Employment Rights Bill

Debate between Andy McDonald and Peter Kyle

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Peter Kyle]

In all the Front-Bench jobs I have had, I have enjoyed my exchanges with the hon. Gentleman, who is always constructive and well intentioned. I did not expect that we would enjoy that renewed relationship so soon in my new position. I say to him, and to the incredible businesses in his community, which I have had the pleasure of visiting, that a healthy workforce is a productive workforce. We intend to ensure the health and wellbeing of employees, and to ensure support for them in the workplace, structured in a way to get the very best out of them. That will be of benefit to employees, and certainly to employers as well.

[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

My right hon. Friend will, without doubt, remember those dark days of covid, when people had to turn up in the workplace, despite being poorly. That contributed to the spread of the pandemic. Does that not illustrate the need to ensure that when people are ill, they can rely on a sickness absence framework that supports them, and allows them to return to work when they have recovered?

[Peter Kyle]

My hon. Friend makes an incredibly important point. Both in times of crisis, such as during covid, and in good times, there are good employers and those who sometimes fall beneath standards. Covid shone a light on the challenges that can be faced in the workforce. In those times, we needed to see the best from everyone. The majority of businesses supported their employees through that time of challenge. We want to ensure that the floor is high enough, and that the standards for every workforce are those that were set by the best, not by those who fell short of what we expect in Britain in the 2020s.

Today, I ask the House to renew its commitment to this legislation. I will ask hon. Members to endorse Government amendments that seek to clarify and strengthen a number of measures, and to reject the amendments of Conservative and Liberal Democrat peers who joined forces to undermine the progress that we are attempting to make. I make an exception of those in the other place who had the sincere aim of scrutinising, and who ensured that the Bill was steered through the legislative process there with a steady hand.

--- Later in debate ---

[Peter Kyle]

The reassurance that I give is that we will implement this policy, having listened to employers. We will make sure that the rights to which we have committed in our manifesto are fully upheld.

What employers want is to have workers who are fully committed to their life in the workplace. If employees feel that they have an unreasonable sword of Damocles over their head, employers will not get the best productivity out of those workers.

[Andy McDonald]

Will the Secretary of State give way?

[Peter Kyle]

I am going to make some progress.

We have said explicitly that our intention is to provide a less onerous approach for businesses to follow in order to dismiss someone during the statutory probation period for reasons to do with their performance and suitability for the role. The Government are committed to undertaking a public consultation to get the details of the statutory probation period right, to keep it light touch and to get the standards right. Most employers who use contractual probation periods operate them for six months or less. The Government’s preference is for the statutory probation period to be nine months long. That will enable an employer to operate a basic six-month probation period, with an option for extension where employers wish to give their employees further time to improve their performance. We will consult on the duration, which is why the Government will not agree to Lords amendments 23 and 106 to 120.

Lords amendment 48 seeks to impose a duty on the Secretary of State to have regard to the requirements for seasonal workers when making regulations. The Government do not believe the amendment is necessary, because the Bill already reflects the realities of seasonal work. For example, it allows guaranteed offers for limited-term contracts where appropriate, such as for task-based or time-bound roles. This Government do not believe the amendment is necessary, as the approach taken in the Bill already protects seasonal jobs while ensuring fair rights for workers, which is why the Government decline to support this amendment.

Lords amendment 49 seeks to require a consultation on the effects of provisions in part 1, and to ensure that at least 500 small and medium-sized businesses are included in the consultation. SMEs are the backbone of the British economy, and their insights are vital to shaping policy that works in practice. That is why our approach to the implementation of the Bill includes 13 targeted consultations, running through to 2026. We think it is more effective and proportionate for us to engage extensively with SMEs, as planned through the consultation that we have described in our road map, and to ensure that SMEs’ views help shape the implementation. Given the comprehensive process, the Government consider that the amendment must be rejected.

Lords amendment 46 would have the effect of requiring the Secretary of State to make regulations within six months to extend the circumstances in which an employee is automatically considered to have been unfairly dismissed for whistleblowing. It would require certain employers to take responsible steps to investigate whistleblowing claims. The Government do not support the amendment. We recognise that the whistleblowing framework in the Employment Rights Act 1996 may not be operating as effectively as it should be, but we believe that any reform should be considered as part of a broader assessment of that framework. That is why the Government consider that the amendment must be rejected.

Lords amendment 47 would insert a new clause into the Bill that relates to workplace representation. The amendment would allow workers and employees to be accompanied at grievance hearings by a certified professional companion. The law already guarantees workers the right to be accompanied at a disciplinary or grievance hearing by a fellow worker, a trade union representative or an official employed by a trade union. Employers may allow other companions to attend formal meetings on a discretionary basis. The current law has served workers and employees for well over two decades. It strikes the right balance between fairness, flexibility and practicality, and we believe it should remain this way.

Lords amendment 60 seeks to remove the restrictions on young people aged 14 to 16 working on a heritage railway or a heritage tramway from the meaning of

“employment in an industrial undertaking”.

The Government do not believe that this amendment is necessary. The benefits of youth volunteering in heritage railways cannot be overestimated and, with proper health and safety management, it already works well. The Employment of Women, Young Persons, and Children Act 1920 does not ban youth volunteering in appropriate roles on heritage railways. Well-run schemes, such as the one in Swanage, show that young people can still take part safely and legally.