Employment Rights Bill

Antonia Bance Excerpts

Report stage
Wednesday 12th March 2025 Commons Chamber

[Saqib Bhatti]

The hon. Lady should speak to the Deputy Prime Minister, who failed to name a single supportive business when challenged to do so.

In the short time I have left, I will make a couple of quick points. Labour Members keep saying that the Bill will lead to fewer strikes. It will not; it makes it easier to strike. In fact, the Transport Secretary today said that strikes will be necessary in the areas covered by her portfolio. The Bill will make it easier to strike, not harder. [Interruption.] Labour Members are exercised; I am sure that they will get a chance to comment. The country is at risk of being turned into a 1970s-style striking country. This Bill should be a wake-up call for all working people and businesses that will be undermined. As we have heard from Members from across the House, only the Conservatives will stand up for businesses.

I have questions for all Labour Members. People ask what this Labour Government stand for. They undermine businesses and working people, so that is a legitimate question. I fail to see who, other than trade unions, the Labour party now stands for. When people asked what we Conservatives stand for, Margaret Thatcher had a very good answer. She said that the Labour party—[Interruption.] The hon. Member for Paisley and Renfrewshire South (Johanna Baxter), who spoke before me, read out a quote; I think I should do so as well. Margaret Thatcher said:

“The Labour Party believes in turning workers against owners; we believe in turning workers into owners.”

[Antonia Bance (Tipton and Wednesbury) (Lab)]

I proudly draw attention to my membership of the Unite union and my declaration in the Register of Members’ Financial Interests, and I thank my friends at the GMB and ASLEF for their support of my election campaign.

I am in this place to stand up for working people, and that is what I will do. The best protection anyone can have at work is the support of their workmates, organised together in a union, and bargaining with management, sitting down with them as equals at the table, and making sure that the business grows and thrives, and that everyone takes home a fair wage. This Bill and the Government amendments will make it easier for working people to choose their union, be represented by their union, and get all the benefits of being in a recognised union, so that we have an economy where better terms and conditions at work go hand in hand with the growth that we need. Let us be clear: this Bill supports growth. It could add £13 billion to the economy through improvements to employee wellbeing, reduced stress, improved national minimum wage compliance, reduced workplace conflict, and increased labour market participation. That is the type of growth that we want.

[Joe Robertson]

I invite the hon. Lady to acknowledge the £5 billion cost to businesses that the Government’s own analysis says will be caused by the Bill.

[Antonia Bance]

I do acknowledge that, every single of which will go into the pocket of a working person in improved rights and higher wages, alongside £13 billion of increased productivity, reduced stress, better employee wellbeing and reduced conflict in the workplace.

On the amendments, I will start with access to workplaces, which are the key to getting more workers into unions. I strongly welcome provisions to give unions the right to access workplaces for meeting, representing, organising, recruiting and collective bargaining. I am glad the Government amended the rules to ensure they cover digital as well as physical access, and I am glad to see the Central Arbitration Committee oversight and penalties when employers do not comply, as is sometimes the case.

Once a union has established membership in a workplace, it will want to seek recognition. Most employers do not have to be forced to recognise a union—it is just what they do as a responsible employer—but where employers refuse, statutory recognition can be triggered. Until now that process has been absolutely mad and totally dysfunctional, and the cards are stacked against the working people and their union at every turn.

The worst example of this in recent years is at BHX4 in Coventry where a company dedicated to keeping unions out of its warehouses brought its US-style industrial relations to the UK, and took on its own workers who wanted no more and no less than for management to have to sit down and negotiate with their union, the GMB. Amazon is a £27 billion company in the UK yet its sales are growing three times higher than its frontline workers’ wages and it has had 1,400 ambulance call-outs in just five years. BHX4 in Coventry is not a safe workplace, with fulfilment centre workers getting injured, being asked to pick up too much, to load from the back of vehicles on their own, and to lift heavy weights above their heads. Those workers at that Amazon plant were forced to take 37 days of industrial action over poverty pay. At the Select Committee, the company’s badly briefed, evasive executives could not bring themselves to acknowledge that.

Recognising the GMB is a modest request, something 1,000 companies would have accepted without question, but not Amazon. At the Select Committee, the GMB organiser, Amanda Gearing, told us that Amazon flooded the bargaining unit; there were 1,400 workers when the GMB first sought statutory recognition but, strangely, just 27 days after that application went in the number went up to 2,749. Amanda told us how Amazon delayed the access agreement— 52 days to agree access to the workplace, a chance for the company to swamp the workers with anti-union propaganda. All the screens in the warehouse and the app used for work allocation were anti-union, threatening to close the site if workers unionised. When the access scheme was finally agreed, the GMB got a tiny number of screens and one 45-minute session with each worker, while Amazon had five one-hour sessions and screens everywhere. It induced GMB members to leave the union and in every way impeded access.

I pay tribute to the GMB leaders at Amazon in Coventry: Ceferina Floresca, Garfield Hylton, Paramanathan Pradeep and Mohammednur Mohammed—heroes, all of them. Standing up to huge intimidation and under huge pressure, they ran a brilliant campaign, but the deck was stacked against them, and they lost the ballot by a heartbreaking 29 votes. The GMB’s general secretary, my friend Gary Smith, is clear: if the legislation we are debating today had been in place, the GMB members at Amazon would have won their fight.

[John Cooper (Dumfries and Galloway) (Con)]

The hon. Lady is a fearsome campaigner on the Business and Trade Committee. She talks about intimidation and paints a lovely picture of unions working actively for their workers, but how can we square that with the version of intimidation that the hon. Member for Blyth and Ashington (Ian Lavery) seems to be referring to with the return of flying pickets?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before the hon. Lady responds, she will no doubt realise that she is close to eight minutes. I know she will want to speak for a little while, but not too much longer.

[Antonia Bance]

Thank you, Madam Deputy Speaker. I thank my fellow member of the Business and Trade Committee for his intervention. As he will have seen from the amendment paper, the Government are not proposing the return of secondary picketing.

New schedule 2 will give unions greater protection from unfair practices during a recognition process and make winning it more likely. I wish that Ministers had gone the whole hog and deleted the three-year lockout; perhaps there will be an opportunity to take that forward.

In conclusion, as a whole, this package of modern industrial relations will lead to more sitting roundtables sorting out issues, fewer picket lines, fewer strikes, more productive relationships, more long-termism across our industrial base, better jobs, higher wages, higher skills and higher productivity. That is why the changes in this Bill to both collective rights and individual rights are so crucial, and so opposed by the Tories and the absent Reform party. This is the type of growth that my party stands for—the type of growth where proceeds are shared by all. It is time to make work pay.

[Lincoln Jopp]

It is a great pleasure to follow the hon. Member for Tipton and Wednesbury (Antonia Bance). She is such a compelling advocate that I am tempted to go on strike myself. I do sense a certain amount of antipathy between the two sides of the House, so, before I come on to make a fair point in support of amendment 292, I want to prepare the ground by doing two things.

First, I want to try to convince Labour Members that they missed an opportunity, because I am, at heart, a rabble-rousing potential motivator of people. When, about three Christmases ago, the ambulance drivers went on strike, it irked me that the soldiers who were going to stand in for them at no notice would have their Christmas ruined, so I started a campaign to try to get them an additional £20 for every day they stood in for the ambulance drivers. This plan was—the Chancellor would have loved this—net positive to the Treasury. Of course, the departments that employ the ambulance drivers and the arm’s length bodies do not pay them on strike days, and the pay differential between them and the £20 bung to the soldiers meant that the Government still saved money. I managed to get The Sun on board and get a letter into the paper, and did a bit of television.

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[Chris Law (Dundee Central) (SNP)]

Although I have broadly welcomed the Bill as it has progressed through the House, I have caveated that by stating that the Labour Government should be bolder and must go further in future for the rights and protections to become entrenched rather than rolled back. Indeed, on Second Reading I quoted the Scottish Trades Union Congress general Secretary, Roz Foyer, who summarised the Bill by saying:

“the Employment Rights Bill isn’t the terminus. It’s the first stop. This can be the foundations on which we can build.”

I agree.

[Antonia Bance]

The hon. Member may not have had a chance to look at the Government website and encounter the document entitled “Next Steps to Make Work Pay”, which sets out a programme of continuing work to improve rights at work and parental leave and the review of employment status to come. I am sure he will be glad to hear that.

[Chris Law]

No, I have not had the chance to look at the Government website, but I thank the hon. Member for raising that. As I have broadly said, I support the Bill, but there are reasons why I am contributing to the debate, not least because of a lack of devolution to the Scottish Parliament, which I will come to shortly.

On Second Reading, the shadow Secretary of State for Housing, Communities and local Government, the hon. Member for Thirsk and Malton (Kevin Hollinrake), made it explicitly clear that the foundations will not be built upon in the long term, as a future Conservative Government would simply repeal protections. He declared that

“many of the measures will be brought in through secondary legislation, therefore making it easier for a future Government to reverse some of the catastrophic changes.”—[Official Report, 21 October 2024; Vol. 755, c. 58.]

Employment rights for workers in Scotland cannot be dependent on the merry-go-round of Westminster politics. They have seen their rights attacked and diminished by years of Conservative Governments, and where the Bill reverses some of the worst excesses of those Governments’ policies, that must be protected and strengthened in the long term. Westminster cannot guarantee that for the people in Scotland, so I have tabled new clause 77, which would amend the Scotland Act 1998 to devolve employment and industrial relations to the Scottish Parliament.

Back in 2014, all Unionist parties, including the Labour party, promised maximum devolution for Scotland, as displayed on the front page of a national newspaper days before the independence referendum, in which Scotland voted no. This Labour Government have failed to devolve a single power to Holyrood since coming to power in July—not a single one—despite the Scottish Parliament voting for employment rights to be devolved.

In November, the STUC called on the UK Government to

“end the excuses and devolve powers over taxation, migration and, importantly, employment law from Westminster to Holyrood.”

Moreover, Scottish Labour’s 2021 election manifesto stated:

“We support further devolution of powers to Holyrood including borrowing and employment rights”.

Here is a question for Scottish Labour MPs: will they respect the wishes of the Scottish Parliament?

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[Antonia Bance]

indicated dissent.

[Chris Law]

The hon. Member shakes her head, but I am speaking to Scottish Labour MPs.

[Antonia Bance]

I care about the people of Scotland.

[Chris Law]

I care about the people of Scotland and what they say. Will Scottish Labour MPs listen to trade unions and deliver on the promises made by their party by supporting the new clause, or will they continue to follow instructions handed to them from No. 10? Silence. I thought so. They are too scared to stand up for the people of Scotland.

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[Gregory Stafford]

I return to what industry leaders are saying. They have shared their fear about

“union influence slowing down decision making and hindering flexibility”,

making it harder for companies to remain competitive in global markets. The Chartered Institute of Personnel and Development’s survey found that 79% of organisations expect measures in the Employment Rights Bill to increase employment costs, placing further strain on companies that are having to grapple with increases to national insurance contributions and the rising national minimum wage. It is also likely that the measures will lead to

“more strikes, more disruptions, and ultimately less productivity.”

[Antonia Bance]

The hon. Member has referred a number of times to yesterday’s proceedings. I am sad that he was not able to join us in the Division Lobby in voting against the amendments and in favour of the Bill, given that 73% of his constituents in Farnham and Bordon support statutory sick pay for all workers from day one, and 67% of his constituents support banning zero-hours contracts.

[Gregory Stafford]

I am sorry that I am such a disappointment to the hon. Lady, but maybe she will get over it.

The Bill is a roll-back of the most important changes that we made when we were in government. It is no surprise that trade unions have warmly embraced the legislation, over 200 amendments having been hastily shoehorned in to satisfy those who line the Government’s pockets. Perhaps it is purely coincidental that their wishes have been granted, although one might wonder if the £5.6 million in donations the Labour party has received since July has something to do with it.