Employment Rights Bill

Baroness Barran Excerpts

2nd reading
Thursday 27th March 2025 Lords Chamber

[Baroness Barran (Con)]

My Lords, it is truly a great honour to follow on from my noble friend Lady Cash’s maiden speech. When I asked those who had worked with my noble friend over the past few years how they would describe her, there was absolute unanimity in their responses. The first thing they all talked about was her courage: brave as a lion—or, possibly, a lioness—which was perhaps learned, as we heard, from growing up in Northern Ireland at the height of the Troubles. They all said that there is no issue that is too hard for my noble friend to tackle, and that anything she tackles, she tackles with single-mindedness and rigour. She was described by the Observer as a modern “freedom fighter” and, without question, she has been a tireless and hugely effective advocate for free speech and western values.

The second word used when talking about my noble friend is “forensic”. Colleagues have described her to me as one of the most intellectually rigorous and honest people they have worked with, as well as a consummate professional in her approach. That of course is borne out by her track record. My noble friend has excelled in so many different areas: from her work as one of London’s most distinguished human rights lawyers, to upholding equality on the board of the EHRC, and to her leadership of Parent Gym with its practical approach, supporting parents and promoting social mobility.

Finally, colleagues and friends talk to me about my noble friend’s compassion and modesty—we heard her modesty in her opening words in your Lordships’ House today—and, crucially, her ability to build alliances, which we all know is so important in our work here. I know that all noble Lords across the House will, like me, be looking forward to working with my noble friend and agree that we are fortunate to have someone with such exceptional experience and skills.

Turning to the legislation, I will confine my remarks to two specific areas of the Bill. The first relates to the proposed reintroduction of the school support staff negotiating body and the second is that the Bill presents an opportunity to clarify the employment status of foster carers.

On these Benches, we support measures to improve pay and conditions for school support staff, who are so vital to the effective running of our academies and our schools, but we have concerns about the impact of the Government’s proposals in practice. Our worry is that their proposals will lead to a significant increase in workload and costs for academies, taking funding away from the front line. For example, the proposal to review and align working hours based on a 12-week reference period will create administrative complexity—particularly for staff on variable hours or term time-only contracts, such as midday supervisors, exam invigilators and music tutors. Without an exemption for term-time or education-specific roles, this will lead to higher costs and cumbersome recording and averaging systems. The vast majority of academies comply with the National Joint Council for Local Government Services’ terms and conditions while retaining a degree of flexibility—where needed—over local terms and conditions. Can the Minister reassure the House that this local flexibility will be retained and that the SSSNB will not be a one-size-fits-all approach?

In my experience, academy trusts use their flexibility to improve conditions for their staff—for example, by using the apprenticeship levy to allow all support staff to achieve level 3 qualifications and offering them 18 weeks of full maternity pay and eight weeks at half pay. Can the Minister confirm that nothing in the Bill will prevent academies improving on the terms and conditions agreed by the SSSNB if they feel it is in the best interests of staff and pupils? Rather than rigid uniformity, we need a system that encourages innovation and benefits pupils and staff. This is particularly true if we are to deliver reform of the special educational needs and disabilities system, where we must retain the ability to innovate and be flexible with our workforce.

Finally, the reduction in thresholds for strike ballots and the removal of minimum service levels legislation increases the risk of strike action, which puts the education of our children at risk and will require greater investment in contingency planning. Trusts typically have very good relations with their unions at a local level, but national negotiations are outside their control and risk straining staff relations unnecessarily.

On the employment status of foster carers, the Minister in the other place, himself a foster carer, stated

“it would not need a new clause but a new Bill”—[Official Report, Commons, 3/12/24; col. 193.]

to address this. As the Minister will be aware, there are serious concerns among foster carers and local authorities about the need for clarity on their status, to prevent piecemeal definition by the courts. Without that, there is a real risk of a decision at an employment tribunal in effect ending foster provision as we know it. I urge the Government not to take this risk and the Minister, first, to clarify that the Government have no intention that foster carers should be defined as employees and, secondly, to agree to introduce amendments to this legislation which address this important matter.

In closing, I congratulate all noble Baronesses who have already spoken. I offer an apology to the noble Baroness, Lady Gray, whom I pestered remorselessly in the many months when I was waiting to know whether I was coming to your Lordships’ House or whether someone had changed their mind. Hers was the only email address I had to contact. I think that she had more important things to worry about, but I am very grateful for her patience.