Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Thursday 27th March 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to take part in this important Second Reading debate. It is great to see so many noble Lords taking part, and I particularly welcome and congratulate the maiden speakers. I hope they will work with all of us, particularly those on the Government Benches, to constructively improve the Bill.

This is a Bill that the Green Party welcomes, and my noble friend Lady Jones of Moulsecoomb will shortly provide a listing of the many points on which we agree. I am going to focus on the big-picture context in which this Bill comes before us. In doing so, I respectfully but strongly disagree with the pleasantly colourful opening speech of the noble Lord, Lord Hunt of Wirral. This Bill modestly—we Greens would still say inadequately—seeks to rebalance the power of workers and employers.

That relationship was thrown profoundly awry under Margaret Thatcher, particularly by strangling the ability of workers to get together in unions to support each other against the power of the bosses, particularly the bosses of large companies. The imbalance was then enhanced by allowing zero-hours contracts and other insecure forms of employment to explode, and for working hours to extend, across many sectors of our economy. That is something that was not permitted to happen in many of our European neighbours, which now benefit from healthier, happier workers, who have the capacity to contribute to their communities and societies generally, as the noble Lord, Lord Monks, highlighted. We saw the wage share of workers collapse, a rise in inequality, and the inefficient and destructive financialisation of our economy, all of which can be at least in part attributed to failures to make work safe, fair and adequately remunerated.

There was a failure to recognise changing social structures, whereby the previously unpaid and unacknowledged labour of women has been brought into the paid workforce. That work has to fit around the continuing demands they still face. We are, as the right reverend Prelate the Bishop of Newcastle and the noble Lord, Lord Palmer, both highlighted, people with responsibilities and needs outside work that our working structures do not adequately acknowledge. The economy is paying the price of this too, with skills, energy and talents excluded by inadequate labour protections.

The Blair and Brown Governments failed to redress the imbalance between workers and employers created under the Thatcher Government, and so we are where we are today. They too allowed the minimum wage to drift downward in real terms, subsidising the profits of giant multinational companies in particular, at a cost to us all. As the noble Lord, Lord Barber, said, we have seen a race to the bottom in employment, and that has to stop.

I often hear those on the Government Benches say that they want to get workers into good jobs. We in the Green Party take a different view: we want every job to be a good job, and those that are unavoidably difficult and unpleasant to have conditions that reflect the conditions of work. We clapped essential workers during the pandemic, but we did not lift their pay or the respect in which they are held. This Bill has the potential to do much more than it currently does. I invite noble Lords to consider the relative position of sewer cleaners and bankers, and what would happen if we did not have the former working for us all.

A fair society and a fair working environment are particularly important in what have often been described as the green areas of the economy. On Monday, the All-Party Group on Climate Change held an interesting meeting about the just transition, and that is something I want to look at in this Bill.

I am greatly concerned about the impacts of new technology on workers—for example, on the employees and agency staff at that great parasite, Amazon, who are forced, at a cost to their health, to act like robots, working themselves into the ground. That kind of surveillance is spreading to many other areas of work. Workers need the right to breathe at work. Hospitality workers need to be able to travel home safely at night, and work is being done on that through the Get ME Home Safely campaign. Generally, health and safety at work needs much more attention, and I want to see how we can build this more strongly into the Bill.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Thursday 5th June 2025 Lords Chamber

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to follow my friend the noble Lord, Lord Clement-Jones. In doing so, I declare my technology interests as set out in the register. It is a pleasure to follow him because this has always been his “WAIRIA” of expertise—bear with me. I will speak to my Amendments 289 to 298 and 314 to 316, but before doing so, I give full-throated support to everything the noble Lord said and his amendments. We are very much on the same page.

There is a strange situation with government at the moment when it comes to AI. That is not specific to employment rights but across the piece. We have been subject to it for the past year. We are told consistently that the Government will not be bringing forward cross-sector AI legislation. That position is to be defended if it is taken—the Government have decided on a domain-specific AI approach. But the difficulty with that is that whenever we have had domain-specific legislation coming through your Lordships’ House—be it product regulation, data or any of the Bills that I, my friend the noble Lord, Lord Clement-Jones, and others, have worked on—we have been told that those are not the Bills where AI is to be considered. In only a slightly reductive way, we currently have a situation, to be clear, where the Government are saying they are not bringing forward cross-sector AI legislation and specific Bills are largely—not exclusively—not the place to incorporate AI issues.

The amendments that noble Lord, Lord Clement-Jones, and I set out in this group are key to one of the most important sectors—it is broader than a sector, and such an important aspect of our lives. It is how we are employed, what that employment looks and feels like, and how it is experienced by all of us. These amendments do not seek to address issues that will occur next year, next month or even tomorrow. AI is impacting workers right now, oftentimes without them even knowing that it is in the mix.

My first amendment seeks to suggest that the principles that have variously appeared in White Papers and other reports are put on a statutory basis in the Bill. We give ourselves the best opportunity to optimise with AI if we take a principles-based, outcomes-focused and input-understood approach. Similarly, I set out in Amendment 290 that all employers and organisations that develop, deploy or use AI should have an AI responsible officer. For this, do not think burdensome, bureaucratic or overcompliance. Because of the proportionality principle, it simply means that there is an obligation on those employers to report on their use of AI in the workplace. It can be well understood through reporting obligations such as those set out in the Companies Act, which employers will be very familiar with at this stage.

My amendments then move to questions of use. What happens where IP or copyrighted material is being used in the workplace? There needs to be labelling so that everybody is clear on, and there is transparency about, what is going on. What about the use of workers’ data? This is an incredibly rich resource that should not in any sense be served up or sold off to the highest bidder. The use of AI in the workplace should be clear and transparent, and workers should have an opt-in, not an opt-out, responsibility, as set out in the amendments.

Then, as the noble Lord, Lord Clement-Jones, has touched on, there is the question of automated decisions. It is clear that workers not only have to be aware that ADM is being used—and have the right to opt out—but also need the right to a human explanation of what is happening in those situations. If we are to optimise things with these technologies, concepts such as “human in the loop” and “human over the loop” must be understood. Safeguards need to be in place, not least where ADM is used, and this could form part of the data protection impact assessment that employers have to undertake.

Then there is the question of regulators. Employment and recruitment currently find themselves wide open to the use of AI. An individual may find themselves not getting shortlisted, not getting hired and not even knowing that the reasoning behind that was algorithmic processing rather than human judgment and human reasoning. It is critical to consider the right approach to fill that regulator gap. Would a specific employment and recruitment regulator do the job? My view—and I think there is evidence to support this—would again be that we could have a cross-sector AI authority. Again, do not think of a bureaucratic and burdensome AI regulator; instead, think of a nimble, agile, adaptive and, crucially, horizontally focused AI regulator, not only in the area of employment rights but across the whole of our economy and society. It would deliver that clarity, consistency and certainty that we all need wherever we come across AI in our working, professional and private lives.

It is so significant that, in Amendment 315, I believe there should be a commission on AI in the workplace. Mindful of comments from Monday, I am certainly no fan of setting up a commission to delay or kick issues into the long grass. But perhaps by using the technology to solve some of the issues that are created by the technology, we could have a reimagined approach to commissions and consultations.

Finally, I come to Amendment 316 and the algorithmic allocation of work. This is already happening, and it has already been in front of the courts. It is clearly an issue and one that needs to be fully understood. The Government need to state clearly their position on this most significant of matters. I look forward to other speakers and to the Minister’s response.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a pleasure to follow two of the House’s acknowledged experts in this area of the impact of AI. I will speak to my own Amendment 323B and also note that I attach my name to Amendments 294 and 298 in the name of the noble Lord, Lord Holmes.

My Amendment 323B is quite a modest step. It calls for a review to be published within 12 months. In saying that, I thank the Ministers for having a meeting prior to the discussion of these amendments, which I very much appreciated. But I think the time for talk is over; the time for action is now. Twelve months is still too short, but it seemed the best timeframe I could reasonably give for this call for a review of the electronic monitoring of workers in the workplace. This picks up some points made by the noble Lord, Lord Holmes. It also crucially points to the need to look around the world and see what else is happening and what we can learn from what has happened in other places. The companies selling these systems are global giant multinational companies. The companies deploying these systems are giant multinational companies in many cases. It is important that, rather than trying to pick this off ourselves, we look around the world and say that we want to be leaders in creating a different kind of model of how workers can be protected.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Monday 16th June 2025 Lords Chamber

I thank the noble Earl for proposing his amendment. I look forward to playing a continuing role in supporting freelance workers, specifically those in the creative industries, to secure their safety and indeed dignity at work.

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Caine. She made some terribly important points; they are literally about matters of life and death.

I have added my name to Amendment 259, alongside the noble Lord, Lord Freyberg, and the noble Earl, Lord Clancarty. I apologise to the noble Earl for not having also signed Amendment 287; I certainly would have done so, had I caught up with it sooner. I previously backed a similar amendment from the noble Earl to an earlier Bill under the previous Government.

I declare my position as beneficiary of the Authors’ Licensing and Collecting Society, with which the noble Lord, Lord Clement-Jones, is associated. I published one book with the society last year, and I have another one coming out this year.

Amendment 259 is about unionisation and collective bargaining in the arts and cultural sector, and it calls for alternative, appropriate models for the sector. I hope the Labour Government see sense and come back in support of the amendment. They believe—I hope—in the values of collective bargaining and of workers being able to get together to fight for appropriate conditions, whether it is health and safety, pay or work security.

I declare another position—or, perhaps, a situation—in that, 20 years ago, I reviewed a lot of London fringe theatre on my own website. Speaking to some of the actors and the other creatives involved in those performances, I learned that the conditions under which they were employed, or hoped to get paid, were often very precarious. I very much doubt that that situation has improved.

The noble Lord, Lord Freyberg, spoke about the insecurity of Covid and what followed it. The Republic of Ireland saw that situation and took a step to deal with it: it introduced the universal basic income trial, which ran from 2022-24 and paid creative workers a weekly stipend of €325 for three years. We still have not had the formal impact assessment of that, but I have heard a great many anecdotal reports about the more stability and reduced stress for creative workers. Realised from anxiety, they had time and headspace to open up new possibilities and create trajectories. They spent time researching, experimenting and taking risks and really saw the benefits in their creative practice. What we are proposing here is not going as far as a universal basic income but is a collective bargaining approach that strengthens the position of creative workers within their sectors and organisations, particularly freelancers. This would surely be a positive step at least heading in that direction.

Finally, it might feel as if we are addressing something that has been an issue for a very long time. There is a very famous painting called the “Poor Poet”, done in three versions by the German painter Carl Spitzweg. It shows a garret room with a leaking roof. There is no fire or bed, only a mattress on the floor, and the poet is tucked underneath every bed covering because he cannot afford to heat his room. That has been a long-term stereotype, but it does not mean we have to continue that.

More practically, in the reality of Britain in 2025, many people cannot even manage to access conditions such as that. There is a real issue—and no one else has brought this up yet—about access to the creative sector being open to a wide variety of people from a wide variety of groups in our society, not just to people who can access the bank of mum and dad when things go a bit wrong and can afford to work as an unpaid intern for years. If we are going to have a creative sector that truly harnesses the talents of all our society, opens opportunities and—if I have to put it this way—is great for the economy, then surely all the amendments in the group, but particularly the amendments on collective bargaining and the freelance commissioner, would take us some steps down that road?

[Lord Londesborough (CB)]

My Lords, I address Amendment 287 on the creation of an office for a freelance commissioner in the name of my noble friends Lord Clancarty, Lord Freyberg and Lord Colville of Culross, who has managed to beat our limited motorway system but arrived just too late to speak, sadly.

I am somewhat conflicted about this thought-provoking amendment, in that I have argued at Second Reading and in Committee against the overreach of the Bill and its sheer complexity and burden on employers, especially for small and micro businesses. On the noble Baroness’s comment, I do not want to be seen to be adding baubles to the Christmas tree. However, I agree that year by year the arguments grow for the establishment of a freelance commissioner, partly because the number of freelancers is growing and will continue to do so. The current 2 million plus freelancers will easily rise to 3 million within the next 10 years in the UK alone as employers shed staff from payroll, weighed down by the combination of increased national insurance contributions, national minimum wages increasing much faster than the rate of inflation and all the new rules and regulations coming in this very Employment Rights Bill.

Just look at the recent and alarming drop reported last week by the ONS of 274,000 workers coming off payroll during the past 12 months. We do not yet have the data to track how many of them are transitioning to freelance or self-employment. Indeed, as my noble friends have pointed out, the data on this area of freelancing and self-employment is poor and not up to international standards, and that is a real problem when we are trying to assess exactly what their contribution is to the economy.

I am going to muddy the water slightly, but you could argue that there is a need for an independent commissioner for the self-employed. We have been talking about freelancers, but there are 4.2 million self-employed people, including freelancers, in the UK. Those numbers are going to increase given the impact of technology, digital communications, AI and, particularly, the practice of working from home. I accept that there are key differences between freelancers and many self-employed people, for example, sole traders or those running their own businesses or partnerships, perhaps with just one or two contractors, but freelancers, although independent and project-based, are also self-employed and are treated just the same way for tax purposes by HMRC.

I accept that freelancers and the self-employed are not as valued or appreciated by Governments of all parties as they should be. This was brutally exposed during the pandemic with furlough and other schemes. If we want to develop a proper entrepreneurial spirit and environment in this country, we should do much more to value and look after those who create their own jobs and face up to all the risks and jeopardy that that involves. That includes freelancers, not just in the creative industries, but in other sectors where they are prevalent, which are as diverse as construction, professional services and agriculture. The Government need to give Amendment 287 serious consideration and, while doing so, think through how the interests of all the self-employed, not just freelancers, should be represented.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Committee stage
Tuesday 24th June 2025 Lords Chamber

Moved by

[Baroness Bennett of Manor Castle]

320: After Clause 150, insert the following new Clause—
“Maximum pay ratio(1) A worker must be remunerated by their employer at a rate which is not less than one tenth of the remuneration made by the employer to the highest-paid employee.(2) The remuneration referred to in subsection (1) includes—(a) salary or hourly pay;(b) bonuses;(c) employer pension contributions;(d) shares, options, or other entitlements;(e) benefits in kind.(3) If a worker receives remuneration which is less than the entitlement referred to in subsection (1), the worker is taken to be entitled under their contract to be paid, as additional remuneration in respect of the period concerned, the difference between their entitlement and the remuneration actually received.”Member’s explanatory statement
This amendment would implement a maximum ratio of 10:1 between the highest- and lowest-paid employees in an organisation.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, my Amendment 320 sits in glorious lone splendour in this group. I am not responsible for degrouping it; that was the way it was arranged. Noble Lords will see that this is a proposed new clause to introduce a maximum pay ratio. I thank the Public Bill Office for assisting me with the drafting.

The noble Lord, Lord Sharpe, took us into celebrity land with Usain Bolt and Mo Farah. I am going further into that space with a forthcoming event from this week: the wedding of Jeff Bezos and Lauren Sánchez in Venice. I am relying here on the interesting reporting in the Guardian from Zoe Williams, who has been spending time with the campaign group No Space for Bezos and finding that in Venice there is considerable resistance to a billionaire taking over a city and totally disrupting the life of that city for three days. Williams quotes one of the local campaigners:

“We really wanted to problematise the ridiculous and obscene wealth that allows a man to rent a city for three days”.


Williams reflects in the article that

“when wealth itself is seen to be acting in its own interests, and it has accumulated to the degree that its impact scars every poorer life with which it comes into contact”,

we have a problem.

This amendment sets out Green Party policy—yes, this is long-time Green Party policy—but I am really aiming to assist the Government constructively here, and to assist the Committee as well as perhaps our national debate, by demonstrating that it is possible to lay down bridges to cross the deep fissures in our society. They are not just in Venice and they do not just involve Amazon—although I note that the Government have been applauding an expansion of Amazon here in the UK. We might think about how many of the small businesses we have just been talking about might go out of business as a result of that. I posit that it is essential to start to bridge these chasms, to tackle the poisonous inequality that so affects our political landscape.

Bringing the context closer to home, noble Lords may perhaps have expected me to cite research out only a week ago from the High Pay Centre, which analysed five years of mandatory pay ratio disclosures across the FTSE 350. This was a previous modest legislative attempt, hoping that shining a light on the level of inequality might have some impact in reducing that inequality. The study clearly showed that the attempt to do that has failed. The figures have basically bobbled around since 2019, and the current ratio of median CEO pay to the median UK employee was 52:1. That has been at a similar level ever since the ratio started to be recorded. I note that it is even worse for the FTSE 100, where the median CEO to median employee pay ratio was 78:1. Those are the middle figures but, if we take the widest measures, we go to the security and catering group Mitie, where 575:1 is the ratio not to the lowest-paid employee but to the median employee. At Tesco it is 431:1. This situation is doing huge damage to our society, and I put it to the Government that they surely have to tackle it.

A 10:1 ratio is Green Party policy. I know from the discussions that the Minister kindly had with me before this debate that she will not leap up and support my amendment, but I hope she may be able to provide some response, at least to acknowledge that we have a problem. The pay differentials also react to the low-pay environment in which those essential to the success of a business are not getting the respect, as well as the pay, that they deserve. Meanwhile, a few at the top are incentivised to chase short-term profits and share price valuation at long-term cost to society but also to the businesses that they head.

The impact on communities is evident in towns and cities, where the vast bulk of workers are now trapped on or very near the minimum wage, while money is shovelled away to faraway company headquarters. Companies defend these sums as reflecting performance, but all too often, as we have seen with the water companies, that is far from the case. Why is it that every worker does not benefit if a company is doing well, as they have all contributed?

I finally note that, yes, this is also an environmental measure. To take just one element of the CEO lifestyle, the wealthiest people in the UK burn through more energy in flying alone than the poorest use in every aspect of their life. Environmentally, as well as socially and politically, we cannot afford a society split between a few have-yachts and the majority have-nots.

[Lord Hunt of Wirral (Con)]

My Lords, I rise to speak to this amendment and, frankly, to express a degree of disbelief that such a proposal should have been made. With due respect to the noble Baroness, I do not believe that this amendment is a serious contribution to the debate on fair pay or responsible corporate governance. It is a piece of performative and ideological showmanship—a throwback to a worldview that sees profit as a vice, wealth as inherently suspect and enterprise as something to be managed, limited or downright punished. The idea that government should impose a legal maximum pay ratio—a flat arbitrary ceiling of 10:1 between the highest-paid and lowest-paid employees in every organisation—is not just unworkable but, I believe, economically illiterate.

First, this proposal would be a gift to bureaucracy and a curse to business. Every company, from high street shops to high-growth tech firms, would have to monitor and police every single form of pay—salary, shares, bonuses, pensions and benefits in kind—just to ensure that they do not cross an artificial line. Do we really want our job creators to spend their time calculating compliance spreadsheets instead of investing, innovating and employing? Secondly, it would actively disincentivise growth and ambition. High-performing individuals—those who drive investment, lead exports and create jobs—would simply leave and take their talent elsewhere.

The noble Baroness mentioned Amazon. I join the Government in welcoming the further investment that Amazon is making. As a matter of record, Amazon employs circa 75,000 people in the UK. No one is on zero hours, and the minimum annual starting salary is between £28,000 and £30,000 a year. It provides flexible working opportunities from day one, including term-time contracts, which allow parents, grandparents or carers guaranteed leave during school holidays. It offers paid parental and bereavement leave. Amazon also offers guaranteed hours from day one, and employees have the choice of full-time or part-time contracts. It is important to put the record straight. Since 2010, Amazon has invested more than £64,000 million in the UK, and £12,000 million in the last 12 months, and supports a network of around 100,000 UK-based small and medium-sized businesses. I welcome the opportunity that the noble Baroness has given me to put the record straight.

To go back to the noble Baroness’s amendment, it would mean that employers would be forced to avoid hiring lower-paid staff altogether, just to protect the ratio. What would be the result? There would be fewer jobs, less opportunity and more outsourcing—the very opposite of what a fair and inclusive economy should look like, hitting the least well-off, the most vulnerable and those at the margins of the labour market.

My third point is that this is not fairness; it is levelling down. It is virtually saying, “Don’t succeed too much, don’t reward excellence, don’t grow too big or too fast or be too profitable”. That is not fairness—it is anti-growth, anti-aspiration and anti-business. I must tell the noble Baroness that this amendment looks like it would be more appropriate in a Maoist economic manifesto, delivered to his revolutionary cadres, rather than a serious proposal for modern employment legislation. What this amendment reveals is not a serious attempt to solve a policy problem but a mindset that is suspicious of success, dismissive of wealth creation and entirely detached from economic reality. Against that background, I look forward to hearing the Minister’s response, which I hope will agree with mine, that this is an amendment that should not be accepted.

--- Later in debate ---

By contrast, the noble Baroness’s amendment would introduce an arbitrary cap on the pay of any individual in a company, regardless of the experience or skills that they bring to the business as a whole. We are not aware of any other advanced economy that has introduced such a measure and have significant concerns that it could undermine the UK’s economic competitiveness. While it is right that companies should explain how pay at the top aligns with wider employee pay, it is also important that companies can compete for the best business talent in the UK and globally. The amendment would significantly undermine the ability of UK companies to attract and retain skilled and experienced employees, while providing international competitors with greater opportunities to poach UK workers, to the detriment of our economy as a whole. For these reasons, I ask the noble Baroness, Lady Bennett of Manor Castle, to withdraw Amendment 320.

[Baroness Bennett of Manor Castle (GP)]

My Lords, this has been a short but very clarifying debate on the political divisions in our society. I will be fairly brief in responding, but there are some points that I must pick up.

The response of the noble Lord, Lord Hunt, really sounded like something from a debate out of the 20th century. I started with the story of what will happen in the coming days in Venice because we are in the 21st century, where raging pay inequality is a huge political issue. If you are not prepared to acknowledge that that is an issue that is significantly shaping our politics, you really are not in the 21st century.

To pick up some specific points the noble Lord made, he said that the amendment would force people to monitor and police. However, as the Minister rightly said, all this monitoring and reporting already happens in FTSE 100 and FTSE 350 companies. It is the law already, so there is no extra paperwork to be done here at all.

The noble Lord, Lord Hunt, said that the amendment would disincentivise ambition, but ambition exists right across the board in companies. We have millions of cleaners, caterers and new apprentices out there who have huge ambition. Their ambition and the contribution they make absolutely need to be recognised.

I have to pick up the Amazon point. The noble Lord, Lord Hunt, missed a couple of things out about Amazon, which I describe as the great parasite. How many jobs has Amazon destroyed? How many ambulances get called to Amazon warehouses, where workers are worked beyond human flesh and blood in trying to keep up with robots? That is the reality of Amazon.

Finally, I come to the point the Minister raised about economic competitiveness and the best business talents. Yes, we need the best talents, but we need them across the board. One person as the leader of the company is a small part of that company. On the idea that this is a pyramid—the noble Lord, Lord Hunt, said these are the people who create jobs—I am sorry, but it is the whole of our society that creates jobs. You can put one of these CEOs on a desert island and they will not make a penny. The infrastructure, the workers and the customers—that is where the wealth comes from, and if we do not have a functioning society then we do not have successful businesses.

However, I am aware of the time and that there are some people in the Chamber who are undoubtedly waiting for next business, so I shall restrain myself from going on further. I shall look to come back with perhaps a more moderate amendment, but I will seek to hear from the Government what they plan to do about pay inequality, because I am afraid that I did not hear in the Minister’s response any answer to what they plan to do about that raging problem. I beg leave to withdraw the amendment.

Amendment 320 withdrawn.

Moved by

[Baroness Bennett of Manor Castle]

321: After Clause 150, insert the following new Clause—
“Review of safe homeward transport for workers(1) Within six months of the day on which this Act is passed, the Secretary of State must publish a review of whether workers should be entitled to access to safe homeward transport.(2) The review under subsection (1) must include—(a) an analysis of transport options generally available to workers who finish work after 11pm;(b) an analysis of the costs, in absolute terms and as a percentage of pay, to such workers of taking the available transport options;(c) best practice examples of employers who provide homeward transport for workers;(d) proposals to ensure that workers can travel home safely after 11pm without excessive cost.”Member's explanatory statement
This amendment would require the Government to review the safety and affordability of workers travelling home after 11pm, and make recommendations. It includes reviewing best practice, such as City firms who pay for homeward transport for workers late at night.

[Baroness Bennett of Manor Castle (GP)]

My Lords, this amendment would require the Government to review the safety and affordability of workers travelling home after 11 pm and to make recommendations, including reviewing best practice. I note that some City firms already pay for workers to travel home.

This is based on work being done by the Scottish Trades Union Congress and the “Safe Home” worker-led initiative launched in 2018 by the Better Than Zero campaign and supported by Unite the Union and the Bakers, Food and Allied Workers Union. It was launched following a women in leadership course in which workers from the hospitality, fast food and retail sectors shared their frightening experiences of getting home after a late shift. They included sexual assault, verbal harassment, violence and stalking.

Large numbers of workers in these sectors are not able to get home safely. Your Lordships’ House is very well aware of how limited late-night public transport can be—perhaps more than we would like to be. We currently have nearly 9 million night-time workers, of whom 15% are in low-paid roles, compared to 10% of employees as a whole. When you take into account restaurants, pubs and entertainment activities, that rises to 38%. Low-paid workers, many of them female, finish work at 11 pm, midnight or 1 am. How do they get home? This is a modest and constructive amendment which seeks to say that, if you are working hours during which society does not provide the transport to get you home safely, your employer has the responsibility to do so. I beg to move.

--- Later in debate ---

[Lord Katz (Lab)]

My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for tabling Amendment 321. We recognise the concern underpinning the amendment and agree that workers finishing late at night should be able to travel home safely and affordably. We are aware that for some workers, particularly those in hospitality, healthcare and security, late shifts can pose challenges when public transport options are limited. We also acknowledge and welcome that some employers, including firms in the City of London, have taken proactive steps to support their staff with safe transport home.

While we do not believe that it is appropriate to legislate for a review at this time, I hope I can reassure your Lordships’ House that we are committed to supporting workers’ well-being and safety. That commitment is evident throughout the Bill. For example, as we discussed on the second day of Committee in early May—another opportunity for a history lesson, it seems so long ago—the Bill strengthens the right to request flexible working from day one of employment. This flexible working provision empowers workers and employers to agree working patterns that better suit individual circumstances, including, where appropriate and reasonable, avoiding late finishes. We are also taking steps to improve enforcement of existing rights and to ensure that employers meet their obligations to provide safe working conditions.

Although it is not the subject of this legislation, the Government are also committed to reviving, rejuvenating and investing in public transport, not least through the Bus Services (No. 2) Bill, the creation of GBR, improvements to rail services and the huge amounts being invested across the country, particularly in the north, in new transport projects, all of which will provide a greater level of options and service for not just people working late but those who want to enjoy the night-time economy and to use public transport more generally.

While we cannot support this amendment, we share the underlying concern and will continue to work to ensure that all workers are protected and supported. I therefore ask the noble Baroness, Lady Bennett, to withdraw her Amendment 321.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank those who have participated in this brief debate. I am glad that the noble Lord, Lord Sharpe of Epsom, and I can agree that there is an issue here and I thank the Minister for his response. I do not think that offering flexible working will really work with a pub or restaurant—that option will not be available. On public transport, for the workers affected, overwhelmingly we are talking not about grand infrastructure projects but local buses, which have been massively decimated over the last decade. None the less, the point has been made and I beg leave to withdraw the amendment.

Amendment 321 withdrawn.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Monday 14th July 2025 Lords Chamber

[Baroness Kramer (LD)]

My Lords, I am going to speak very briefly, because the noble Baroness, Lady Smith of Llanfaes, has given such an effective speech, which outlines the issue, and the hour is late.

When she first came forward with the proposal for the Health and Safety Executive, I thought, “My goodness, here is a body that could effectively deal with harassment and violence in the workplace, because it knows how to respond very quickly to situations that put people into an unsafe set of circumstances”. I suspect that, when the HSE was first put in place, sexual harassment and violence were probably considered somewhat acceptable, or they were domestic or private. They were certainly not something that an employer or workplace should be concerned about. Well, times have changed and we no longer look at it that way.

It is therefore entirely appropriate to update the HSE’s role to take on these issues. It is very easy to see how effective that organisation could be in closing down both harassment and violence. It is a respected organisation; people in a workplace know that it will act and it will enforce. Those kinds of behaviours make a great difference to the whole culture within the workplace. So I thought that this was an ingenious approach, which I very much want to back, because we all want to stop violence and harassment and here is a mechanism that does that with very little change to the existing organisational structures, but by giving power and responsibility to an organisation that has the capacity to deal with the problems effectively.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I will speak very briefly. It is a great pleasure to follow the noble Baroness, Lady Kramer, who very powerfully made the case for Amendment 48. I am going to focus on Amendment 47. The noble Baroness, Lady Smith of Llanfaes, has already made the case for that very powerfully, but I will add one very recent set of statistics to it.

The noble Baroness mentioned unions and, just last week, Unite put out a study that polled women across the 19 sectors of work that it covers. It found—these figures are truly shocking—that a quarter of respondents said that they had been sexually assaulted at work, in a workplace-related environment or on the way to and from work. Some 8% said that they had been a victim of sexual coercion at work. This is the sort of situation that was referred to by the noble Baroness, Lady Smith.

People are in insecure employment and zero-hours contracts, which the Government are doing something about—perhaps not quite enough but something. If you are in a situation where you desperately need those hours and the supervisor decides where on the rota you are and how many hours you will get, that puts the supervisor in an incredible position of power, which can and clearly is being abused.

What is really telling is that 56% of respondents said they had heard a sexually offensive joke at work and 55% had experienced unwanted gestures or sexual remarks. I am sure the government response will be to tell us that they are taking measures to react, but, crucially, Amendment 47 sets out a responsibility to prevent it happening.

This really needs to be regarded as a public health measure. We hear often in your Lordships’ Chamber about the issues around mental health and well-being and the problems we have in our society. If you are forced to keep going into a workplace that is actively hostile to you, with gender harassment and abuse, then that will be very bad for you and for the company. As a society, we should not tolerate it.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the noble Lords who have contributed to this debate, and in particular the noble Baroness, Lady Smith of Llanfaes, for introducing it. We must, of course, recognise that violence and harassment in the workplace are unacceptable in any form. It is also important to acknowledge that women, particularly in certain sectors, are often at greater risk and may face additional barriers to speaking out or seeking redress.

This amendment raises serious and pressing concerns about how we ensure that all workplaces are safe, inclusive and free from abuse. The call for more proactive duties on employers and greater involvement from the Health and Safety Executive is one approach to addressing these challenges. However, as with any proposed legislative change, it is right that we consider carefully the potential implications, including how such duties would be enforced, the capacity of the Health and Safety Executive, and how we balance existing legal protections with any new obligations we would place on employers. I am very interested to hear what the Minister has to say on this point, particularly with regard to how the Government see the role of regulation, guidance and support in preventing workplace violence and harassment.

In Amendment 47, my interest was piqued by subsection (3C) to be inserted by the proposed new clause, which refers to

“gender identities, including women and girls”.

That seems to me to stray dangerously on to Supreme Court territory, which, as I understand it, we have yet to hear the EHRC’s guidance on. It strikes me as a tad premature, but I am interested to hear what the Minister has to say on it.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 16th July 2025 Lords Chamber

This amendment aims to do just that. It prevents parents having to make the impossible choice between their child’s health and employment. Instead, it provides the financial support necessary to vulnerable parents in devastating situations. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise briefly to offer the strongest possible Green support for this amendment, and the support of many others who cannot be here today. The noble Baroness, Lady Grey-Thompson, has outlined the reasons for this amendment very clearly, and I am just going to make a couple of additional points.

In many cases, the ability of parents to be at their child’s bedside acting as an advocate is crucial to ensuring that the child gets the best possible medical treatment. There is a profound inequality here if financial circumstances prevent parents being at the bedside, giving doctors and other carers information about their child’s health and the child themselves.

This amendment would also enable the parent to maintain contact with the workplace. Rather than having to give up their job and deal with the mess later, there would be a continuing relationship that would hopefully work out for the best if the child comes home and things go back to something like normal.

I join the noble Baroness, Lady Grey-Thompson, in paying huge tribute to Ceri and Frances for the campaign they have run for Hugh’s law. As the noble Baroness said, this is very much a legacy. I have to say that I am very surprised, because this week the Government responded to a final plea to back it. I hope the Minister may be about to stand up and offer something different, but the email suggested that that is not what we are going to hear today.

The briefing from the Hugh’s law charity points out that, with GoFundMe, people have to appeal to the public to fund their support for their sick child, meaning that they have to expose their suffering and pain. Unless funds are strictly designated to pay for medical treatment, the parents are then not eligible for any of the later government assistance that the noble Baroness set out, such as universal credit. If they have money from the public to support them, that cuts off government support. That is not covered in this amendment but is something that the Government should look at to make sure that, if a family in deep distress receives donations, that should not stop them getting other support.

With those comments, I strongly support the amendment of the noble Baroness, Lady Grey-Thompson, and I know that many other Peers will, so I hope that we might hear something positive from the Government.

[Lord Wigley (PC)]

My Lords, I intervene briefly to thank the noble Baroness, Lady Grey-Thompson, for introducing the amendment. Anyone who heard the interview on Radio 4 this morning could not but have been moved by the circumstances that are the background to the amendment.

I speak as one who had the experience of losing two young children. At the age of two and three, our children, Alun and Geraint, were diagnosed with a life-terminating condition. It was the week in which the 1974 election had been called and my wife and I had to decide whether I should remain working in industry at Hoover in Merthyr Tydfil or to stand. The question was how on earth we were going to face the circumstances in which both our boys would live perhaps for five, 10 or 15 years, but one thing was certain: both my wife and I could not continue to work. Caring for two boys who had learning disabilities and were gradually able to walk less and less, until they could not walk at all, was an emotional as well as a physical and, potentially, a financial challenge, which is where the amendment is relevant.

We were unlucky, and the unluckiness was double, as I have described. My wife was also expecting our third child at the time and we did not know whether that child would be affected by this condition. Standing for election and being elected to represent Caernarfon in the House of Commons meant a 30% reduction in my salary. My wife, who was a professional musician—a harpist—would not be able to continue her career thereafter and would lose her earnings altogether. Had it not been for the availability of the then mobility allowance and attendance allowance, both of which it was possible to get at the highest level for both children, we would not have been able to employ someone to help us in order to give my wife some relief while I was down in London doing my work here.

That situation continued. We had two other children, our daughter Eluned, who was born in the June following that February—she was all right and was not affected by the condition—and our son Hywel, who was born two years later, was not affected by it. So we were blessed by having two children who were not affected. But we saw what the reality could be of the financial pressures that come from that double disability. If it had not been for my parents living next door—my father had just retired, on a good pension—we could not have survived. We were subsidised by my parents, who were retired and in their 60s, and, putting that together with the attendance allowance and the mobility allowance, we could eke the money out and make things practical.

I am telling your Lordships this by way of background—it is not something that I talk about very often in this House, but it is directly relevant to this amendment. There are countless families who face these circumstances without having the support that we were lucky enough to get. I am sure that people of all parties, across the House, want to build a system whereby no parents are put in a position where they cannot look after their child and keep enough money coming in to eke things out. I support the amendment and thank the noble Baroness, Lady Grey-Thompson, for bringing it forward. I wish the family who have been the motivation for this amendment every strength in the challenges that they face.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Monday 21st July 2025 Lords Chamber

Moved by

[Baroness Bennett of Manor Castle]

127A: After Clause 54, insert the following new Clause—
“Review of the extent and impact of pay inequality(1) The Secretary of State must conduct a review of the extent and impact of pay inequality, with particular regard to the highest level of pay in comparison with the median and lowest pay in an enterprise, in large enterprises.(2) The review must be carried out no later than 12 months after the day on which this Act is passed.(3) The Secretary of State must publish the findings of the review within three months of its completion.(4) Large enterprises are those exceeding the medium-sized companies threshold under the Companies Act 2006.”Member's explanatory statement
This new clause requires the Secretary of State to conduct and publish a review of the impact of pay inequality in large enterprises.

[Baroness Bennett of Manor Castle (GP)]

My Lords, Amendment 127A in my name is a milder attempt to deal with the pressing issue of pay inequality and soaring executive pay in our society than the amendment I tabled in Committee, which was to provide for a 10:1 maximum pay ratio for enterprises. I hope this one has a slightly less inflationary impact on the blood pressure of the noble Lord, Lord Hunt of Wirral, while dealing with the excessive boardroom remuneration referred to by the noble Lord, Lord Monks, two groups ago.

The amendment simply seeks to put in the Bill a review of the impact of pay inequality in large enterprises, as defined by the Companies Act 2006—those with net turnover of more than £54 million, assets of £27 million and more than 250 employees. I hope that the Government will seriously consider this approach. It is not my intention to put this to a vote, but I want to be helpful to the Government here and offer them some constructive ways forward.

The noble Lord, Lord Katz, in part made the argument for this amendment for me in Committee when he said that:

“It is right that companies should be sensitive to wider workforce pay when setting pay for those in the boardroom and other senior leadership positions”.—[Official Report, 24/6/25; col. 201.]


However, suggesting that companies be sensitive is not really going to do it. That seems to be the Government’s position. I noted that the Water Minister, Emma Hardy, on LBC this morning, urged water company bosses to “read the room” and refuse huge wage hikes. Well, the room has been sending a very clear message about water company bosses’ pay for a long time and the voluntary approach has simply not worked.

We are talking here about the right of lower-paid workers not to be disrespected—insulted—by the soaring pay in the boardroom while they struggle to meet their basic needs, pay their bills and put food on the table. This is action that clearly needs to be taken, not just words of gentle encouragement.

As I said in Committee, the security and catering company Mitie, with a 575:1 ratio between its top-paid employee and the median employee, and a large number of low-paid workers, tops the High Pay Centre’s FTSE 350 companies hall of shame. I note that this month, the Labour Party postponed a London drinks reception for north-west MPs sponsored by Mitie after a backlash over the company’s employment practices. Unison had planned to picket the event. You have to question why it was ever planned in the first place.

A review such as the one proposed in the amendment could be a start towards the Labour Government generating policies such as those recommended by the High Pay Centre in its useful list of proposals—I recommend it to Ministers as a crib sheet, since the current Government were elected with so few policies of their own in place—such as all-employee profit-sharing or share ownership schemes. As the centre notes:

“One of the reasons why … the pay ratios between workers and CEOs are so wide is that CEOs receive large share-based payments in addition to their regular salary while workers do not … In France all companies are required to share an element of profits exceeding a set amount calculated using factors including taxable profits, net equity, wages and added value with their workforce”.


This has actually reduced inequality.

Another timely proposal from the centre, which again a review might throw up, is a cap on CEO-to-worker pay gaps for public service providers, such as water companies—here we have another way forward—or social care providers. The claim made by the noble Lord, Lord Katz, in Committee, that high pay means

“companies can compete for the best business talent in the UK and globally”,—[Official Report, 24/6/25; col. 202.]

certainly does not stack up in the water sector, if one looks at its outcomes. Fat cat pay has delivered only underinvestment, pollution and ill health for those unfortunate enough to have to rely on the services of the privatised companies.

Finally, I note that, responding to the call for even higher executive pay from the UK capital markets task force—drawn from the City of London and big business—a letter written by 20 leading academics specialising in executive pay, corporate governance and economic inequality made a number of points, including that there is a very “questionable” link between

“higher executive pay and better business performance”,

that any claim that there is a

“shortage of capable candidates for executive roles should … prompt scrutiny of companies’ leadership training and development processes”,

and that the “opportunity costs” of high top pay have impacts

“in terms of … pay for low and middle income workers or investment in the business”.

It is interesting that polling by the High Pay Centre suggests that the overwhelming majority of the public think that CEOs should not be paid more than 20 times more than their typical employee. If the Government want to consider the politics of this, I point to the conclusions in the report, The Spirit Level at 15, by Professors Kate Pickett and Richard Wilkinson, which articulates many of the ways in which inequality strengthens far-right politics. Executive pay is only part of that story, but it is a very visible part. This amendment offers the Government a way forward to start to tackle that political problem, as well as the economic and social issues. I beg to move.

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for tabling Amendment 127A. Although it rightly raises the important issue of pay inequality, it effectively duplicates a review process that we are already undertaking.

It is undeniable that average salaries have stagnated. In fact, they have barely increased from where they were 15 years ago. Had wages continued to grow at the rate seen prior to the 2008 financial crisis, the average worker would now be over 40% better off. This is not just about stagnant wages; it is about persistent and deep-rooted inequalities.

The UK’s income inequality remains above both the OECD and G7 averages. In the financial year 2022-23, the richest 20% of the population received 44% of the UK’s gross income, while the poorest 20% received just 7%. The OECD has noted that higher inequality can lead to underinvestment in human capital and slower adoption of new technologies. It estimates that rising inequality between 1990 and 2010 resulted in UK output being nearly nine percentage points lower than it might otherwise have been.

As I said on day 2 on Report, in one of the world’s wealthiest nations, workers are still turning to food banks. Many cannot afford rent, let alone a mortgage. Morale is at rock bottom and motivation is vanishing. The noble Baroness is right: executive pay keeps climbing. In 2023 the average FTSE 100 CEO earned 118 times more than the median UK worker, up from 50 times in the late 1990s. This is not sustainable or fair.

The UK exhibits greater regional disparities in productivity, pay, educational attainment and health than many other developed nations. This Bill, by benefiting lower-paid employees most, will help reduce these disparities, not only in terms of income but in the quality of work experienced. Supporting this, analysis published in 2019 by the World Bank found that employment protections can play a significant role in reducing income inequality.

As I have previously outlined, we already have robust monitoring and evaluation mechanisms in place. By reinforcing the framework that supports our workforce, we are making work more secure and predictable. We are also putting more money into the pockets of working people by making wages fairer. I therefore respectfully ask the noble Baroness, Lady Bennett of Manor Castle, to withdraw Amendment 127A.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for his answer, although I have to express disappointment that none of the other Front Benches wanted to engage with the issue of high pay. The Minister very much acknowledged the issues around low pay and talked about robust monitoring and evaluation of high pay, but he did not speak about any action on it nor even about any plans for action on it. We have a real problem with the inequality that has seen those executives’ salaries—those fat cat salaries—rise and rise. As I said in my introductory remarks, there is an opportunity cost where those resources are going to that, as well as, of course, the sense in society that there is a deep unfairness and the Government are not doing anything about it.

I remain disappointed. This is certainly an issue that I and the Green Party will continue to work on but, in the meantime, I beg leave to withdraw the amendment.

Amendment 127A withdrawn.

Employment Rights Bill

Baroness Bennett of Manor Castle Excerpts

Report stage
Wednesday 23rd July 2025 Lords Chamber

Moved by

[Baroness Bennett of Manor Castle]

184B: After Clause 150, insert the following new Clause—
“Review of the impact of high temperatures on workplace health and safetyWithin 12 months of the day on which this Act is passed, the Secretary of State must publish a review of the impact of increasing temperatures on workplace health and safety.”Member’s explanatory statement
This amendment seeks to ensure the Government is considering the impact of increasing temperatures due to climate change on the safety and health of workers.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, aware of the hour, I begin with a promise that I will not test the opinion of the House, although I am afraid that I cannot speak, of course, for the numbered amendments after this one.

Just to explain very briefly—it is fairly self-evident—my amendment calls for a new clause to review the impact of high temperatures on workplace health and safety. Of course, this is in consideration of the rising issue that this presents for the rights of workers in the climate emergency. I did not table a comparable amendment in Committee. I tried to table a broader amendment which was ruled out of scope and I never managed to get back to it, but I feel it is really important to bring this amendment here today, in light of events between Committee and Report.

Noble Lords may be aware of a novel by Kim Stanley Robinson called The Ministry for the Future, which features a mass mortality event as a result of extraordinary high temperatures and humidity. If we ever get to that stage in Britain, we will be beyond deep trouble. None the less, what we have just experienced at the end of June is what one expert described as a “quietly devastating” heatwave across Europe, which killed 2,300 people in 12 major cities and, it is estimated, will have caused several hundred deaths in London alone. The climate emergency means that, through that period, the temperatures were four degrees higher than they would have been otherwise, and one of the important things that has happened is that we have seen a large increase in so-called tropical nights, when the temperature does not drop below 20 degrees centigrade, people struggle to rest and that then has a cumulative effect on workers’ health.

We have not just seen the heatwave. We have also seen the TUC launch a large-scale, serious campaign to ask the Government to look at this and, in fact, to go further and set a maximum working temperature. It is worth stressing that, unlike other countries such as Spain—which might not surprise noble Lords—and Germany, we do not have a maximum working temperature. There is an obligation on employers to provide a safe workplace, but without that maximum temperature, and with circumstances arising that neither workers nor employers have encountered before, we really need to set some guard-rails for the safety of workers.

The TUC did a recent study on this and produced some horrifying examples, starting with what is happening in schoolrooms. It surveyed almost 6,000 teachers; some 94% reported they worked in excessively high temperatures during the summer, with 42% doing so regularly. A union rep reported on 27 telephone exchanges, in which the highest temperature was 36 degrees centigrade. A chicken factory reported high temperatures leading to incidents of tiredness and dizziness in a place where there was a lot of hard physical activity—that sounds like hell. In tissue culture and virology rooms, the temperature was 32 degrees and the room was full of ethanol fumes, which is another issue all to itself.

I am acutely aware of the hour, but I hope I will hear from the Minister that this is something that the Government will look at very seriously and consider the TUC’s call for a maximum temperature. That would obviously vary according to the circumstances. When we think about working outside, we have the issue of sun exposure, which also has longer-term risks for health and skin cancer, et cetera. I hope that I will hear something positive from the Minister and that the Government will take this seriously, listen to what the TUC is saying, acknowledge that the climate emergency is making this a fast-rising problem and take action. I beg to move.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for her response. The problem is that words such as “reasonable” and “assessed risk” refer to what may happen in well-regulated, well-controlled workplaces; in contrast, it is the most vulnerable workers who are the most vulnerable to that not happening. However, many of the cases I cited were very mainstream workplaces, such as schools.

As promised, I will withdraw my amendment. Before doing so, I finish with an apology to the staff. We should give thanks to them for supporting us right through the Bill and throughout all the time it has taken. I also note that we should think about the impact of heat on their health and well-being in our workplace. We might want to think, as employers ourselves, about what reasonable adjustments we might need to make for them, as the temperatures in this workplace change. I beg leave to withdraw the amendment.

Amendment 184B withdrawn.