Employment Rights Bill

Baroness Goudie Excerpts

Report stage
Monday 14th July 2025 Lords Chamber

[Lord Cromwell (CB)]

I will speak very briefly on the three amendments. I am very grateful to the noble Baroness, Lady O’Grady, for namechecking me among the illustrious supporters.

First, on government Amendment 46, I have been going on about NDAs and whistleblowers for a long time over the years and it is great to finally get to a day where we have legislation that is actually gripping it. I agree with the reservations of the noble Baroness, Lady Kramer, about it applying to workers only—but, my goodness, this is a substantial beachhead into a problem that is long overdue for settlement.

I support Amendment 96. The unfair dismissal aspect is so obvious that I do not think it needs any words from me. In particular, I am interested in supporting the duty to investigate side of it. I often say that Parliament loves to make laws and then never resources the enforcement of them. Organisations love to make policies about whistleblowing—to coin a phrase, “big, beautiful policies” about whistleblowing. The trouble is that, when it comes to somebody actually trying to whistleblow in practice, the reception is very often the three Ds: delay, dismiss and deny.

This amendment gives the opportunity to remove something that is not only unfair to the individual employee but is corrosive of business efficiency and a betrayal of investors’ interests in whatever the business or organisation is. I remind the House that whistleblowing is not just about sexual harassment, vitally important though that aspect is. It can be about criminality of a whole range of kinds which, if not revealed, is very corrosive to business and damaging to investors, who take a keener interest than some people realise in whistleblowers. To bring a duty to investigate will be a great step towards resisting the temptation and ability to cover up issues brought up by whistleblowers.

Finally, on Amendment 95, the noble Baroness, Lady Kramer, has very long championed the office of the whistleblower. For all the reasons we have discussed tonight, it is of benefit to whistleblowers and organisations to have this office put in place. There is such a lot of work to do in terms of their knowledge and support, with so much need out there. I do not think I need say any more; I am just very happy to once more support the enthusiasm of the noble Baroness, Lady Kramer, for the office of the whistleblower.

[Baroness Goudie (Lab)]

I very much thank the Minister and her officers for all the time they have given us over the last year in being able to get this clause on the statutes tonight. I also thank my colleagues in the other place, in particular Lou Haigh and the Deputy Prime Minister, Angela Rayner, for the work they have done and encouragement they have given us in this House to continue with the campaign.

I also thank the Diversity Project and Zelda Perkins’s group for their work with us over a longer time than we have today. Non-disclosure agreements need to be properly regulated and not permitted to continue in the way they have been, with their chilling effects.

This is especially so when the disclosure ban applies to the context of an employee and an employer and relates to harassment, bullying or discrimination, including impartiality and sexual harassment, which is one of the worst things that can happen to anybody and ruins their life completely. I am really grateful to everybody who has been kind enough to work with me over these months and years.

[Baroness Ramsey of Wall Heath (Lab)]

My Lords, I speak on behalf of my noble friend Lady Kennedy, who, due to recent surgery, cannot be here this evening, but also on behalf of other women around the House, all of whom have pressed for amendments on the issue of NDAs being used to silence women who experience sexual harassment in the workplace.

I know that my noble friend Lady Kennedy worked closely with the courageous Zelda Perkins on her campaign to change the law. We all want to pay tribute to our noble friend the Minister for the vital role that she has played in bringing the Government on board to change the law with the amendments—our warm congratulations to the Minister.