Childs Hill (LD)]

I support the amendment from the noble Lord, Lord Faulkner, whom I have known for many years, mainly through aspects of the railways. There was a programme on television a little while ago showing youth workers working on the railway. They did everything, including collecting the tickets; they did everything but drive the trains. It was really great. The national memories will die. Who will remember “The Titfield Thunderbolt”, the film about a local group who took over a railway? I still look on my railway to see the Pullman car that does not exist.

Heritage railways are important. It is important to make sure that young people know what heritage railways are and are employed—or used—within the railway system. It will give them education as well as everything else. This is a strange addition to the Employment Rights Bill that I would never have thought of, so my compliments to the noble Lord, Lord Faulkner, for including it. I hope that this rather unusual addition to the Bill will be considered by the Minister before Report.

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I hope the Minister will confirm the Government’s willingness to assess which further sectors could benefit from sectoral collective agreements, and I hope she will agree that that would be good for growth and for democracy.

[Lord Palmer of Childs Hill (LD)]

My Lords, this group of amendments relates to the role of collective bargaining and particular proposals concerning a social care negotiating body. At this late hour, I do not intend to repeat the detailed points already made in the earlier group, but I take this opportunity—and I hope the Minister listens to this—to recognise the Government’s ongoing work to address the significant challenges facing the social care sector. These are complex issues, and the sector continues to face real pressures on workforce stability, recruitment and pay.

Amendment 322, which touches on fair pay agreement arrangements in social care and the possibility of their broader application, reflects one approach to addressing those concerns. While views will differ on the precise mechanisms and scope of reform, it is important that the Government continue to explore options to improve outcomes for both workers and those who rely on care services.

Having listened to the previous speakers, I wondered, “Gosh, am I the only one who is not in a trade union?” It seems that collective bargaining is about the views not just of the trade union but of people the gathered together who are not necessarily trade unionists. I feel uncomfortable that the views of the trade unions will affect the Government’s view of this. Collective bargaining is good; I am all for it. The general reduction in trade union membership has affected the ability of collective bargaining, but very often collective bargaining produces some benefit for those who have been part of it. Those working in any sector in the country know that one person’s benefit is very often less of a benefit for another person, and there is possibly less employment because wages have gone up. The current collective bargaining in the medical world will have a knock-on effect, and we have to think about that. I am all for collective bargaining and people getting better conditions and pay for the job, but thought has to be given to the knock-on effect.

We on these Benches note the intention behind these amendments and the reference to international frameworks and obligations. At this stage, we remain neutral on their detail, but we support continued dialogue on how to strengthen the resilience and sustainability of the social care workforce. I look forward to hearing, when the Minister replies and on Report, how the Government intend to do that. Collective bargaining will probably be part of it, but it is a much wider issue than purely that.

[Baroness Meacher (CB)]

My Lords, I support the noble Baroness, Lady O’Grady. I am not a trade unionist, but I am very aware that there are sectors of the economy that are not unionised. Can the Minister inform the House whether there are sectors that are disadvantaged in terms of wage levels, and whether there are plans to unionise them?

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 13th May 2025 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I am grateful to those colleagues who have added their names to Amendment 76 and to the Fatherhood Institute for its help.

I welcome the Bill’s improvements to paternity and parental leave, but they only scratch the surface of a policy that is letting fathers down badly. Moreover, it is disappointing to discover that paternity pay will not be a day one right—an issue addressed by Amendment 139 in the name of the noble Baroness, Lady Penn, which I support. Could my noble friend the Minister explain in her summing up why it will not be?

The amendment calls for a review of parental leave, which was required for drafting purposes, although I know that, in the Commons, the Minister reaffirmed an earlier welcome commitment to a review. The purpose now is to ensure that the review covers a number of key issues relating to fathers’ entitlement to paid leave in their baby’s first year, namely measures designed to improve fathers’ take-up of parental leave, including a “use it or lose it” period and adequate payment, taking account of international examples of best practice; the inclusion of self-employed fathers, who are currently excluded, and others currently ineligible for statutory support; the protection through full employment rights of fathers who take the leave; and the commitment to publish adequate take-up data in future years.

The aim is a simple one, on which I hope we will all agree: to strengthen the rights of fathers/“second parents” to be active parents, which, as I will argue, would thereby also strengthen mothers and prospective mothers’ labour market position. In doing so, it would further the Government’s own aspiration to achieve greater gender equality.

The current situation is pretty woeful as far as fathers are concerned. This has practical and cultural, symbolic effects: it is, in effect, saying that fatherhood is of lesser importance to family life and that, in so far as the labour market accommodates responsibilities for childcare, it need do so only for mothers. If we want to surround boys with positive symbolic messages about masculinity, what better place to start than to give their fathers the time they need to build strong relationships in infancy that last a lifetime, thereby showing that fatherhood is valued?

I do not have the time to give details of what fathers are entitled to compared with mothers, but suffice it to quote the Fatherhood Institute’s evidence to the Women and Equalities Committee’s current inquiry into the issue:

“As well as offering one of the least generous statutory paternity offers in the OECD … the UK is an outlier, especially among higher income countries, in the huge gap (50 weeks) between mothers’ and fathers’ entitlements to leave in the baby’s first year. By 2022 most countries in western Europe had a gap of 12 weeks or less”.


The partial extension of day-one rights does not touch the sides when it comes to the current shoddy treatment of fathers, which has resulted in low paternal take-up of paternity and shared parental leave. Paternity leave is dealt with by the other amendments in this group, so I will focus just on shared parental leave.

Take-up among fathers of the shared parental leave scheme, introduced 10 years ago, is a pitiful 5% of eligible fathers, according to a 2023 government report. The scheme is also skewed against lower-income families, with just 5% of the tiny population of SPL users coming from the bottom 50% of earners. Shared parental leave does not constitute an independent right for fathers: it depends on an entitled mother transferring part of her leave. The Government were warned at the time that this was going to fail in the aim of encouraging fathers to take the leave, and it did. This is in part because of the way the scheme is constructed, in part because the low rate of payment means that many fathers cannot afford to take it, and in part because some, such as self-employed fathers, are excluded altogether.

This matters for fathers, mothers, children and family life, as well as for the Government’s number one priority of economic growth. It matters for fathers because it makes it very difficult for them to play an equal, hands-on role in the upbringing of their infant children, which, increasingly, fathers wish to do. It matters for mothers because, to quote the Women’s Budget Group, of which I am a member:

“Unpaid care is the root cause of women’s economic inequality”.


So long as women carry so much of the responsibility for childcare in the private sphere, they enter the public sphere of the labour market with one hand tied behind their back. Too many women’s careers fall off a cliff when they become mothers. As the Women and Equalities Committee’s call for evidence states:

“Unequal division of childcaring responsibilities is a key driver of … gender inequality and the gender pay gap”.


It matters for children in two-parent families, not just for their relationship with their fathers but also, the evidence suggests, for their educational and cognitive development and overall family relationships. Research indicates that paternal engagement during the first year can foster ongoing engagement until a child is aged at least 11 and that this positive effect builds over time. It matters for families, as it can affect family well-being and stability.

It matters, too, for economic growth. The Joseph Rowntree Foundation and Centre for Progressive Policy calculate that more generous provision for fathers, earmarked for six weeks, could deliver nearly £2.7 billion net to the wider economy as a result of strengthening mothers’ labour market position.

The amendment requires a review to take account of international examples of best practice, because we have so much to learn from the many countries that are way ahead of us on this issue. In particular, the experience of the Nordic countries and some others, which have for some years included a reserved period of parental leave for fathers on a use-it-or-lose-it basis in their schemes, suggests that this model, together with adequate payment—I emphasise that—is the best way of ensuring fathers take up the leave, leading to a more equitable division of childcare responsibility between parents and enabling mothers to participate in the labour market on more equal terms.

Most see this as a better and more effective model than extending paternity leave, because it separates out the caregiving function of parental leave from the health and safety function of maternity/paternity leave and, after the first two weeks, it signals clearly that the father can take it at a later date, ideally on his own, helping more mothers resume their employment earlier. As the Fatherhood Institute notes:

“Reserved parental leave for fathers is seen as key to reducing both the gender wage gap and the gendered gap in men’s and women’s participation in paid employment – both of which act as an impediment to economic growth”.


In a book I wrote many years ago on feminist approaches to citizenship, I identified such schemes as a key social policy lever for promoting greater gender equality and recognising the importance of care to men as well as women and to wider society.

Much as I would like to see this as one result of the review, I should stress that the amendment in no way ties the Government’s hands as to this or any other outcome, apart from the provision of adequate take-up data. It could be seen as the soft-cop amendment to the hard-cop amendments by the noble Baroness, Lady Penn, which would require action now—I do have some sympathy for those, but we are where we are. That said, if the review fails adequately to consider the issues that Amendment 76 raises, then I fear it will be met with widespread derision.

I hope, therefore, that my noble friend will feel able to accept the amendment, in this or some other form, as a signal of intent. If not, at the very least, I would ask her to make clear on the record the Government’s acceptance that the current situation disadvantages farmers unfairly and that it must be a clear and explicit aim of the review to create a system that properly supports fathers and other second parents to play a full role in their children’s lives.

At Second Reading, my noble friend she expressed respect for the points that I and the noble Baroness, Lady Penn, made about parental leave and the desire to go further. However, she said that

“we must strike the right balance, while continuing to ensure that this remains a pro-worker, pro-business Bill”.—[Official Report, 27/3/25; cols. 1925-26.]

But the current situation is totally unbalanced as between the rights of fathers and mothers. Moreover, workers are gendered beings, and thorough reform of parental leave is in no way anti-business. Indeed, it would help ensure business can benefit fully from the contribution of female as well as male workers and would, as I have said, thereby contribute to economic growth.

Thus, on gender justice and pragmatic economic grounds, I hope the Government will accept the amendment and send a strong symbolic message to male workers that their role as fathers is fully recognised and valued. I beg to move.

[Lord Palmer of Childs Hill (LD)]

My Lords, I speak to Amendments 80 and 136 in my name. These purely clarify an entitlement to paternity leave and really follow on from the remarks by the noble Baroness, Lady Lister, on Amendment 76. Amendment 80 would extend statutory paternity leave to six weeks and allow new fathers to take this leave at any point within the first year after their child’s birth, rather than being restricted to the current 56-day window. At present, eligible fathers are entitled to just two weeks of leave, paid at a rate of less than half of full-time earnings at minimum wage. Take-up remains low and affordability is a major factor; 62% of fathers say they would take more leave if statutory paternity pay was higher.

Greater equality in parenting is essential to achieving greater equality in the workplace. At present, the unequal distribution of caring responsibilities is a major driver of the gender pay gap. On average, a woman’s earnings fall by approximately 40% following the birth of her first child and often do not recover. By contrast, men’s earnings remain largely unaffected.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

2nd reading
Thursday 27th March 2025 Lords Chamber

[Lord Palmer of Childs Hill (LD)]

My Lords, it is a privilege to contribute to this important Second Reading today. Unlike the noble Lord, Lord Hunt, I acknowledge that this Bill contains several provisions that, if implemented properly, could have a significant positive impact on many individuals. However, as we deliberate, I am mindful that the Bill presents both promise and areas of concern. In particular, I shall focus my remarks on the challenges faced by carers, an often-overlooked but integral part of our society. As the Bill progresses, their needs must be not only considered but prioritised. I shall rely on my noble friend Lord Fox to deal with many aspects of the Bill other than the bits that I am stressing.

First, I turn to paid carer’s leave. While the Government have committed to reviewing the Carer’s Leave Act 2023, I question why we delay a measure that is both necessary and beneficial. The Government recognise that carers’ inability to work costs the economy £37 billion annually. In light of this, paid carer’s leave should be a priority, not an afterthought. This is not an expensive proposal. Carers UK estimates that introducing paid carer’s leave would cost between £5.5 million and £32 million per year, depending on the level of compensation. In return, more than 2 million working carers would benefit, businesses would save billions through improved staff retention and workforce participation would increase. Given these clear advantages, why have the Government excluded this measure? During the passage of what became the Carer’s Leave Act, Members of the now-Government challenged this omission. It is striking that they have not prioritised it themselves. Will the Government commit to including paid carer’s leave in this Bill? To neglect this opportunity would fail both carers and the economy.

Beyond paid leave, employers should be required to consider employees with caring responsibilities in their equality action plans, alongside commitments to closing the gender pay gap and supporting employees experiencing menopause. If we are serious about workplace equality, we must acknowledge the specific challenges that carers face. Furthermore, the Government must prevent discrimination against carers. One solution would be adding caring as a protected characteristic under the Equality Act 2010. Many carers face workplace marginalisation and are penalised for their responsibilities. Will the Government explore this reform? Every year, 200,000 people leave the workforce to take on caring responsibilities, costing the economy £8 billion annually. By failing to support carers properly, we harm their well-being and weaken economic potential. Paid carer’s leave would help carers stay in work, strengthening both the labour market and the economy.

Another issue is the recognition of kinship carers. I recently heard of a couple caring for their grandchildren out of love and duty, yet they receive none of the employment rights or support given to foster carers. Is this not an injustice? The Government must consider extending employment rights to kinship carers.

Additionally, I support the Bill’s provisions on third-party harassment in the workplace. I have heard from young women in retail and hospitality who feel sick with anxiety knowing that they will face harassment during their shifts. Their employers must have a duty to protect them. While the Bill takes steps in the right direction—I acknowledge that—stronger action is needed to prevent non-disclosure agreements silencing victims.

I now turn to probationary periods. A balanced approach is needed to protect both employees and employers from unnecessary tribunal costs. I note what the Minister said on statutory sick pay, but will the Government consider a standardised probationary period of, say, three to nine months to provide greater certainty?

We must ask whether this Bill will genuinely drive economic growth. We can judge that the noble Lord, Lord Hunt, thinks that it will not, but I would say there is a possibility. Economic growth is one the Government’s cornerstone ambitions. Business leaders and HR professionals I have consulted welcome the Bill’s aims, but question whether it strikes the right balance between employee rights and employer obligations. It must not stifle economic activity, but nor should it miss opportunities for meaningful reform.

The noble Lord, Lord Hunt, spoke about the number of amendments in the other place, and I will not repeat those remarks, but I think there were 200 government amendments on Report, which shows a certain amount of indecision, if nothing else.

I agree that this Bill is driven by noble intentions, but it risks becoming a tangled quagmire of complex employment bureaucracy, with uncertainty over whether it will genuinely recalibrate the balance between employers and employees in a way that promotes fair and productive employment. A Member in the other place—I like this—likened it to Snow White’s apple: appealing in appearance but ultimately sending the economy into a slumber. Let us ensure that this Bill is not a missed opportunity but a transformative step forward for carers, families and our nation’s economic future.