Employment Rights Bill

Baroness O'Grady of Upper Holloway Excerpts

Committee stage
Tuesday 13th May 2025 Lords Chamber

[Lord Gascoigne (Con)]

My Lords, I support Amendment 127 from my noble friend Lady Penn. I declare an interest—which I am increasingly discovering to be a growing financial interest—in the form of my two daughters, who are the most precious things to me.

I confess that I am glad that it is my noble friend Lady Penn who is leading the charge on this amendment, and the noble Baroness, Lady Lister, leading the group. I rise with some trepidation. I am not alone in being conscious that, in speaking to this amendment, as a man I am putting myself slightly in the firing line by somehow implying that a man should have exactly the same as the woman who has just carried and given birth to the child. As has been said, this is not about more rights for the man. It is more than that. It is about ensuring a dad can be at home to play their part for the child and, crucially, be there for the mum.

I am lucky and immensely grateful that, on both occasions when my wife gave birth to our children, I had two supportive bosses, one of whom I am delighted to say is still my boss, in the form of the Opposition Chief Whip. When the time came, my noble friend worked to give me the support and time I wanted to be with my family. When I was in the Government Whips’ Office, I worked with colleagues—two of whom I am pleased to see here, in the form of the noble Lords, Lord Evans and Lord Harlech—to ensure that we all got the time at home that we wanted, especially me. This is not unique, but I was lucky: lucky that it was offered, lucky that it was an open dialogue, lucky that I could ask for what I would like without recourse and was completely understood, and lucky that the support extended beyond the time I was at home. I was also lucky that my child was healthy and lucky that I had my in-laws around to help out.

Like so many in the country, I wanted to be at home to help, but also to share those early moments—the precious moments in a young child’s life that were mentioned earlier. I was there to help, tidy, ferry, feed, give cover and support my wife, who was recovering after surgery. To explain my personal circumstances, both of my children’s births were not simple. The first required emergency surgery, and then a return to hospital for another stay a week after coming home. Our second child’s birth was also complicated. Despite being a planned caesarean, the surgery did not go well and it required weeks of hospital visits. There is no way at all that my wife, on her return, could have looked after a newborn child, never mind our eldest or, indeed, herself.

I say this not for sympathy, or to suggest that I am special or unique, or deserve better support than others. General statistics show that, on average, a labour can last up to 18 hours. While around 46% of women who give birth in England spend one day in postnatal care, around 40% of women spend two days or more. Caesareans have increased over the last decade, amounting to over 40% of births. It is worth reflecting that the advice on caesareans is that for weeks the mother should not lift anything heavier than her own baby.

Not everyone is able to have a wider family network to rally in support. While I was lucky that I had support at work, some are not so lucky. They do not have a choice and have to return to work sooner than they would like to, as the noble Baroness, Lady Smith, said. Indeed, I read online that one dad was back at work 24 hours after their child was born.

I am a realist and I know that money does not grow on trees, and many businesses are already providing longer and better parental leave. Some may say that they have concerns about the impact on business and the economy, and I will not comment on the Bill as a whole, but it is obviously right that each and every day we should be supporting and helping businesses to grow—they pay the taxes and employ people.

Research shows that three-quarters of employers who offer extended leave see an increase in productivity and engagement, and almost 100% of fathers said flexibility is a deal breaker when looking for employment. As my noble friend Lady Penn said earlier, extended leave is good for parents, so that they can help and support one another; it is good for the child, to ensure that support is there for them, and to build bonds as part of a new unit; and it is good for forming another special bond, the one between employer and employee. I hope that all noble Lords, especially in my own party, recognise the merits of this amendment as something that is good for both business and families.

[Baroness O'Grady of Upper Holloway (Lab)]

My Lords, I will speak very, very briefly. It is heartening to hear support for the amendments in this group right across the House. I will speak in particular to those from the noble Baronesses, Lady Lister and Lady Penn. I have already shared with the noble Baroness, Lady Penn, that, when I was at the TUC, I very, very vividly remember having conversations with young men who were working as riders and delivery drivers, and they really, really wanted to be good dads. They had young babies and children, and what was most important to them—and I hope others will reflect this in paying attention to how we make working families’ lives better—was predictability of shifts and guaranteed hours, so they would know how much money they could earn, but they also wanted paid paternity leave.

To keep this really, really brief, I have a couple of questions for my noble friend the Minister before she responds. First, can we accept that the starting point for a review would be to recognise that, compared with other countries, the UK is so ungenerous in its paid paternity leave? We do not need a huge review to know that; it is our starting point. If we are to move into the 21st century, we also need to recognise that new dads from all sorts of backgrounds want time to bond with their babies and be involved more equally in their care. Secondly, will this review focus specifically on paid paternity leave, working from the simple premise that, unless it is paid, there are whole swathes of new dads who simply cannot afford to take it?

I have been encouraged by the discussion around the House. I think there is a cross-party consensus that we all want to see new dads having that opportunity. We all know it will bring benefits for women—including closing the gender pay gap—and opportunities for children to have a better life, too.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lady Penn for her very thoughtful amendments in this group. I acknowledge the valuable contributions from all noble Lords, in particular the noble Baroness, Lady Lister, for introducing her amendments, and the noble Lord, Lord Palmer of Childs Hill, for introducing his amendments and, perhaps more importantly, reminding the House of the Conservative-led coalition Government’s work in this area—although I note that he did not heap praise on the then Secretary of State for Work and Pensions, my right honourable friend Iain Duncan Smith.

We fully recognise and support the intention behind these proposals, which is to strengthen support for families and in particular to enhance the role of paternity leave in allowing fathers to spend essential early time with their children. This is a laudable aim that clearly finds broad sympathy across the House.

However, while the objective is clear and commendable, we must also consider the practical implications of how such policies are implemented, particularly in relation to the impact on businesses. Many employers, large and small, continue to face significant challenges in the current economic climate, as we have discussed at length this evening. The introduction of new requirements, even when limited to large employers, must be approached with caution and care, and I acknowledge that my noble friend Lady Penn addressed many of those concerns directly in her speech.

As for the reporting obligations set out in Amendment 128, tabled by my noble friend, these would apply to businesses with 250 employees or more. While this threshold helps to focus the requirement on larger organisations, we should still be mindful of the potential administrative and financial burdens such reporting could entail. Even within that category, resources vary significantly, and not all may be equally equipped to take on new reporting functions—a point that was addressed by my noble friends Lord Bailey and Lord Ashcombe. That said, transparency and data collection can play a valuable role in shaping effective policy. If it can be clearly demonstrated that these measures would bring mutual benefits, improving employee well-being and retention, for example, without imposing disproportionate costs or complexity on employers, it is certainly something that we should be prepared to consider further.

Ultimately, we have to strike the right balance, ensuring meaningful support for families while safeguarding the viability and flexibility of the businesses that employ them. That is the lens through which we should view not just this amendment but the broader provisions of the Bill.