Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 24th June 2025 Lords Chamber

[Lord Swire (Con)]

My Lords, as somebody who does business from time to time and tries to encourage business, not least through my deputy chairmanship of the Commonwealth Enterprise and Investment Council, which is trying to grow business right across the Commonwealth, it strikes me that the Bill comes at an unfortunate time. Of course, we should always look at regulation, and there will always be an argument about what is over-regulation and what is under-regulation. But at a time when so many jobs are threatened by AI, we should surely be looking at a low regulatory framework. I urge the Government to take this into consideration during any impact assessment.

The Minister knows about business. He is a businessman and has a successful business, and I too suspect that he identifies with many of the points we are raising, although he cannot say it. But it strikes me that, just at a time when people are very fearful about their future and the uncertainty of having a job at all, let alone when they get older, so they can raise a family, have a mortgage and so forth, we should be looking at ways to encourage businesses to employ more people. The noble Lord, Lord Deben, said that he saw every good reason not to employ more people. That is really bad news. If businesses are now saying it is simply not worth the candle, that will contribute to the unemployment that will surely follow as many of these jobs are replaced by AI anyway. So I urge the Government to look at that.

Equally, at a time when many countries around the world, not least in Asia, are spending much more money, time and effort on advanced mathematics and the other things you need nowadays for coding and so forth, we in this country seem to be lowering the standards, particularly in mathematics—dumbing down at a time when we should be raising up. So by all means, let us properly protect our workers, but let us not overregulate to the extent that we do not have any workers to look after or to regulate.

[Lord Palmer of Childs Hill (LD)]

My Lords, I will address Amendments 310, 311, 312 and 319, which collectively seek greater transparency on the economic consequences of this legislation.

Although I am afraid that I take no firm view on the amendments themselves, which were explained in great detail by the noble Lord, Lord Hunt, and spoken to by other noble Lords, who expressed reservations—obviously, there are reservations—I welcome the principle that they reflect: that we must remain vigilant as to how new laws affect businesses, wages and productivity. No one else has said this, but I appreciate that the Government are already undertaking much of this work, and I would welcome an update from the Minister on how that work is progressing and informing policy development.

Amendment 310 raises a valuable and timely question about how new and small businesses might fare under the Bill. As the noble Lord knows, and as I know from a working lifetime as a chartered accountant, these enterprises often lack the resources, legal support and regulatory expertise of larger firms. It is only right that we ask whether the framework we are putting in place enables them to enter the market, grow and succeed on fair terms.

If the Government are serious about delivering long-term economic growth, they must pay close attention to the conditions facing new business entrants and small start-ups. These businesses, as I hope the noble Lord will agree, are not only a vital source of innovation and competition but key to job creation, skills development and regional regeneration. The barriers they face—and there are increasing barriers—whether through opaque processes or disproportionate compliance costs, can limit their contribution to the economy. By reducing unnecessary administrative burdens and ensuring a fair and accessible regulatory environment, we can help unlock their potential.

Growth will not come from productivity targets or ministerial ambition alone; it will depend on everyday decisions, as the noble Lord, Lord Deben, mentioned, made by entrepreneurs and small business owners around the country. We should support them accordingly. As mentioned previously, I do not readily back these amendments themselves—I do not think I agree with them—but I hope the Government will take careful note of the arguments they raise, particularly the point made in Amendment 310 about the effect on new and small businesses, which deserves further attention and consideration.

There are going to be economic consequences of this part of the Bill, and the Government should tell us how they view the impact of those. Noble Lords have spoken about increased costs. We all know—anyone who has been involved with business knows—that there will obviously be increased costs. Laws that we have put in over the years have added to those costs, but most businesses have managed to increase efficiency to try and mitigate them and make more profits. You have to adjust to what is happening in the world.

These amendments, and this part of the Bill, are about impact assessments and regulatory burdens. Are we putting too many burdens on people, or are those regulatory burdens helpful to the economics of this country? We must do things which increase productivity, and that is part of what the amendments are about. The noble Lord, Lord Deben, said that he had run businesses, and many of us in this Chamber have run businesses or advised them. I hope that he is going to be proved wrong—he asked to be proved wrong. I await the Government’s answer to the comments that he made in this debate.

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Moved by

[Lord Palmer of Childs Hill]

317: After Clause 150, insert the following new Clause—
“Guidance for small businesses(1) The Secretary of State must publish a document containing statutory guidance for businesses with fewer than 50 employees on their employment and legal obligations under this Act.(2) The document must include, in particular— (a) an overview of the relevant legal duties placed on employers under this Act, (b) a practical framework outlining how such businesses can meet those duties, and(c) guidance on best practice suitable to businesses of this size.”Member’s explanatory statement
This amendment requires the Secretary of State to publish statutory guidance for small businesses in adhering to the employment and legal requirements of this Act.

[Lord Palmer of Childs Hill (LD)]

My Lords, in speaking to this group of amendments I note the sorry absence of my noble friend Lord Fox, whose contributions on these matters have always been thoughtful and constructive. Unfortunately, the Committee has me instead. I will focus in particular on Amendments 317 and 329, both tabled by my noble friend Lord Fox, which aim to provide much-needed clarity and certainty to small businesses as they seek to understand and comply with the provisions of the Bill.

Amendment 317 would require the Secretary of State to publish statutory guidance to support small businesses in meeting the employment and legal obligations introduced by this legislation. This is a modest and reasonable ask that would have a significant practical benefit. For many small businesses, compliance is a question not of good will but capacity. Unlike larger firms, they do not have in-house legal departments or external consultants on retainer. They need clear, accessible, authoritative guidance that they can rely on from day one. This amendment is not about watering down the law, nor is it about shielding firms from responsibility. It is about enabling small businesses to do the right thing without having to second-guess the detail or bear disproportionate cost in trying to interpret it.

Amendment 329 would build on that principle by making the commencement of the Act contingent on the publication and parliamentary approval of such guidance. It is important to say that we on these Benches understand the mandate that the Government won at the last election, and we have no intention of delaying the Bill beyond our duty to scrutinise it. However, this amendment reflects a deep concern about the real-world impact that the legislation may have on small businesses if clarity is not in place from the outset.

It is not necessarily about the measures in the Bill itself but about how they are communicated and implemented. Without clear guidance, there is a risk that well-intentioned businesses will fall foul of the law through no fault of their own. These amendments offer the Government a constructive route to avoid that outcome. I hope that Ministers will engage with them in that spirit. We are just trying to make it so that businesses, like the Minister, would know what they have to do. They need it to be set out. I hope that the Government will feel this is a possibility that they will consider before Report. I beg to move.

[Lord Carter of Haslemere (CB)]

My Lords, I will speak to Amendment 326 in this group. I begin by saying again how gracious it was of the Minister to meet me to discuss my amendments in advance a couple of weeks or so ago. My Amendment 326 is on the same theme of the need for impact assessments before provisions are brought into force. It provides that:

“Regulations which would amend primary legislation may not be laid … unless an assessment of the impact … has been laid before Parliament and three months has elapsed”


from that date.

Delegated powers that can amend primary legislation are, of course, known as Henry VIII powers. This derives from the Statute of Proclamations in 1539 when Henry VIII persuaded the Commons to include a provision in a Bill that would permit him to issue decrees having the same effect as an Act of Parliament and thereby bypass the normal parliamentary process.

Henry VIII powers can be draconian and raise real questions as regards compliance with the rule of law. This is not just my view. In his much-lauded Bingham lecture on 14 October 2024, entitled “The Rule of Law in an Age of Populism”, the noble and learned Lord, Lord Hermer, the Attorney-General, was obviously right when he said that excessive reliance on delegated powers, including Henry VIII clauses

“upsets the proper balance between Parliament and the Executive. This not only strikes at the rule of law ... but also at the cardinal principles of accessibility and legal certainty”—

issues that

“raise real questions about how we are governed”.

These are wise words indeed and very welcome, but I find it difficult to reconcile them with our Bill. As the noble Lord, Lord Hunt, pointed out at Second Reading, there are around 163 delegated powers in our Bill and 12 Henry VIII powers. As he powerfully put it:

“Ministers are, in effect, asking Parliament today to empower them to do whatever they decide to do, whenever they decide to do it”.—[Official Report, 27/3/25; col. 1845.]


The Delegated Powers and Regulatory Reform Committee, in its report of 24 April, described various Henry VIII powers in the Bill as, “overly broad”, “inadequately justified”, and an

“inappropriate use of the … affirmative process”.

As it said, Henry VIII powers are subject to far less scrutiny than primary legislation.

And this is the heart of the problem. Much of the legislation needed is yet to come, but it will not be capable of being scrutinised as it should be because of the reliance on Henry VIII clauses. It is a symptom of a rushed agenda but also, more worryingly, of a growing acceptance that Henry VIII powers are okay. They are becoming the default option.

The Select Committee on the Constitution, in its report, points out that Clause 24, “Dismissal during pregnancy”, and Clause 25, “Dismissal following period of statutory family leave”, both

“contain and extend Henry VIII powers that … act as placeholders while the Government consults further on the specifics of the measures to be implemented”.

This can mean only that

“substantive policy decisions have not yet been taken”

on those issues. But it also means a lack of certainty about how the provisions will operate in practice, which the Select Committee-considered to be “particularly concerning”, given that the provisions enable primary legislation to be modified.

In addition, Schedule 7 contains a list of extensive legislative powers in connection with labour market enforcement, under Part 5, which are passing to the Secretary of State. Paragraph 35 confers on the Secretary of State a Henry VIII power to add by regulations any enactment which affects the rights of employees, trade unions and the duties of employers.

These extensive enforcement powers in Part 5 also need to be considered alongside Clauses 151 and 153. These clauses contain a power to make any consequential provision, which may amend, repeal, revoke or otherwise modify

“any provision made by or under primary legislation passed before, or in the same session as … this Act ... and may make different provision for different purposes or … areas”

or

“contain supplementary, incidental, consequential, transitional or saving provision”.

The Government may respond that the power to make consequential provision is confined to what is purely consequential. That is true, but what is purely consequential turns on the scope of the provisions they are said to be in consequence of. Combining these consequential powers with the wide powers in Part 5, for example, would seem to give the Secretary of State the power to confer on his enforcement officers even wider powers when entering offices to search and seize documents, if they are in some way connected with the operation. I think even Henry VIII would have been impressed. His 1539 Statute of Proclamations allowed him to amend legislation by decree, but even he was not permitted to prejudice

“any person’s offices, liberties, goods”

or “chattels”.

Then there is the power to make provision for different purposes or different areas. What is the need for that power? When I was in government as a lawyer, parliamentary counsel would probe closely as to why we needed this power, and we would have to justify it. My amendment is therefore designed to bring some transparency and due diligence to the use of these Henry VIII powers before they are laid and debated. It would simply provide that, before such regulations could be laid, there would need to be an impact assessment laid before Parliament for three months to enable a bit more parliamentary scrutiny. This would give time for reflection and, if the Government decided to proceed with laying the regulations, it would serve to enhance the level of parliamentary debates on the regulations that subsequently take place under the affirmative procedure.

I give the last word to the great Lord Judge, who spoke strongly against such clauses when he was Lord Chief Justice of England and Wales. He said:

“You can be sure that when these Henry VIII clauses are introduced they will always be said to be necessary. William Pitt warned us how to treat such a plea with disdain. ‘Necessity is the justification for every infringement of human liberty’”.

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[Lord Leong (Lab)]

It is tempting, but I can assure the noble Lord that it will be published very, very, very soon. How is that?

Like I said, this is the last time I will speak in this Committee. I want to take the opportunity to express my gratitude to all noble Lords for their extensive engagement and the robust way in which we have debated this stage of the Bill’s passage. I pay particular tribute to the noble Lords, Lord Sharpe, Lord Hunt and Lord Fox, and to the noble Lords, Lord Goddard and Lord Palmer, for standing in so ably for him. Like the noble Lord, Lord Hunt, I wish the noble Lord, Lord Fox, well in his recovery and look forward to welcoming him back.

Let me be clear: this Government welcome scrutiny—that is the purpose of this House—but scrutiny must be grounded in the present and focus on the issues at hand, not lost in the echoes of decades-old political arguments. Some contributions, regretfully, seem to have been more intent on reviving grievances from the 1970s than addressing the needs of today’s Britain.

This Bill delivers on a clear manifesto promise. It is part of our plan for change, built not on rhetoric but on the practical need to provide security for working people and long-term renewal for the country. This is where our focus lies—not on refighting the past but on fixing the future. We continue to welcome serious challenge, and we expect debates to be robust, but we also expect them to be proportionate, honest and forward-looking.

As we approach the end of Committee this evening, we on this side look forward to constructive and collaborative meetings and engagement with all noble Lords ahead of Report. With that said, I respectfully ask the noble Lord to withdraw Amendment 317.

[Lord Palmer of Childs Hill (LD)]

On behalf of my noble friend Lord Fox, I thank the noble Lord, Lord Hunt, for his support, which was so eloquently put. I also thank the Minister for his detailed reply.

When the Minister started speaking, I thought he would use his valedictory remarks to say that he was actually going to agree with something. There was great promise that he would agree to the amendments—these reasonable amendments—as all they would do is give guidance to small businesses to show them what the legislation is. Then, I lost: he will step down without going out on a positive note, which is very sad. His argument was that all the amendment would do is delay things. Sometimes, delay is good. Delay can be good if you get it right. Too often things are done precipitately, and delay is the better alternative.

What is the answer from the Minister? We shall have more statutory instruments. I have dealt with statutory instruments in the 15 years I have been in this House. Quite honestly, we discuss them, but we never vote. There has been no vote that I can remember, and statutory instruments are a means for the Government to tell us what they are going to do, and we have to nod in agreement.

Where do small businesses stand in all this, without any real guidance? They are left in a morass. The Minister has gone off in a cloud of glory, but I still do not have an answer as to whether anything will be implemented. Sadly, I beg leave to withdraw the amendment of my noble friend Lord Fox.

Amendment 317 withdrawn.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 3rd June 2025 Lords Chamber

I therefore strongly support the intention behind this amendment, and I hope that the Minister will, on behalf of the Government, take the opportunity that this debate presents to turn awareness into action and disparity into progress. I beg to move.

[Lord Palmer of Childs Hill (LD)]

My Lords, I will speak to Amendments 131, 297 and 314 in the name of the noble Lord, Lord Holmes of Richmond, so movingly introduced by the noble Lord, Lord Hunt.

Each of these amendments seeks to address long-standing inequalities that disabled people continue to face, particularly in the context of work and access to goods and services. Amendment 131 raises the important principle that workers should not be compelled to contribute to the development or sale of products that are knowingly inaccessible—which the noble Lord, Lord Hunt, raised. I hope that the Government, through the Department for Business and Trade, will publish clear guidance on what constitutes inaccessible products and services. Such guidance is needed. It would be invaluable in informing decision-making for businesses and helping workers recognise when they may be asked to contribute to the creation or sale of goods that fail to meet accessibility standards.

Amendment 297, meanwhile, calls for a royal commission. Despite what the noble Lord, Lord Hunt, said, I veer towards saying that we do need something formal such as a royal commission to investigate the persistently low employment levels among blind and sight-impaired people, a disparity that deserves serious attention. The questions that these amendments raise are valid and warrant a considered response from the Government.

I am also interested in the reasoning behind Amendment 314, which calls for a programme and timeline to develop an action plan aimed at closing the disability gap. Recent research from the TUC revealed that the disability gap stood at a staggering 17.2% in 2024, which was an increase on the figures quoted by the noble Lord, Lord Hunt, from 2023. The same figures do not reoccur every year—they are going up—and these figures show that. The amendment represents a measured and practical approach, reflecting a growing consensus on the need for greater transparency and accountability in tackling workplace inequality.

Even if the Government are, unsurprisingly, not minded to accept the amendments in their current form, I hope that Ministers will consider how their intent may be taken forward through alternative means—and there can be alternative means. These are not radical demands but thoughtful suggestions for achieving progress in areas where it is long overdue. I hope that the Government’s heart will be in favour of the reasoning behind these amendments, and that we can all work together towards bringing the legislation into line with what our conscience is saying.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lord Holmes of Richmond for his amendments in this group, and my noble friend Lord Hunt of Wirral for introducing them on his behalf. I also thank the noble Lord, Lord Palmer of Childs Hill, for his contribution.

There is no doubt that those with disabilities, including blind and partially sighted people, face different challenges in the workplace, and the more we can do to increase awareness and representation in the workplace for these people and these groups, the better. We must also recognise that for many disabled people, the challenges begin long before a job interview. Structural barriers, from education and training to transport and technology, can compound over time and create a labour market that is harder to enter and harder to stay in. If legislation can help remove those barriers and create conditions for more equitable access to work, it is our responsibility to act.

It is also important that employers are supported and not penalised, so legislation should provide clarity and encourage inclusive practices. It should offer the right incentives and should not raise the cost or the perceived risk of hiring somebody who may already face disadvantage. Unfortunately, some elements of current legislation do just that.

I hope that the Government and the Minister listened to the concerns that were so well articulated by my noble friend and the noble Lord, Lord Palmer. These are not radical demands, as the noble Lord, Lord Palmer, pointed out, and I hope the Government will address them.

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[Lord Pitkeathley of Camden Town (Lab)]

My Lords, I have tabled Amendment 132 as a probing amendment to highlight some of the concerns from the perspective of small businesses. Amendment 137, proposed by the noble Lord, Lord Palmer of Childs Hill, may perhaps be a different side of the same coin. I refer the House to my register of interests.

The intention behind the amendment is to explore the scope of possible options for better supporting both employees and employers, particularly small employers, who often lack access to in-house HR support, legal expertise or representation from trade unions. This legislation rightly seeks to strengthen workplace protections, and with that comes the need to ensure that small employers are equipped to meet their responsibilities fairly and confidently without being overwhelmed.

A one-size-fits-all approach risks overlooking the structural disadvantages that many small businesses face in navigating employment disputes or resolving workplace issues informally. One concern in this context is the potential for so-called ambulance chasing. I use the phrase cautiously, but it reflects a genuine anxiety among small employers. In the absence of good advice or proper guidance, a small employer may feel compelled to settle a claim, not based on merit, but because the cost, stress and complexity of the legal process makes fighting it feel simply unviable. That can undermine confidence in the system for everyone.

The aim behind the amendment is to consider how we might increase the availability of qualified independent advisers—professionals who can support employees in entering into a settlement agreement with full confidence and understanding, but in a way that is accessible, affordable and proportionate for small businesses too. This could help reduce the number of cases that unnecessarily escalate into formal litigation.

The presence of a well-informed independent adviser can give both parties clarity and reassurance. In such circumstances, access to credible professionals of the kind that organisations like the CIPD can recommend or help bring forward would seem both helpful and sensible. I fully acknowledge the concerns raised by colleagues on these Benches, particularly the risk of diluting the role of unions, especially in larger workplaces, where collective representation plays such an essential role. I value constructive conversations with colleagues and recognise the importance of safeguarding that voice and that function.

At the same time, I believe it important that the voice of business, particularly small business, is heard clearly from these Benches. Too often, the debate around employment rights can polarise into assumptions of employer versus employee or big business versus organised labour. But many of us bring experience from the front lines of running businesses that are small, community based and deeply invested in treating their staff fairly. It is essential that these perspectives are represented not to dilute rights but to ensure that they are designed in a way that is practical and sustainable and that supports good employment outcomes for all.

I also welcome the Government’s broad commitment to improving the enforcement system, including through proposals for the fair work agency and reforms to the tribunal process. These are important developments, and I hope that they lead to a more accessible and efficient workplace landscape for all parties.

Nevertheless, I believe that the specific issues raised here, particularly those that affect small and micro-businesses, merit further reflection. We know that many small employers genuinely want to do the right thing but, without access to the right structures or advice, they may find themselves exposed. That can have an effect on not just the business owner but employees, who may not get the resolution they deserve. Just as we rightly ensure that employees feel heard and protected, those of us with business experience also want to ensure that employers’ concerns are reflected, especially where they lack the infrastructure to manage complex processes alone.

I am happy to withdraw the amendment following the debate and the Minister’s response, but I hope that the reflections it prompts will help shape the implementation of the Bill in ways that are proportionate, inclusive and fair to businesses of all sizes, as well as to the people they employ. I beg to move.

[Lord Palmer of Childs Hill (LD)]

My Lords, I will speak to my Amendment 137 which, as the noble Lord, Lord Pitkeathley, said, is probably the other side of the same coin.

My amendment seeks to expand the statutory right to be accompanied at disciplinary and grievance hearings. As it stands, the law allows workers to be accompanied by only a fellow employee or trade union representative. My Amendment 137—the other side of the coin—would broaden that right to include individuals certified by a recognised professional body as having relevant experience and training in supporting workers through such processes. It also provides for the Secretary of State to regulate which organisations may be authorised as professional bodies for this purpose to ensure that a proper standard is maintained.

At the heart of any disciplinary process is the need for transparency, fairness and due process. This is especially true in the workplace, where livelihoods and the professional reputations of individuals are at stake. Workers should never have to undergo the difficult procedures of disciplinary or grievance hearings alone. The presence of a colleague, union representative or other chosen companion ensures that employees not only are supported but have a safeguard against any unfair treatment or misunderstandings during the process. Not every individual is able to cope with this on their own. Some may well do, but they will need some help.

In fact, the presence of a properly trained professional companion is often the difference between an employee being able to make their case cogently or being denied a fair hearing. The law currently goes some way towards recognising this, but I am afraid that it is increasingly inadequate for the 21st century.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I rise to express a view that I did not think I would be expressing in your Lordships’ House. I am utterly appalled by this proposition and the speech from the noble Baroness, Lady Fox, who, lest there were any doubt, has given the clearest possible indication of her political journey from the extreme left to the extreme right, which is there for all to see.

It is an absolute disgrace to suggest that to seek to help women in the workplace gain equality is somehow to treat them as victims. I did my university dissertation in 1974 on the Equal Pay Act, when the gap between men and women was 25%. Half a century later, it is down to something like 7% or 8%. Yes, that is a huge improvement, but the noble Baroness, Lady Fox, and others who have spoken have said, “Well, that’s okay. We can leave it there. We don’t want to push it any further, because it’s going to burden industry with costs”. What about the women who are burdened with wages lower than they are entitled to get for the job they do on a day-to-day basis?

It is well known that inclusivity in the workforce increases levels of production, is good for problem solving and enhances job retention. I am talking not just about gender issues but wider diversity. The speech that the noble Baroness made and others have echoed will be cheered to the rafters by Nigel Farage and Donald Trump, because it is exactly the sort of thing they have been saying, and I think it is a very dangerous line for Members of this House to push. It is a perfectly legitimate expectation in a Bill such as this that an equality action plan is something that employers should be expected to have. Many already do—they do not need to be told. Good employers have one in place and are benefiting from the standard of output they are getting from employees who are more satisfied because they are clearly better valued. To suggest that we just leave it there is absolute nonsense.

I will not talk about the menopause, but I just could not believe what I heard—that, somehow, women are being painted as victims. As a man, it is difficult for me to comment, but there is a broad spread of opinion that the issue has to be dealt with by employers. To be perfectly fair, some employers do, but others do not, and there should at least be the opportunity for women who want to take advantage of this to be able to do so. To try to slam that door in their faces is an absolute disgrace.

[Lord Palmer of Childs Hill (LD)]

My Lords, what a relief to hear from the noble Lord, Lord Watson—I thought I was going to be on my own with the comments from the noble Baronesses, Lady Fox and Lady Lawlor, and the noble Lord, Lord Jackson. They were prophets of doom and living in another world.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 13th May 2025 Lords Chamber

Moved by

[Lord Palmer of Childs Hill]

77: After Clause 17, insert the following new Clause—
“Foster carer’s leave(1) The Employment Rights Act 1996 is amended as follows.(2) In the title of Part 8B, for “CARER’S LEAVE” substitute “CARER’S LEAVE AND FOSTER CARER’S LEAVE”. (3) After section 80J (Carer’s leave) insert—“80JA Foster carer’s leave(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to undertake activities as a result of being a local authority foster parent.(2) For the purposes of subsection (1), “local authority foster parent” is defined in accordance with section 105 of The Children’s Act 1989.(3) The regulations must include provision for determining—(a) the extent of an employee’s entitlement to leave under this section;(b) when leave under this section may be taken.(4) Provision under subsection (3)(a) must secure that where an employee is entitled to leave under this section the employee is entitled to at least a week’s leave during any period of 12 months.(5) The regulations may make provision about how leave under this section is to be taken (including by providing for it to be taken non-continuously).(6) The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.”(4) In section 80K—(a) in subsection (1), after “80J” insert “and 80JA”,(b) in subsection (2), after “80J” in both places it occurs insert “and 80JA”,(c) in subsection (4), after “80J” insert “and 80JA”, and(d) in subsection (5), after “80J” insert “and 80JA”.(5) In subsection (1) of section 80L, after “80J” insert “and 80JA”.(6) In section 80M—(a) In subsection (1)—(i) in the opening words, after “80J” insert “80JA”,(ii) in paragraph (e), after “80J” insert “and 80JA”,(iii) in paragraph (f), after “80J” insert “and 80JA”,(iv) in paragraph (g), after “80J” insert “and 80JA”,(v) in paragraph (h), after “80J” insert “and 80JA,(b) In subsection (2), after “80J” insert “and 80JA”, and(c) In subsection (3), after “80J(4)” insert “and 80JA(4)”.”Member’s explanatory statement
This new clause ensures local authority foster parents are entitled to at least one extra week’s leave every 12 months.

[Lord Palmer of Childs Hill (LD)]

In moving my Amendment 77, I shall speak to Amendments 78, 79, 135 and 144 in my name. Amendment 77 seeks to extend to foster carers the leave given to carers, and I hope that noble Lords will see this as a necessary clarification, which is all that it is. Amendments 78 and 79 focus specifically on kinship carers and would require larger employers—those with over 250 staff—to review the support they offer to unpaid carers. Amendments 78 and 79 seek to address a significant gap in employment rights for kinship carers by introducing a new entitlement to kinship care leave. Amendment 78 proposes a provision to establish this right, while Amendment 79 links the proposed entitlement to the broader provisions of the Bill.

These amendments respond to a pressing social need. Over 130,000 children across the UK are currently being raised in kinship care arrangements—more than three times the number in foster care. Despite the critical role that kinship carers play, often stepping in during times of crisis to prevent children entering the care system, they receive far less support, including in the workplace. Introducing a specific entitlement to kinship care leave would provide families with much-needed time and space to adjust, to make the necessary arrangements and to ensure the child’s well-being during what is often a traumatic transition. Not only would this improve outcomes for children and families but it would help relieve pressure on the formal care system, where costs are often excessive and the emotional toll on children is, I am sure, significant. In enabling kinship carers to remain in employment while fulfilling their caregiving responsibilities, these amendments recognise the long-term social value of keeping children within loving, familiar, family environments.

Amendments 78 and 79 would introduce a right to kinship care leave and link it to broader employment provisions. As I say, 130,000 children in the UK are in kinship care, which is more than three times the number in foster care. Kinship carers often step in during family crises, preventing children entering state care, yet they lack formal workplace protections. These amendments would provide time for families to adjust and to support a child’s transition—especially vital in sudden or emergency situations. I maintain that supporting kinship care is cost-effective and reduces reliance on costly private care providers that profit from family meltdown. This is about reshaping workplace culture to reflect the reality of modern families and ensure that children can remain in loving, stable homes. These proposals align with broader efforts to reform the care system and should be viewed as part of a compassionate, pragmatic approach to child welfare.

Amendment 135 would make carer’s leave a paid entitlement. I do not really need to add more than that.

Amendment 144 would require employers with more than 250 employees to consider what support they offer to unpaid carers within their workforce when publishing their gender equality action plans. This is a modest but important step towards recognising the hidden pressures faced by most employees, most often women, who juggle paid work with unpaid caring responsibilities.

Unpaid carers are the backbone of our social care system—where would we be without them? Yet their contribution is routinely overlooked in workplace policies and gender pay gap reporting. By including consideration of unpaid carers in gender equality action plans, we would acknowledge the real-life factors that contribute to disparities in career progression, earnings and job security. Employers cannot meaningfully address gender equality without recognising the care burden that disproportionately falls on women. This amendment is a practical and proportionate way in which to ensure that unpaid carers are no longer invisible in workplace policies.

When drafting my words for today, I did not realise how important kinship care was. One talks about the mothers and fathers, but very often it is the aunts, uncles, grandmothers and grandpas—other people who are kin to the child—who are not recognised in our system as producing the support that our system requires. I hope that noble Lords will support the amendment in my name, which I beg to move.

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[Lord Katz (Lab)]

It will not come as a surprise to my noble friend that we cannot accept the amendment in front of us today. However, I am very happy to work with him to ensure that your Lordships’ House can consider this most important issue again on Report. So I respectfully ask him not to move this amendment and ask that the noble Lord withdraws his amendment.

[Lord Palmer of Childs Hill (LD)]

I feel humbled by this debate. It started off for me with the noble Lord, Lord Watson of Invergowrie, and the right reverend Prelate and it went on in the same vein, right across the House: the feeling that there was this Bill, the Employment Rights Bill, and that we recognise that within employment rights there are carers who have been ignored and need to be paid for what they are doing, for people and for the system that they underwrite.

The Government have not really replied in positive enough terms on this, but we will come back to this on Report with specific amendments. By that time, I hope that Government Ministers will go back to their colleagues in the other place and say that across the House, from all parts of this House, there was a feeling that unpaid carers need to be recognised in the Employment Rights Bill, and that kinship carers, who have not been recognised before, need to be recognised. We hope the Government have heard this and we look forward to a positive response by Report. I beg leave to withdraw my amendment.

Amendment 77 withdrawn.