Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Collins of Highbury

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[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.

[Lord in Waiting/Government Whip (Lord Collins of Highbury) (Lab)]

My Lords, I thank the noble Lord, Lord Hunt of Wirral, for moving Amendment 131 and speaking to Amendments 297 and 314, tabled by the noble Lord, Lord Holmes of Richmond. Of course, the noble Lord, Lord Hunt, and I go back a long, long way. When I was in the T&G, he was frequently instructed by my union to defend workers, so I appreciate that he is absolutely on the right side of this agenda.

Of course, this is an issue that we have been debating for a very long time. I particularly pay tribute to the late Alf Morris, Lord Morris, who absolutely focused on this agenda and was responsible for the Disability Discrimination Act, which has been the foundation of all the other changes since then.

On Amendment 131, it is important to be clear that the Equality Act 2010 already places a duty on providers of goods, services and facilities, and persons exercising public functions, to make reasonable adjustments for disabled service users. The Equality and Human Rights Commission, as Great Britain’s national equality and human rights body, safeguards and enforces the laws that protect people’s rights to fairness, dignity and respect. In the context of this debate, it monitors and has powers to enforce the Equality Act, which prohibits discrimination, harassment and victimisation in a variety of settings, including work. The commission has been active in monitoring disability equality, including as part of its regular comprehensive reviews of how Britain is performing on equality and human rights, as well as its work in monitoring compliance with the UN Convention on the Rights of Persons with Disabilities. The commission’s powers do not extend to monitoring the accessibility of manufactured goods or the development of services and, as such, it would not be able to respond to reporting of the kind suggested in the new clause. Therefore, the Government are unable to support the amendment.

Turning to Amendment 297, again I thank the noble Lord, Lord Hunt, for speaking to this amendment and drawing attention to this important issue, and of course I pay tribute to the noble Lord, Lord Holmes, who has been a strong voice on this and recognise his contribution in championing the rights of blind and sight-impaired people. Again, the noble Lord, Lord Hunt, can go back to the days when my union heavily supported the National League of the Blind and Disabled—a union that had been representing blind and disabled workers for nearly 100 years, certainly when we were engaged with it.

I agree that addressing the level of employment for blind and sight-impaired people is still an important issue, which is why we have a range of existing specialist initiatives in place to support individuals, including those who are blind and sight-impaired, to stay in work or get back to work. Our existing measures provide tailored support to disabled people more broadly and are designed to be flexible to meet the range of needs, including the needs of those who are blind and sight impaired. I repeat the point that the noble Lord, Lord Sharpe, made: existing measures include work coaches and disability employment advisers in jobcentres —working with employers, absolutely right—and access to work grants, again to facilitate and support employers in doing this, as well as joining up health and employment support around individuals through employment advisers in NHS, talking therapies, individual placement and support in primary care, as well as WorkWell.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Collins of Highbury

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank the Minister for that comprehensive answer, and I thank all noble Lords who have spoken in this quite lively debate. I have to say I was disappointed that the greatest lady of them all who did not need a helping hand did not get a mention, so I will mention her: Margaret Thatcher.

I say to the noble Lord, Lord Liddle, that we are not seeking to undermine anything in this; I was very clear about that. I want to make it clear that, as I said in my opening remarks, this amendment does not seek to outlaw such action, nor does it obstruct efforts to promote fairness. It just seeks to ensure that fairness extends to all employees, not only to those whom the state or the employer happens to deem underrepresented.

I am grateful to the Minister for his extended quote from the Yorkshire case, but I also mentioned the case in Thames Valley. A tribunal there ruled that the three white police officers who won a claim after they were passed over for promotion were overlooked by Thames Valley Police because of their race and an ethnic-minority sergeant was promoted—this is the killer line—

“without any competitive assessment process taking place”,

which is precisely not the spirit of the laws that we have just been discussing.

[Lord Collins of Highbury (Lab)]

And that is illegal.

[Lord Sharpe of Epsom (Con)]

That is why we were asking these questions and laying this amendment. It is good to have it out in the open. The amendment sought not litigation but clarity. It sought not courtroom battles but a simple mechanism for transparency and accountability. It would have been a route for asking questions and a structure for reporting. It would be a reminder that positive action must remain within the bounds of the law and fairness, and not become a euphemism for sanctioned discrimination. However, I have heard the arguments from the Minister and, not least because of the lateness of the hour, I am content to withdraw the amendment.