“Chapter 4A

Caroline Nokes Excerpts

Tuesday 11th March 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Caroline Nokes)]

With this it will be convenient to discuss the following:

Government new clause 33—Collective agreements: contracting out.

Government new clause 34—Collective redundancy consultation: protected period.

Government new clause 35—Duty to keep records relating to annual leave.

Government new clause 36—Extension of regulation of employment businesses.

Government new clause 37—Power to establish Social Care Negotiating Body.

Government new clause 38—Agency workers who are not otherwise “workers”.

New clause 1—Domestic abuse victims’ leave—

“(1) Within twelve months of the passage of this Act, the Secretary of State must make regulations entitling a worker who is a victim of domestic abuse to be absent from work on leave under this section.

(2) For the purposes of this section, “domestic abuse” is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.

(3) The regulations must include provision for determining—

(a) the extent of a worker's entitlement to leave under this section; and

(b) when leave under this section may be taken.

(4) Provision under subsection (3)(a) must secure that, where a worker is entitled to take leave under this section, that worker is entitled to―

(a) at least ten working days’ leave; and

(b) the benefit of the terms and conditions of employment which would have applied but for the absence.

(5) The regulations may―

(a) make provision about how leave under this section is to be taken;

(b) make different provision for different cases or circumstances; and

(c) make consequential provision.”

This new clause would require the Secretary of State to provide for statutory leave for victims of domestic abuse, with regulations providing for a minimum of ten days’ leave.

New clause 2—Domestic abuse: right not to suffer detriment—

“In Part V of the Employment Rights Act 1996 (Rights not to suffer detriment), after section 47G, insert new section 47H—

‘Domestic abuse

(1) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by their employer done on the ground that the worker has been, or is suspected to have been―

(a) a victim of domestic abuse; or

(b) affected directly by domestic abuse.

(2) For the purposes of this section, “domestic abuse” is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.’”

This new clause would amend the Employment Rights Act 1996 to protect workers from adverse treatment on the grounds that they are, or are suspected to be, a person affected by domestic abuse.

New clause 3—Dismissal for reasons related to domestic abuse—

“In Part 10 of the Employment Rights Act 1996, after section 99, insert—

‘99B Domestic abuse

(1) A worker who is dismissed shall be regarded for the purposes of this Part as having been unfairly dismissed if the reason for the dismissal is that the worker has been, or is suspected to have been―

(a) a victim of domestic abuse; or

(b) affected directly by domestic abuse.

(2) For the purposes of this section, “domestic abuse” is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.’”

This new clause would amend the Employment Rights Act 1996 to protect workers from dismissal on the grounds that they are, or are suspected to be, a victim or a person affected by domestic abuse.

New clause 4—Employers to take all reasonable steps to prevent domestic abuse—

“After section 40A of the Equality Act 2010 (employer duty to prevent sexual harassment of workers), insert—

‘40B Employer duty to prevent workers from experiencing domestic abuse

(1) An employer (A) must take all reasonable steps to prevent their workers from experiencing domestic abuse in the course of their employment.

(2) For the purposes of this section, “domestic abuse” is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.’”

This new clause would require employers to take all reasonable steps to prevent their workers from experiencing domestic abuse.

New clause 5—Employers to take all reasonable steps to prevent domestic abuse (contract workers)—

“After section 41 of the Equality Act 2010 (contract workers), insert—

‘41A Employer duty to prevent workers from experiencing domestic abuse

(1) An employer (A) must take all reasonable steps to prevent a contract worker working for or on behalf of (A) from experiencing domestic abuse in the course of their engagement.

(2) For the purposes of this section, “domestic abuse” is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.’”

This new clause would require employers to take all reasonable steps to prevent contract workers from experiencing domestic abuse.

New clause 6—Workplace contravention of Equality Act: obtaining information—

“(1) In this section—

(a) P is a worker who thinks that a contravention of the Equality Act 2010 has occurred in relation to P’s employment or working practices;

(b) R is P’s employer and P thinks that R is responsible for the contravention mentioned in paragraph (a).

(2) A Minister of the Crown must by order prescribe—

(a) forms by which P may question R on any matter which is or may be relevant to subsection (1);

(b) forms by which R may answer questions by P.

(3) A question by P or an answer by R is admissible as evidence in proceedings under this Act (whether or not the question or answer is contained in a prescribed form).

(4) A court or tribunal may draw an inference from—

(a) a failure by R to answer a question by P before the end of the period of 8 weeks beginning with the day on which the question is served;

(b) an evasive or equivocal answer.

(5) Subsection (4) does not apply if—

(a) R reasonably asserts that to have answered differently or at all might have prejudiced a criminal matter;

(b) R reasonably asserts that to have answered differently or at all would have revealed the reason for not commencing or not continuing criminal proceedings;

(c) R’s answer is of a kind specified for the purposes of this paragraph by order of a Minister of the Crown;

(d) R’s answer is given in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown;

(e) R’s failure to answer occurs in circumstances specified for the purposes of this paragraph by order of a Minister of the Crown.

(6) The reference to a contravention of the Equality Act 2010 includes a reference to a breach of an equality clause or rule, insofar as it relates to employment or working practices.

(7) A Minister of the Crown may by order—

(a) prescribe the period within which a question must be served to be admissible under subsection (3);

(b) prescribe the manner in which a question by P, or an answer by R, may be served.

(8) This section—

(a) does not affect any other enactment or rule of law relating to interim or preliminary matters in proceedings before a county court, the sheriff or an employment tribunal, and

(b) has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.”

This new clause would reintroduce, for workers in relation to employers, the right to statutory Discrimination Questionnaires pursuant to the Equality Act 2010 regarding age, disability, sex, race, sexual orientation, pregnancy and maternity, gender reassignment, religion or belief and marriage and civil partnership discrimination.

New clause 7—Protected paternity or parental partner leave—

“(1) Within six months of the passage of this Act, the Secretary of State must consult on the introduction of protected paternity or parental partner leave for all employees.

(2) A consultation under subsection (1) must consider―

(a) the minimum duration for a period of protected paternity or parental partner leave;

(b) how best to ensure that protected paternity or parental partner leave is protected, non-transferable and does not result in discrimination against the employee taking that leave;

(c) how best to ensure that protected paternity or parental partner leave reduces the risk of employees experiencing discrimination as a result of being eligible for ordinary maternity leave; and

(d) the extent to which the costs to employers of protected paternity or parental partner leave should be reimbursed, in full or in part, and the manner in which this should be achieved.

(3) Following a consultation under subsection (2), within twelve months of commencing the consultation, the Secretary of State must by regulations―

(a) introduce protected paternity or parental partner leave, ensuring that it is paid, protected and non-transferable;

(b) define the length of any period of protected paternity or parental partner leave under subsection (3)(a); and

(c) make provision for any other matters the Secretary of State considers relevant to the matters under subsections (3)(a) and (3)(b).

(4) For the purposes of this section—

(a) “protected” leave means leave during which an employer must not permit an employee who satisfies prescribed conditions to work; and

(b) “parental partner leave” means leave taken for the purposes of caring for a child, with the exception of maternity leave taken under sections 71 to 73 of the Employment Rights Act 1996.

(5) For the purposes of subsections (2)(b) and (2)(c), “discrimination” is defined according to sections 13 to 19 of the Equality Act 2010.”

This new clause would require the Secretary of State to consult on a period of protected paternity or parental partner leave, and require them to introduce protected paternity or parental partner leave by regulations at a subsequent date.

New clause 10—Carer’s leave: remuneration—

“(1) In section 80K of the Employment Rights Act 1996, omit subsection (3) and insert—

“(3) In subsection (1)(a), “terms and conditions of employment” includes—

(a) matters connected with an employee’s employment whether or not they arise under the contract of employment, and

(b) terms and conditions about remuneration.””

This new clause would make Carer’s Leave a paid entitlement.

New clause 12—Rates of statutory maternity pay, etc—

“(1) In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£184.03” substitute “£368.06”.

(2) In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002—

(a) in regulation 2(a) (weekly rate of payment of statutory paternity pay) for “£184.03” substitute “£368.06”; and

(b) in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£184.03” substitute “£368.06”.

(3) In regulation 40(1)(a) of the Statutory Shared Parental Pay (General) Regulations 2014 (weekly rate of payment of statutory shared parental pay) for “£184.03” substitute “£368.06”.

(4) In regulation 20(1)(a) of the Statutory Parental Bereavement Pay (General) Regulations 2020 (weekly rate of payment) for “£184.03” substitute “£368.06”.”

This new clause sets out rates of Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay.

New clause 13—Publication of information about parental leave policies: regulations—

“(1) The Secretary of State must make regulations to require any employer with more than 250 employees to publish information on the internet about the employer’s policies on parental leave and pay for parental leave.

(2) Regulations under subsection (1) must be published within one year of this Act being passed.

(3) Regulations under this section are subject to the affirmative regulation procedure.”

This new clause would require companies with more than 250 employees to publish information about their parental leave and pay policies.

New clause 14—Entitlement to paternity leave—

“(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 80A (entitlement to paternity leave: birth)—

(a) in subsection (3), for “two” substitute “six”,

(b) in subsection (4), for “56 days” substitute “52 weeks”.

(3) In section 80B (entitlement to paternity leave: adoption)—

(a) in subsection (3), for “two” substitute “six”

(b) in subsection (4), for “56 days” substitute “52 weeks”.”

This new clause sets out an entitlement to paternity leave.

New clause 15—Whistleblowers: protected disclosures—

“In Part X of the Employment Rights Act 1996, for section 103A, substitute—

“103A Protected disclosure

An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or one of the reasons) for the dismissal is that the employee made a protected disclosure.””

This new clause would slightly extend the circumstances in which an employee is considered as unfairly dismissed after making a protected disclosure.

New clause 16—Adoption pay: self-employed persons—

“(1) Within six months of the passage of this Act, the Secretary of State must by regulations enable statutory adoption pay to be payable to persons who are—

(a) self-employed, or

(b) contractors.

(2) For the purposes of subsection (1), the meaning of “self-employed” and “contractors” shall be set out in regulations under this section.”

This new clause extends statutory adoption pay to the self-employed and contractors.

New clause 17—Meaning of “kinship care”—

“(1) This section defines “kinship care” for the purposes of sections 80EF to 80EI of the Employment Rights Act 1996 (inserted by section (Kinship care leave) of this Act).

(2) Kinship care describes an arrangement where a child is raised by a friend, relative or extended family member other than a parent.

(3) Subsections (4) to (9) set out the arrangements that are recognised as being types of kinship care.

(4) An arrangement where a child is adopted (within the meaning of Chapter 4 of the Adoption and Children Act 2002) by a friend, relative or extended family member (“kinship adoption”).

(5) An arrangement where—

(a) a child is looked after by a local authority (within the meaning of section 22 of the Children Act 1989), and

(b) a friend, relative or extended family member of that child is approved by the local authority to be a foster carer for that child (“kinship foster care”).

(6) An arrangement created by a special guardianship order pursuant to section 14A of the Children Act 1989 (“special guardianship”).

(7) An arrangement created by a child arrangements order pursuant to section 8 of the Children Act 1989 where the court orders that a child is to live predominantly with a friend, relative or extended family member of that child (“kinship child arrangement”).

(8) An arrangement where a child is fostered privately (within the meaning of section 66 of the Children Act 1989) by a friend or extended family member (“private fostering arrangement”).

(9) Any other arrangement where a child is cared for, and provided with accommodation in their own home—

(a) by a relative of the child, other than—

(i) a parent of the child; or

(ii) a person who is not a parent of the child but who has parental responsibility for the child; and

(b) where the arrangement has lasted, or is intended to last, for at least 28 days (“private family arrangement”).”

This new clause is subsequent to the new clause about kinship care leave.

New clause 18—Kinship care leave—

“(1) The Employment Rights Act 1996 is amended as follows.

(2) After section 80EE insert—

“Chapter 5

Kinship care leave

80EF Kinship care leave

(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section if the employee satisfies conditions specified in the regulations as to an eligible kinship care arrangement with a child.

(2) The regulations must include provision for determining—

(a) the extent of an employee’s entitlement to leave under this section in respect of a child;

(b) when leave under this section may be taken.

(3) Provision under subsection (2)(a) must secure that—

(a) where only one employee is entitled to leave under this section in respect of a given child, the employee is entitled to at least 52 weeks’ leave;

(b) where more than one employee is entitled to leave under this section in respect of the same child, those employees are entitled to share at least 52 weeks’ leave between them.

(4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—

(a) at least one year, and

(b) until the child being cared for attains the age of 18.

(5) For the purposes of this Chapter, “eligible kinship care arrangement” means—

(a) special guardianship,

(b) a kinship child arrangement,

(c) a private fostering arrangement, or

(d) a private family arrangement

within the meaning given by section [Meaning of ‘kinship care’] of the Employment Rights Act 2024.

(6) The regulations may make provision about how leave under this section is to be taken.

(7) In this section—

(a) “special guardianship”, “kinship child arrangement”, “private fostering arrangement” and “private family arrangement” have the same meanings as in section [Meaning of ‘kinship care’] of the Employment Rights Act 2024.

(b) “week” means any period of seven days.

80EG Rights during and after kinship care leave

(1) Regulations under section 80EF must provide—

(a) that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied but for the absence,

(b) that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

(c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80EH.

(2) The reference in subsection (1)(c) to absence on leave under section 80EF includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

(a) maternity leave,

(b) paternity leave,

(c) adoption leave,

(d) shared parental leave,

(e) parental leave,

(f) parental bereavement leave.

(3) In subsection (1)(a), “terms and conditions of employment”—

(a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, but

(b) does not include terms and conditions about remuneration.

(4) Regulations under section 80EF may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(5) Regulations under section 80EF may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

80EH Special cases

(1) Regulations under section 80EF may make provision about—

(a) redundancy during or after a period of leave under that section, or

(b) dismissal (other than by reason of redundancy) during a period of leave under that section.

(2) Provision by virtue of subsection (1) may include—

(a) provision requiring an employer to offer alternative employment;

(b) provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

80EI Chapter 5: supplemental

(1) Regulations under section 80EF may—

(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;

(b) make provision requiring employers or employees to keep records;

(c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(e) make special provision for cases where an employee has a right which corresponds to a right under section80EF and which arises under the person’s contract of employment or otherwise;

(f) make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under section 80EF;

(g) make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80EF;

(h) make different provision for different cases or circumstances;

(i) make consequential provision.

(2) The cases or circumstances mentioned in subsection (1)(h) include—

(a) more than one child being subject to the same eligible kinship care arrangement, and

(b) a child being subject to an eligible kinship care arrangement on two or more separate occasions, and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.

(3) The Secretary of State may by regulations make provision for some or all of a period of kinship care leave to be paid.””

This new clause sets out an entitlement to kinship care leave.

New clause 20—Duty to prevent violence and harassment in the workplace—

“(1) Section 2 of the Health and Safety at Work etc. Act 1974 is amended as follows.

(2) After subsection (2)(e) insert—

‘(f) the adoption of proactive and preventative measures to protect all persons working in their workplace from violence and harassment, including—

(i) gender-based violence;

(ii) sexual harassment;

(iii) psychological and emotional abuse;

(iv) physical and sexual abuse;

(v) stalking and harassment, including online harassment;

(vi) threats of violence.’

(3) After subsection (3) insert—

‘(3A) It shall be the duty of every employer to prepare, and as often as may be appropriate revise, an assessment to identify potential risks of violence and harassment in the workplace and implement policies and procedures to eliminate these risks so far as is reasonably practicable.

(3B) It shall be the duty of every employer to provide training to all employees on recognising and preventing violence and harassment in the workplace, with a focus on gender-responsive approaches.

(3C) In subsection (3B) a “gender-responsive approach” means taking into account the various needs, interests, and experiences of people of different gender identities, including women and girls, when designing and implementing policies and procedures.

(3D) In this section, “persons working in the workplace” includes—

(a) employees;

(b) full-time, part-time, and temporary workers; and

(c) interns and apprentices.

(3E) In subsection (2)(f) and subsections (3A) and (3B), a reference to the workplace includes remote and hybrid work environments.’”

This new clause will amend the Health and Safety at Work etc. Act 1974 to place a duty on employers to protect all those working in their workplace from gender-based violence and harassment.

New clause 21—Expanded duties of the Health and Safety Executive—

“In the Health and Safety at Work etc. Act 1974, after section 11 (functions of the Executive) insert—

‘11ZA Duties of the Executive: health and safety framework on violence and harassment

(1) It shall be the duty of the Executive to develop, publish and as often as may be appropriate revise a health and safety framework on violence and harassment in the workplace.

(2) This framework shall include specific provisions relating to—

(a) the prevention of gender-based violence and harassment of those in the workplace including the prevention of physical, emotional, and psychological abuse;

(b) the duty of employers to create safe and inclusive workplaces and the preventative measures they must adopt; and

(c) the use of monitoring and enforcement mechanisms to ensure compliance with the duty of the employer in relation to violence and harassment (see section 2(2)(f)).

(3) The Executive shall work with other relevant bodies, including the Equality and Human Rights Commission and law enforcement agencies, to develop and revise this framework.

11ZB Duties of the Executive: guidance for employers

The Executive shall, in consultation with such other persons as it considers to be relevant, issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace by—

(a) implementing workplace policies to prevent violence and harassment;

(b) establishing confidential reporting mechanisms to allow victims to report incidents;

(c) conducting risk assessments and ensuring compliance with the health and safety framework (see section 11ZA);

(d) reporting and addressing incidents of violence and harassment; and

(e) supporting victims of violence and harassment, including making accommodations in the workplace to support such victims.’”

This new clause will create a duty on the Health and Safety Executive to develop a health and safety framework on violence and harassment and to issue guidance for employers about the protection of those facing violence and harassment on the basis of gender in the workplace.

New clause 22—Duty of employer to prepare domestic abuse policy—

“(1) It is the duty of every employer to develop, publish and as often as may be appropriate revise a written statement of its general policy with respect to the support it provides to workers who are victims of domestic abuse.

(2) The Secretary of State must by regulations make provision for determining—

(a) the scope of a domestic abuse policy;

(b) the form and manner in which a domestic abuse policy is to be published;

(c) when and how frequently a domestic abuse policy is to be published or revised;

(d) requirements for senior approval before a domestic abuse policy is published.

(3) The regulations may make provision for a failure to comply with subsection (1)—

(a) to be an offence punishable on summary conviction—

(i) in England and Wales by a fine;

(ii) in Scotland or Northern Ireland by a fine not exceeding level 5 on the standard scale;

(b) to be enforced, otherwise than as an offence, by such means as may be prescribed.

(4) The regulations may not require an employer to revise the policy more frequently than at intervals of 24 months.

(5) For the purposes of this section, ‘domestic abuse’ is defined in accordance with sections 1 and 2 of the Domestic Abuse Act 2021.

(6) This section does not apply to an employer who has fewer than 5 employees.

(7) Regulations under this section must be made no later than twelve months after the passage of this Act.”

This new clause would create a duty on employers with 5 or more employees to have a policy outlining the support they provide to workers who are victims of domestic abuse.

New clause 23—Prescribed rate of statutory maternity pay—

“In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986, delete ‘is a weekly rate of £184.03’ and insert ‘is a rate of £12.60 per hour in the UK and £13.85 per hour in London’.”

This new clause would increase the current rate of statutory maternity pay, bringing it in line with the “real Living Wage”.

New clause 25—Working Time Council—

“(1) The Secretary of State must, within six months of the passage of this Act, establish a Working Time Council (‘the Council’) to provide advice and make recommendations to the Secretary of State on the matters specified in subsection (4).

(2) The members of the Council—

(a) are to be appointed by the Secretary of State, and

(b) must include representatives of—

(i) trade unions;

(ii) businesses;

(iii) government departments; and

(iv) experts on matters relating to employment.

(3) Each member of the Council must hold and vacate office in accordance with the terms and conditions of the member’s appointment.

(4) The Council must provide advice and make recommendations on how a transition could be made from a five-day working week to a four-day working week with no impact on pay, including—

(a) how such a transition would affect employers and employees, and

(b) how businesses, public bodies and other organisations should approach such a transition.

(5) The Secretary of State may pay such remuneration or allowances to members of the Council as the Secretary of State may determine.”

This new clause would require the Secretary of State to establish a Working Time Council to provide advice and recommendations on the transition from a five-day working week to a four-day working week.

New clause 27—Flexible working duties: reports on compliance—

“(1) The Secretary of State must, once every six months, report on compliance with the duties under section 80G of the Employment Rights Act 1996 (employer’s duties in relation to application for change to working hours, etc).

(2) The first report must be published and laid before Parliament within six months of this Act being passed.

(3) Each further report must be published and laid before Parliament within six months of the last such report being published.”

This new clause would require the Government to report on employers’ compliance with the flexible working duties set out in this Bill.

New clause 30—Special constables: right to time off for public duties—

“(1) The Employment Rights Act 1996 is amended is follows.

(2) In section 50 (Right to time off for public duties), after subsection (1) insert—

‘(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee’s working hours for the purpose of performing their duties.

(1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.’”

This new clause gives employees who are special constables the right to time off to carry out their police duties.

New clause 61—Status of Workers—

“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) Omit section 145F(3).

(3) Omit section 151(1B).

(4) Omit sections 295 (meaning of employee and related expressions) and 296 (meaning of worker and related expressions) and insert—

‘295 Meaning of worker and related expressions

(1) In this Act—

(a) “worker” and “employee” both mean an individual who—

(i) seeks to be engaged by another to provide labour,

(ii) is engaged by another to provide labour, or

(iii) where the employment has ceased, was engaged by another to provide labour, and is not, in the provision of that labour, operating a business on the employee or worker’s own account;

(b) an “employer” in relation to a worker or employee is─

(i) every person or entity who engages or engaged the worker or employee, and

(ii) every person or entity who substantially determines terms on which the worker or employee is engaged at any material time;

(c) “employed” and “employment mean engaged as an “employee” or as a “worker” under subsection (1)(a);

(d) “contract of employment” means a contract or employment relationship, however described, whereby an individual undertakes to do or perform any labour, work or services for another party to the contract or employment relationship whose status is not by virtue of the contract or employment relationship that of a client or customer of any profession or business undertaking carried on by the individual, and any reference to the contract or employment relationship of an employee or a worker shall be construed accordingly;

(e) The ascertainment of the existence of a contract of employment or employment relationship shall be guided primarily by the facts relating to the performance of work, irrespective of how the contract or employment relationship is designated in any contractual or other arrangement by one or more of the parties involved;

(f) In ascertaining the existence of a contract of employment or employment relationship, all relevant facts may be taken into consideration but the following facts, if found, may be considered indicative of the existence of a contract of employment and the presence of any such fact shall raise the rebuttable presumption that the arrangement is a contract of employment—

(i) the use, by a person other than the putative worker, of automated monitoring systems or automated decision-making systems in the organisation of work;

(ii) the work is carried out according to the instructions and under the control of another entity;

(iii) the work involves the integration of the worker in the organisation of another entity;

(iv) the work is performed solely or mainly for the benefit of another entity;

(v) the work is to be done, or is in fact done, predominantly by the worker personally;

(vi) the work involves the provision of tools, materials and equipment by an entity other than the worker;

(vii) the worker is to a significant extent subordinated to and economically dependent on the entity for which the work is done;

(viii) the determination of the worker’s rate of remuneration and other significant terms and conditions is wholly or mainly that of an entity other than the worker and, in any event, significantly outweighs the power of the worker to determine his or her rate of remuneration and other significant terms and conditions;

(ix) the worker’s remuneration and other terms and conditions are not determined by collective bargaining;

(x) the financial risks of the entity for which the work is done are not to any significant extent those of the worker beyond his or her interest in securing further remunerated work;

(xi) the worker has no significant capital investment in the entity for which the work is done beyond the provision of tools and equipment necessary for the worker to perform the work;

(xii) the remuneration for the work done constitutes the worker's sole or one of their principal sources of income;

(xiii) part of the remuneration is in kind, such as food, lodging or transport.

(2) It is for a person who is claimed to be the employer and contests that claim to demonstrate in any legal proceedings that—

(a) they are not the employer, or

(b) the person providing the work is not an employee or a worker.

(3) Subsections (1) and (2) apply to all employment of a government department, except for members of the armed forces.

(4) A person undertaking the work of a foster carer shall be treated as a ‘worker’ for the purposes of this Act.

(5) An entitlement on the part of a person to substitute the labour of another for his or her own labour shall be ignored in determining whether he or she is a worker or employee.

(6) Where a worker or employee provides labour through a personal service company the employer is the third party for whom the labour is performed.

(7) A “personal service company” means a company—

(a) in which the worker or employee is a director, or a substantial shareholding is held by the worker or employee, by themself or by or with a member of the family of the worker or employee, or by or with a third party for whom the labour is or was performed, or a nominee or nominees of such a third party; and

(b) which has contracted with the worker or employee to provide their labour to a third party or parties nominated by the company; and

(c) in relation to which the terms and conditions on which the worker or employee is or was engaged to perform the labour are or were substantially determined by any third party for whom the labour is or was to be performed, by itself or jointly with another person or entity; and

(d) in which the status of any third party for whom the labour is or was to be performed is not in practice that of a client or customer of the profession or business undertaking carried on by the worker or employee.

(8) An employer that employs, or proposes to engage, an individual to carry out work must not represent to the individual that the contract under which the individual is, or would be, engaged by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor if that is not the case.

(9) Subsection (8) does not apply if the employer demonstrates that, when the representation was made, the employer reasonably believed that the contract was a contract for services.

(10) In determining, for the purpose of subsection (9), whether the employer's belief was reasonable, regard must be had to all relevant circumstances including the size and nature of the employer's enterprise.

(11) The Secretary of State may by regulations designate as “workers” other persons engaged in work, and designate as “employers” other entities engaged in the provision of work, after consultation with organisations which appear to the Secretary of State to represent such persons and entities and any such regulations must be made by statutory instrument,

(12) A statutory instrument containing regulations under sub-paragraph (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.(12) This section has effect subject to sections 68(4), 116B(10) and 235.'”

New clause 62—Procedure for handling dismissal and re-engagement—

“(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

(2) After Chapter I (collective bargaining), insert—

“Chapter 1A

Procedure For Handling Dismissal and Re-Engagement

187A Duty of employer to consult representatives

(1) This section applies to an employer where, in an undertaking or establishment with 50 or more employees, in the light of recent events or information and the economic situation affecting the employer, there is a threat to continued employment within the undertaking, and one or both of the following matters apply—

(a) decisions may have to be taken to terminate the contracts of or more employees for reasons other than conduct or capability, or

(b) anticipatory measures are envisaged which are likely to lead to substantial changes in work organisation or in contractual relations affecting or more employees.

(2) The employer shall consult with a view to reaching an agreement to avoid decisions being taken to terminate contracts of employment, or to introduce changes in work organisation or in contractual relations.

(3) The consultations under subsection (2) shall take place with all the persons who are appropriate representatives of any of the employees who are or may be affected by those matters that apply.

(4) The consultation shall begin as soon as is reasonably practicable and in good time for any agreement to be reached so as to avoid decisions being taken to terminate contracts of employment or introduce changes in work organisation or in contractual relations.

(5) The employer shall allow the appropriate representatives access to the affected employees and shall afford to those representatives such accommodation and other facilities as may be appropriate.

(6) In this section, “appropriate representatives” has the same meaning as in section 188(1B) (and the requirements for the election of employee representatives in section 188A apply).

(7) If there are special circumstances which render it not reasonably practicable for the employer to comply with a requirement of this section, the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in those circumstances.

(8) Where the threat to continued employment emanates from a person controlling the employer (directly or indirectly), or a decision leading to the termination of the contract of an employee for reasons other than conduct or capability or a decision leading to substantial changes in work organisation or in contractual relations is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with such a requirement.

187B Duty of employers to disclose information

(1) An employer to which section 187A applies shall, for the purposes of the consultation provided for in section 187A, disclose to the appropriate representatives, on request, the information required by this section.

(2) The information to be disclosed is all information relating to the employer's undertaking (including information relating to use of agency workers in that undertaking) which is in the employer’s possession, or that of an associated employer, and is information—

(a) without which the appropriate representatives would be to a material extent impeded in carrying on consultation with the employer, and

(b) which it would be in accordance with good industrial relations practice that the employer should disclose for the purposes of the consultation.

(3) A request by appropriate representatives for information under this section shall, if the employer so requests, be in writing or be confirmed in writing.

(4) In determining what would be in accordance with good industrial relations practice, regard shall be had to the relevant provisions of any Code of Practice issued by ACAS, but not so as to exclude any other evidence of what that practice is.

(5) Information which an employer is required by virtue of this section to disclose to appropriate representatives shall, if they so request, be disclosed or confirmed in writing.

(6) The employer is not required to disclose any information or document to a person for the purposes of this section where the nature of the information or document is such that, according to objective criteria, the disclosure of the information or document would seriously harm the functioning of, or would be prejudicial to, the undertaking.

(7) If there is a dispute between the employer and an employee or an appropriate representative as to whether the nature of the information or document which the employer has failed to provide is such as is described in subsection (6), the employer, employee or appropriate representative may apply to the Central Arbitration Committee for a declaration as to whether the information or document is of such a nature.

(8) If the Committee makes a declaration that the disclosure of the information or document in question would not, according to objective criteria, be seriously harmful or prejudicial as mentioned in subsection (5) the Committee shall order the employer to disclose the information or document.

(9) An order under subsection (8) shall specify—

(a) the information or document to be disclosed;

(b) the person or persons to whom the information or document is to be disclosed;

(c) any terms on which the information or document is to be disclosed; and

(d) the date before which the information or document is to be disclosed.

187C Complaint to Central Arbitration Committee

(1) An appropriate representative may present a complaint to the Central Arbitration Committee that an employer has failed to comply with a requirement of section 187A or section 187B. The complaint must be in writing and in such form as the Committee may require.

(2) If on receipt of a complaint the Committee is of the opinion that it is reasonably likely to be settled by conciliation, it shall refer the complaint to ACAS and shall notify the appropriate representative and employer accordingly, whereupon ACAS shall seek to promote a settlement of the matter. If a complaint so referred is not settled or withdrawn and ACAS is of the opinion that further attempts at conciliation are unlikely to result in a settlement, it shall inform the Committee of its opinion.

(3) If the complaint is not referred to ACAS or, if it is so referred, on ACAS informing the Committee of its opinion that further attempts at conciliation are unlikely to result in a settlement, the Committee shall proceed to hear and determine the complaint and shall make a declaration stating whether it finds the complaint well-founded, wholly or in part, and stating the reasons for its findings.

(4) On the hearing of a complaint any person who the Committee considers has an interest in the complaint may be heard by the Committee, but a failure to accord a hearing to a person other than the appropriate representative and employer directly concerned does not affect the validity of any decision of the Committee in those proceedings.

(5) If the Committee finds the complaint wholly or partly well-founded, the declaration shall specify─

(a) each failure in respect of which the Committee finds that the complaint is well-founded

(b) the steps that should be taken by the employer to rectify each such failure, and

(c) a period or periods (not being less than one week from the date of the declaration) within which the employer ought to take those steps.

(6) On a hearing of a complaint under this section a certificate signed by or on behalf of a Minister of the Crown and certifying that particular information could not be provided except by disclosing information the disclosure of which would have been against the interests of national security shall be conclusive evidence of that fact. A document which purports to be such a certificate shall be taken to be such a certificate unless the contrary is proved.

187D Application for injunction pending rectification of failure

(1) This section applies if a declaration of the Central Arbitration Committee under section 187C finds a complaint wholly or partly well-founded.

(2) An appropriate representative may apply to the Court for an injunction to subsist until the employer can satisfy the Committee that the steps under section 187C(5)(b) have been completed within the specified period or periods under section 187C(5)(c)—

(a) to compel the employer to take those steps within the period or periods, or

(b) to render void any dismissal or changes in work organisation or in contractual relations.

187E Complaint to employment tribunal

(1) This section applies where an employer—

(a) offers or proposes to offer re-engagement on different terms to an employee—

(i) it has dismissed or proposes to dismiss for reasons other than conduct or capability, or

(ii) in relation to whom it has made or proposes to make substantial changes in work organisation or in contractual relations; or

(b) has failed to comply with any of the obligations set out in sections 187A or 187B.

(2) Any affected employee or their appropriate representative may make a complaint to the employment tribunal.

(3) If the tribunal finds the complaint well-founded it shall make a declaration to that effect.

187F Award of compensation

(1) An employee, or the appropriate representative of an employee, whose complaint under section 187E has been declared to be well-founded may make an application to an employment tribunal for an award of compensation to be paid by the employer.

(2) The amount of compensation awarded shall, subject to the following provisions, be such as the employment tribunal considers just and equitable in all the circumstances having regard any loss sustained by the complainant which is attributable to the dismissal or substantial changes in work organisation or in contractual relations to which the complaint related.

187G Duty of employer to notify Secretary of State in certain circumstances

(1) This section applies to an employer to which section 187A applies in relation to 50 or more employees at one establishment or undertaking.

(2) The employer shall notify the Secretary of State, in writing, of the matters under section 187A(1) that apply and any related proposals not later than the end of whichever is the longer of—

(a) 45 days, or

(b) the notice period necessary to terminate lawfully the employment of all those employees who may be affected by any such matter before any decision to put into effect that matter is reached.

(3) A notice under this section shall—

(a) be given to the Secretary of State by delivery or by sending it by post, at such address as the Secretary of State may direct in relation to the establishment where employees who may be affected are employed,

(b) where there are representatives to be consulted under section 187A(2), identify them and state the date when consultation with them under that section began or will begin, and

(c) be in such form and contain such particulars, in addition to those required by paragraph (b), as the Secretary of State may direct.

(4) After receiving a notice under this section from an employer the Secretary of State may by written notice require the employer to give them such further information as may be specified in the notice.

(5) Where there are representatives to be consulted under section 187A(2) the employer shall give to each of them a copy of any notice given under subsection (3). The copy shall be delivered to them or sent by post to an address notified by them to the employer, or (in the case of representatives of a trade union) sent by post to the union at the address of its head or main office.

(6) If in any case there are special circumstances rendering it not reasonably practicable for the employer to comply with any of the requirements of subsections (1) to (5), the employer shall take all such steps towards compliance with that requirement as are reasonably practicable in the circumstances. Where the decision regarding the matters is that of a person controlling the employer (directly or indirectly), a failure on the part of that person to provide information to the employer shall not constitute special circumstances rendering it not reasonably practicable for the employer to comply with any of those requirements.

187H Failure to notify

(1) An employer who fails to give notice to the Secretary of State in accordance with section 187G commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Proceedings in England or Wales for such an offence shall be instituted only by or with the consent of the Secretary of State or by an officer authorised for that purpose by special or general directions of the Secretary of State. An officer so authorised may prosecute or conduct proceedings for such an offence before a magistrates' court.

(3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(4) Where the affairs of a body corporate are managed by its members, subsection (3) applies in relation to the acts and defaults of a member in connection with their functions of management as if they were a director of the body corporate.”

New clause 63—Protection of contracts of employment—

“(1) The Employment Rights Act 1996 is amended as follows.

(2) After Part IIA (zero hours workers) insert—

“Part 2AA

Protection of Contracts of Employment

27BA

(1) Any variation to an employment contract is void if it—

(a) was obtained under the threat of dismissal, and

(b) is less favourable to the employee than the pre-existing provision, unless the employer has complied with all its obligations under, and arising from, sections 187A to 187G of the Trade Union and Labour Relations (Consolidation) Act 1992 in relation to any person employed under the contract.

(2) In subsection (1)(b), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.

27BB Unilateral variation of employment contracts

(1) Any provision in an agreement (whether an employment contract or not) is void in so far as it purports to permit the employer to vary unilaterally one or more terms within an employment contract where the variation is less favourable to the employee that the pre-existing provision.

(2) In subsection (1), the definition of “less favourable” shall be determined by the perception of a reasonable employee in the position of the affected employee.

(3) In Chapter I (right not to be unfairly dismissed), after section 104G insert—

(3) In Chapter I (right not to be unfairly dismissed), after section 104G insert—

“104H Refusal of variation of contractual terms

(1) In relation to an employee who claims to have been unfairly dismissed in circumstances in which the reason (or, if more than one, the principal reason) for the dismissal is that the employee has refused to agree to a variation of contractual terms—

(a) section 98(1)(b) shall not apply save that it shall be for the employer to show that the reason for the dismissal fell within section 98(2);

(b) section 108(1) shall not apply.

104I Matters for consultation under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992

(2) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a) the Central Arbitration Committee has made a declaration under section 187C of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the employer and employee, and the employer has not complied with the steps in that declaration, or

(b) the employer has failed, in respect of the employee, to comply with a provision of a collective agreement applicable to a matter for consultation under section 187A of the Trade Union and Labour Relations (Consolidation) Act 1992.”

(4) In section 116 (unfair dismissal: choice of order and its terms), after subsection (3) insert—

“(3A) If an employee has been unfairly dismissed and the reason (or, if more than one, the principal reason) the dismissal is unfair is one specified under section 104H or 104I, the tribunal may only find that it is not practicable for—

(a) the employer to comply with an order for reinstatement under subsection (1)(b), or

(b) the employer (or a successor or an associated employer) to comply with an order for re-engagement if the employer (or if appropriate a successor or an associated employer) would be likely to become insolvent within three months if such an order was made.”

(5) In section 128(1)(a)(i) (interim relief pending determination of complaint), for “or 103A” substitute “103A, 104H or 104I”.

(6) In section 129(1)(a)(i) (procedure on hearing of application and making of order), for “or 103A” substitute “103A, 104H or 104I”.”

New clause 71—Review of Statutory Sick Pay costs—

“(1) Within three months of the passage of this Act, the Secretary of State must consult on how the Government can best support small employers with Statutory Sick Pay costs.

(2) The consultation under subsection (1) must consider the economic effects of increasing Statutory Sick Pay for small employers with 250 employees or less, including the effects on—

(a) productivity;

(b) long-term illness;

(c) benefit spending; and

(d) economic growth & tax revenue.

(3) Following a consultation under subsection (2), within twelve months of commencing the consultation, the Secretary of State must report to Parliament on actions taken to implement the findings of the report of the consultation.”

This new clause would require the Government to consult on how best to support small employers with statutory sick pay costs while taking into account the wider economic effects of increasing it.

New clause 72—Duty on employers to investigate protected disclosures—

“(1) Part 4A of the Employment Rights Act 1996 (protected disclosures) is amended in accordance with subsections (2) to (4).

(2) In section 43C (Disclosure to employer or other responsible person), after subsection (2) insert―

“(3) Employers must take reasonable steps to investigate any disclosure made to them under this section.

(4) Employers with―

(a) 50 or more employees;

(b) an annual business turnover or annual balance sheet total of £10 million or more;

(c) operations in financial services; or

(d) vulnerabilities in other respects to money laundering or terrorist financing,

must establish internal channels and procedures for reporting and managing qualifying disclosures.

(5) The calculation of the number of employees under subsection (4)(a) includes employees of all franchises, subsidiaries and associated employers as defined under section 231 of this Act.

(6) The Secretary of State must, within six months of the commencement of this provision, set out in statutory guidance what “reasonable steps” under subsection (3) should include.”

(3) In section 48 (Complaints to employment tribunals), after subsection (1B), insert―

“(1C) A worker may present a complaint to an employment tribunal that the worker’s employer has failed to comply with the duty in section 43C (Duty to investigate protected disclosures).”

(4) In section 49 (Remedies), after subsection (1A), insert―

“(1B) Where an employment tribunal is satisfied that an employer has contravened the duty set out in section 43C (duty to investigate), the tribunal―

(a) shall make a declaration to that effect, and

(b) may make an award of compensation to be paid by the employer to the complainant in respect of the failure and may increase any award payable to the complainant by no more than 25%.””

This new clause would create a duty on employers to investigate whistleblowing concerns, to establish internal channels for reporting and managing whistleblower disclosures, and enable tribunal claims with respect to contravention of those duties.

New clause 73—Hourly statutory sick pay—

“(1) Part 11 of the Social Security Contributions and Benefits Act 1992 (statutory sick pay) is amended as follows.

(2) After section 151 (Employer’s liability), insert—

“151A Hourly statutory sick pay

(1) Where an employee has an hour of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 153 and 154 are satisfied, be liable to make him, in accordance with the following provisions of this Part of this Act, a payment (to be known as “hourly statutory sick pay”) in respect of that hour.

(2) For the purposes of this section an hour of incapacity for work in relation to a contract of service means an hour during which the employee concerned is, or is deemed in accordance with regulations to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract.

(3) The Secretary of State must by regulations make any amendment to this Part that is necessary to enable the operation of a system of hourly statutory sick pay.””

This new clause introduces a new defined term “hourly statutory sick pay”, enabling pro rata payment of statutory sick pay by the hour. This will give employers greater flexibility in SSP payment, which can currently only be paid in whole days.

New clause 74—Non-disclosure agreements: harassment—

“(1) The Secretary of State must, within six months of the passing of this Act, make changes by regulation to ensure that an agreement to which this section applies is void insofar as it purports to preclude the worker from making a relevant disclosure.

(2) This section applies to any agreement between a worker and the worker's employer (whether a worker’s contract or not), including—

(a) any proceedings for breach of contract;

(b) a non-disclosure agreement; or

(c) a non-disparagement agreement.

(3) Regulations made under this section―

(a) must not prevent a worker from being granted confidentiality protections associated with a settlement agreement, if those protections are made at the worker’s request; and

(b) must replicate or enhance the protections offered to workers by section 1 of the Higher Education (Freedom of Speech) Act 2023, with respect to non-disclosure agreements and harassment, but must apply those protections to all workers.

(4) For the purposes of this section—

(a) “relevant disclosure” means any disclosure of information which, in the reasonable belief of the worker making the disclosure, shows that harassment has been committed, is being committed or is likely to be committed, by a fellow worker or a client of the employer;

(b) “harassment” means any act of harassment as defined by section 26 of the Equality Act 2010.”

This new clause would require the Secretary of State to make regulations to void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment), with relevant exceptions at the worker’s request.

New clause 75—Statutory sick pay: consultation on rate—

“(1) Within three months of the passage of this Act, the Secretary of State must consult on the rate of Statutory Sick Pay.

(2) A consultation under subsection (1) must conclude within six months of its commencement.

(3) A consultation under subsection (1) must consider―

(a) the rate at which Statutory Sick Pay should be set to ensure that employees are able to—

(i) cover their basic needs without falling into negative budgets;

(ii) recover from an illness; and

(iii) remain in work while managing their disability or long-term health condition;

(b) how best to phase in increases to Statutory Sick Pay over a five year period;

(c) the support that the Government could offer small businesses for longer-term absences or to improve the health of their workforce; and

(d) the support that the Government could offer to encourage better insurance protections for businesses to manage staff absences.”

This new clause would require the Secretary of State to hold a consultation on the rate of Statutory Sick Pay.

New clause 76—Statutory sick pay: gradual increases—

“(1) The Secretary of State must, within six months of the passage of this Act, commence a five year period of annual increases to the rate of Statutory Sick Pay.

(2) At the end of the five year period under subsection (1), the rate of Statutory Sick Pay must be no less than 80% of the National Living Wage.

(3) The annual increases under subsection (1) must be incremental, with each annual increase representing at least 10% of the overall increase required over the five year period.”

This new clause would gradually increase the rate of Statutory Sick Pay over the next five years, taking it to at least 80% of rate of the National Living Wage.

New clause 78—Access to employment rights: workers on temporary visas—

“(1) The Secretary of State must, within six months of this Act being passed, commission an independent report on the extent to which workers on temporary visas are able to assert their rights under employment law.

(2) In commissioning the report, the Secretary of State must arrange for the report to meet the requirements set out in subsections (3) to (5).

(3) The report must examine the extent to which workers on temporary visas feel unable to assert their employment rights because they are dependent on their employers to sponsor their visas.

(4) The report must make recommendations to the Secretary of State about how the Secretary of State can support workers on temporary visas in the assertion of their employment rights.

(5) The report must be completed within three months of being commissioned.

(6) The Secretary of State must, as soon as is practicable after receipt of the report, publish the report and lay it before both Houses of Parliament.

(7) The Secretary of State must, within three months of receipt of the report—

(a) respond to the recommendations in the report, and

(b) publish the response and lay it before both Houses of Parliament.”

This new clause would require the Secretary of State to commission a report ensuring that workers on temporary visas are able to assert their rights under employment law in order to prevent abusive practices.

New clause 79—Duty to prevent and monitor sexual harassment in the workplace—

“(1) Section 2 of the Health and Safety at Work etc. Act 1974 is amended as follows.

(2) After subsection (2)(e) insert—

“(f) the adoption of proactive and preventative measures to protect all persons working in their workplace from sexual harassment; and

(g) the monitoring of sexual harassment in the workplace.”

This new clause would require the Health and Safety Executive to prevent and monitor sexual harassment in the workplace.

New clause 80—Single status of worker: review—

“(1) The Secretary of State must conduct a review of Government policy on the single status of worker, and how it affects the ability to access the rights provided for by this Act.

(2) The review must be published and laid before Parliament within six months of this section coming into force.”

This new clause calls on the Secretary of State to review the Government’s policy on the single status of workers within 6 months of this section coming into force.

New clause 81—Modern slavery in UK workplaces: review—

“(1) The Secretary of State must conduct a review of—

(a) the extent to which employees in UK workplaces are subject to modern slavery as a result of the actions of their employer, and

(b) the effectiveness of employment rights in preventing modern slavery in UK workplaces.

(2) The review must be published and laid before Parliament within six months of this section coming into force.”

This new clause asks the Secretary of State to conduct a review of modern slavery to ensure that the employment rights granted in the Act are effective in preventing modern slavery.

New clause 83—Impact on employment tribunals: sections 1 to 6—

“(1) The Secretary of State must conduct a review of—

(a) the impact of sections 1 to 6 on the operation of employment tribunals, and

(b) the ability of employment tribunals to manage any increase in applications resulting from those sections.

(2) The Secretary of State must lay the review made under subsection (1) and the Government’s response to the review before Parliament.”

This new clause would require the Secretary of State to conduct a review of the impact on the employment tribunals of the Bill’s provisions on zero hours workers.

New clause 84—Consultation and assessment on the right to request flexible working—

“(1) The Secretary of State must carry out an assessment of the likely impact of the right to request flexible working provided for in section 7 of this Act.

(2) As part of the assessment, the Secretary of State must carry out a consultation on the proposed right to request flexible working.

(3) The assessment must—

(a) include labour market and broader macroeconomic analysis;

(b) examine the impact of the measures in section 7 on employment, wages and economic output;

(c) consider the likelihood of the costs of flexible working measures being passed on to employees through lower wages; and

(d) examine the likely effect of the right to request flexible working on—

(i) productivity

(ii) wage growth

(iii) equality of opportunity

(iv) job security

(v) economic activity, and

(vi) employment.

(4) A report setting out the findings of the assessment must be laid before each House of Parliament no sooner than 18 weeks after the consultation has been initiated.”

This new clause requires the Secretary of State to assess the impact of the provisions of Clause 7.

New clause 85—Employer duties on harassment: impact assessment—

“(1) The Secretary of State must carry out an assessment of the likely impact of section 18 of this Act on employers.

(2) The assessment must—

(a) report on the extent to which the prevalence of third-party harassment makes the case for the measures in section 18;

(b) include an assessment of the impact of section 18 on free speech;

(c) include an assessment of the likely costs to employers of section 18;

(d) include—

(i) an assessment of which occupations might be at particular risk of third-party harassment through no fault of the employer, and

(ii) proposals for mitigations that can be put in place for employers employing people in such occupations.

(3) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”

This new clause requires the Secretary of State to assess the impact of the provisions in Clauses 18.

New clause 86—Unfair dismissal: impact assessment—

“(1) The Secretary of State must carry out an assessment of the likely impact of section 21 and Schedule 2 of this Act on—

(a) employers, and

(b) the economy.

(2) The assessment must—

(a) include labour market and broader macroeconomic analysis;

(b) examine the impact of the measures in section 21 and Schedule 2 of this Act on employment, wages and economic output;

(c) consider the likelihood the dismissal measures leading to lower employment, and greater use of temporary contracts; and

(d) examine the likely effect of section 21 and Schedule 2 of this Act on—

(i) productivity

(ii) wage growth

(iii) equality of opportunity

(iv) job security

(v) economic activity, and

(vi) employment, including levels of youth employment.

(3) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”

This new clause requires the Secretary of State to assess the impact of the provisions of Clause 21 and Schedule 2.

New clause 87—Regulations under Part 1 and 2—

“When making regulations under Parts 1 and 2 of this Act, the Secretary of State must have regard to the following objectives—

(a) the international competitiveness of the economy of the United Kingdom; and

(b) the economic growth of the United Kingdom in the medium to long term.”

This new clause would require the Secretary of State, when making regulations under Part 1 and 2 of the Bill, to have regard to the objective of the international competitiveness of the economy and its growth in the medium to long term.

New clause 91—Use of positive action in the workplace—

“(1) In this section—

(a) “P” is a public sector worker who reasonably thinks that the application by P’s employer, in relation to P’s employment or a working practice, of sections 158 and 159 of the Equality Act 2010 has caused or risks causing detriment to P; and

(b) “R” is P’s public sector employer; and

(c) P reasonably thinks that R is responsible for the detriment in subsection (1)(a).

(2) A Minister of the Crown must by regulations make provision for—

(a) forms through which P may anonymously question R on any matter relevant to subsection (1);

(b) forms through which R may answer questions by P; and

(c) such forms to be made publicly available.

(3) Within six months of the passing of this Act and every three months thereafter, R must publish a report to set out―

(a) the number of forms received under subsection (2), and

(b) a summary of the nature of the complaints to which they relate.

(4) A Minister of the Crown may by regulations require R to report on the use of sections 158 and 159 of the Equality Act.

(5) This section does not apply to activities undertaken by R under paragraph 1 of Schedule 9 of the Equality Act.”

New clause 92—Rolled-up holiday pay for irregular hours workers and part-year workers—

“In the Working Time Regulations 1998, omit regulation 16A (Rolled-up holiday pay for irregular hours workers and part-year workers).”

This new clause would remove regulation 16A from the Working Time Regulations, which gives employers the ability to pay irregular hours workers and part-year workers their holiday pay by way of ‘rolled-up pay’, i.e. an uplift to their weekly or monthly pay.

New clause 93—Working Time Regulations 1998: records—

“In Regulation 9 (Records) of the Working Time Regulations 1998, omit paragraphs (2) and (3) and substitute—

“(2) The records referred to in paragraph (1)(a) must be created, maintained and kept in such manner and format as the Secretary of State may prescribe.””

This new clause would remove the discretion given to employers in 2023 to keep records in any form they choose (or not at all) in relation to each worker’s daily working hours.

New clause 94—Annual report on application of changes to employment rights to seafarers—

“(1) The Secretary of State must lay before each House of Parliament an annual report on the extent to which the relevant employment rights changes made by this Act apply to seafarers.

(2) Each annual report must describe—

(a) so far as appropriate, whether each relevant employment rights change applies or is intended to apply at the time of its commencement to seafarers on a relevant service within the meaning given by section 1 of the Seafarers (Wages and Working Conditions) Act 2023;

(b) any proposals by the Secretary of State to apply any relevant employment rights change to such seafarers subsequent to commencement;

(c) the extent to which the application of changes to employment rights to seafarers is affected by any change or prospective change to the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation.

(3) The first annual report under this section must be laid before each House of Parliament within three months of the passing of this Act.

(4) In this section, “relevant employment rights changes made by this Act” means the provisions of—

(a) Part 1 of this Act,

(b) sections 25, 28 and 29.”

This new clause requires the Secretary of State to produce an annual report on the application of employment rights provisions to seafarers.

New clause 95—Annual report on provisions relating to seafarers—

“(1) The Secretary of State must lay before each House of Parliament an annual report on the extent to which the provisions of sections 26, 47 and 48 of, and Schedule 3 to, this Act improve the working conditions and employment rights of seafarers.

(2) The first annual report under this section must be laid before each House of Parliament within three months of the passing of this Act.”

New clause 97—Rights of employer and employee to minimum notice—

“(1) Section 86 of the Employment Rights Act 1996 (Rights of employer and employee to minimum notice) is amended as follows.

(2) In subsection (1)—

(a) omit “for one month or more”;

(b) for both instances of “one week’s notice”, substitute “one month’s notice”; and

(c) for “twelve weeks’ notice”, substitute “twelve months’ notice”.”

This new clause would change the minimum notice period for termination of contract to a day one right, and would increase the notice period to: one month for an employee who has been employed for up to twelve years; and twelve months for an employee who has been employed for over twelve years.

New clause 101—Duty to establish a regulatory body for foster carers—

“(1) The Secretary of State must, within six months of the passing of this Act, make a report to Parliament on progress made to date on establishing a regulatory body for the employment rights and remuneration of foster carers.

(2) Any regulatory body established pursuant to the Secretary of State’s activities under subsection (1) must include—

(a) representatives of employers and foster care workers;

(b) independent members; and

(c) representatives of individuals with lived experience in foster care; and

(3) A regulatory body established pursuant to subsection (1) must consider—

(a) the establishment of a central registration system for foster carers;

(b) the expansion of employment rights for foster carers;

(c) remuneration rates for foster caring; and

(d) any other matters which the Secretary of State deems appropriate.”

This new clause would require the Secretary of State to establish a regulatory body for foster carers for the purposes of consideration the remuneration and the expansion of employment rights for foster carers.

New clause 102—Statutory sick pay: report to Parliament—

“(1) The Secretary of State has a duty to ensure that any regulations made under section 157 (rates of payment) of the Social Security Contributions and Benefits Act 1992 do not result in an employee receiving a lower rate of statutory sick pay than the employee would have received prior to the passing of this Act.

(2) Within three months of the passing of this Act, the Secretary of State must report to Parliament on how the prescribed percentage of weekly earnings specified in section 9 of this Act will ensure that all employees receive an increase to their eligible rate of statutory sick pay.”

This new clause would ensure that the Bill’s changes to statutory sick pay do not result in any employees receiving a reduced rate, compared with current rates.

New clause 105—Substitution clauses: duties of company directors—

“(1) The director of a relevant company has a duty to ensure that the company keeps a register of all dependent contractors.

(2) The director must supply details of the register under subsection (1) with the Secretary of State within 12 months of the passing of this Act and every 12 months thereafter, subject to the provisions of the Data Protection Act 2018.

(3) The Secretary of State may by regulations make provision about what information must be supplied in the register of dependant contractors.

(4) For the purposes of this section―

(a) a “relevant company” is a company that―

(i) provides services in relation to postal and courier activities, food and beverage service activities or taxi operation;

(ii) has more than 250 employees in the UK and overseas; and

(iii) includes provision within the company’s contracts with contractors which allow the contractor to send another qualified person (a "substitute") to complete the work in the contractor’s place if the contractor is unable to complete the work;

(b) a “director” includes any person occupying the position of director, by whatever name called; and

(c) “dependent contractor” means a person who—

(i) performs work or services for the relevant company;

(ii) is paid according to tasks performed rather than hours of work;

(iii) depends partially or primarily on the relevant company for employment and income;

(iv) is not required to perform services for the relevant company; and

(v) is not specified as an employee or worker for the relevant company within a statement of employment particulars or a contract of employment.”

This new clause requires certain company directors to keep a register of the people carrying out work for the company under so-called ‘substitution clauses’, which allow companies to permit their suppliers – including some delivery couriers – to appoint a substitute to supply services on their behalf.

Amendment 275, in clause 1, page 2, line 30, leave out from “period” to the end of line 32.

This amendment aims to take out reference to low hours.

Amendment 276, page 2, leave out lines 36 and 37.

This amendment is linked to amendment 275.

Government amendment 8.

Amendment 277, page 3, line 20 leave out “with the specified day” and insert “12 weeks after the commencement”.

This amendment proposes that the reference period for offering guaranteed hours to workers previously on a zero-hours contract be 12 weeks.

Government amendment 9.

Amendment 264, page 3, line 39, at end insert—

“(11) In this section an agency worker is a qualifying worker”.

Government amendments 10 to 15.

Amendment 265, page 5, line 4, leave out from “event” to the end of line 7.

Government amendment 16.

Amendment 266, page 5, line 14, leave out from “contract” to “, and” in line 15.

Government amendment 17.

Amendment 267, page 5, line 25, leave out lines 25 to 42.

Government amendment 18.

Amendment 328, page 8, leave out lines 10 and 11.

Amendment 269, page 11, line 24, at end insert—

“(c) the length of the response period which shall not be less than one week.”

Government amendments 19 to 28.

Amendment 278, in clause 2, page 16, line 22, leave out “a specified amount of time” and insert “2 weeks and ideally one month”.

This amendment, and amendments 279 to 281, aim to set time limits for workers to be given notice of shifts, when shifts are moved and when compensation should be paid.

Government amendment 29.

Amendment 279, page 17, line 16, leave out “a specified amount of time” and insert “2 weeks and ideally one month”.

This amendment is linked to amendment 278.

Government amendments 30 to 37.

Amendment 280, in clause 3, page 21, line 29, at end insert “provided that the notice is at least 10 days in advance of the original planned shift”.

This amendment is linked to amendment 278.

Amendment 281, page 21, line 39, leave out “a specified amount of time” and insert “a week”.

This amendment is linked to amendment 278.

Government amendments 38 to 50 and 79.

Amendment 7, in clause 9, page 29, leave out from line 34 to line 3 on page 30 and insert—

“(1) The weekly rate of statutory sick pay that an employer must pay to an employee is the higher of—

(a) the National Living Wage; or

(b) the prescribed percentage of the employee’s normal weekly earnings.

(1A) For the purposes of subsection (1)(a), the “National Living Wage” is defined in accordance with regulation 4 of the National Minimum Wage Regulations 2015.”

This amendment brings the rate of Statutory Sick Pay into line with the National Living Wage.

Amendment 272, page 29, leave out from line 34 to line 3 on page 30 and insert—

“The weekly rate of statutory sick pay that an employer must pay to an employee is the higher of—

(a) £116.75; and

(b) 65% of the employee’s normal weekly earnings.”

This amendment would make the rate of statutory sick pay 65% of an employee’s earnings or £116.75 a week, whichever is higher.

Government amendments 80 to 85.

Amendment 1, in clause 16, page 33, line 8, at end insert—

“( ) after subsection (2) insert—

“(2A) The conditions specified under subsection (2) must be framed so as to ensure that a “bereaved person” includes those bereaved by pregnancy loss.

(2B) In subsection (2A) “pregnancy loss” includes—

(a) a pregnancy that that ends as a result of—

(i) a miscarriage;

(ii) an ectopic pregnancy;

(iii) a molar pregnancy;

(iv) a medical termination conducted in accordance with section 1 of the Abortion Act 1967;

(b) an unsuccessful attempt at in vitro fertilisation due to embryo transfer loss.””

This amendment requires that any regulations made under section 80EA of the Employment Rights Act 1996 (as amended by the Bill) must include conditions framed by reference to those bereaved by pregnancy loss.

Amendment 2, page 33, line 11, at end insert—

“( ) in subsection (5), after “child” insert “or as a result of pregnancy loss.”

This amendment amends section 80EA(5) of the Employment Rights Act 1996 to ensure that the two week leave period is made available to those bereaved as a result of pregnancy loss.

Amendment 3, page 34, line 8, at end insert—

“( ) In section 171ZZ6 of the Social Security Contributions and Benefits Act 1992 (entitlement to statutory pregnancy loss pay), after subsection (3) insert—

“(3A) The conditions specified under subsection (2) must be framed so as to ensure that a “bereaved parent” includes those bereaved by pregnancy loss.

(3B) In subsection (3A) “pregnancy loss” includes—

(a) a pregnancy that that ends as a result of—

(i) a miscarriage;

(ii) an ectopic pregnancy;

(iii) a molar pregnancy;

(iv) a medical termination conducted in accordance with section 1 of the Abortion Act 1967;

(b) an unsuccessful attempt at in vitro fertilisation due to embryo transfer loss.””

This amendment amends the Social Security Contributions and Benefits Act 1992 to ensure that the entitlement to statutory pregnancy loss pay extends to those bereaved by pregnancy loss.

Amendment 288, page 34, line 32, leave out clause 18.

Amendment 289, in clause 18, page 35, line 7, at end insert—

“(1D) Subsection (1A) does not apply to the hospitality sector or to sports venues.”

This amendment would exclude hospitality providers and sports venues from the Bill’s duties for employers not to permit harassment of their employees.

Amendment 287, page 36, line 10, leave out clause 21.

Government amendments 86 to 89.

Amendment 329, in clause 24, page 37, line 30, at end insert―

“(3A) For the purposes of this section, any provision in an agreement (whether a contract of employment or not) is void in so far as it purports to confer on the employer or a third party the power to vary, unilaterally, the terms of the agreement.”

This amendment would render void, for the purposes of a case of unfair dismissal in relation to failing to agree to a variation of contract, any provision enabling an employer to vary a contract unilaterally.

Government amendment 90.

Amendment 316, in clause 25, page 39, line 8, omit subsection (2)(a) and insert—

“(a) in subsection (1), omit “at one establishment” and insert “or more than 10% of the employer’s employees, whichever is the smaller number,”;”

This amendment would require an employer to consult with representatives of affected employees when proposing to dismiss as redundant 20 or more employees or at least 10% of their employees, whichever is the smaller number.

Amendment 317, page 39, line 9, at end insert—

“(2A) After section 189 (complaint and protective award), insert—

“189A Failure to comply with section 188 or 188A

Where the employer has failed to comply with the requirements under section 188 or section 188A, any proposal to dismiss employees as redundant shall be void and of no effect.””

This amendment would increase the sanction for failing to consult with representatives of affected employees by rendering the dismissal ineffective.

Government amendment 91.

Amendment 318, page 39, line 15, at end insert—

“(3A) In section 189(4), omit “but shall not exceed 90 days””

This amendment would remove the cap on the length of a protected period for which an employer is ordered to pay remuneration in protective awards.

Government amendments 92 to 97.

Amendment 302, in clause 26, page 40, line 26, leave out “120” and insert “52”.

This amendment applies the provisions for collective redundancy notices for ships’ crew to ships providing a service entering a harbour in Great Britain on at least 52 occasions in the relevant period.

Amendment 303, page 40, line 31, leave out “10” and insert “5”.

Amendment 273, in clause 28, page 46, line 28 at end insert―

“(ii) a public authority specified in Part 3 of Schedule 19,”.

This amendment would apply this section to public authorities in Scotland.

Amendment 4, page 47, line 3, at end insert—

“(c) supporting employees who provide or arrange care for a dependant with a long-term care need, as defined by the Carer’s Leave Act 2023.”

Government amendment 98.

Amendment 330, in clause 31, page 49, line 11, leave out from "Body" to the end of subsection (2)(b) and insert—

“that person being selected by agreement between officials of the trade unions and employers’ representatives who are members of the Negotiating Body and, in the event of a failure to agree chosen by the Central Arbitration Committee.”

This amendment would require the Chair of the Negotiating Body to be appointed by agreement between trade union and employers’ representatives or the Central Arbitration Committee rather than by regulations by the Secretary of State.

Government amendments 99 and 100.

Amendment 331, page 49, line 26, leave out sub-paragraphs (i) and (ii) and paragraph (b) and insert—

“equal numbers of persons nominated by—

(i) trade unions that represent the interests of social care workers; and

(ii) employers’ associations representing the interests of employers of social care workers.”

This amendment would require the regulations to establish the Adult Social Care Negotiating Body to provide for equal numbers of trade union representatives and employers’ representatives to be appointed to the Negotiating Body.

Government amendment 101.

Amendment 332, in clause 32, page 49, line 40, leave out from “are” to the end of paragraph (b) and insert—

“matters relating to or connected with matters in Section 178(2) of the Trade Union and Labour Relations No. 332, (Consolidation) Act 1992.”

This amendment would extend the remit of the negotiating body to the list of matters for collective bargaining set out in Section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Government amendments 102 to 107.

Amendment 333, page 50, line 4, at end insert—

“(d) the training of social care workers;

(e) career progression of social care workers;

(f) a procedure for the resolution of disputes at employer, regional and national level which may refer a dispute to ACAS for conciliation and mediation and, if not then resolved, shall be entitled to refer the matter to the Central Arbitration Committee to resolve the dispute, the decision of the latter being binding;

(g) discipline and grievance procedures;

(h) any other matter agreed to be the subject of negotiation by the members of the Negotiating Body.”

This amendment would add additional matters to those within the Negotiating Body’s remit; namely, the training and career progression of social care workers, dispute resolution procedures and discipline and grievance procedures and other matters agreed by members of the Negotiating Body.

Government amendments 108 and 109.

Amendment 334, in clause 33, page 50, line 8, leave out from “means” to the end of subsection (1) and insert—

“an individual who, as paid work, provides social care for an adult, including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.”

This amendment would bring the definition of social care worker in line with the definition of a “care worker” in Section 20(3) of the Criminal Justice and Courts Act 2015.

Government amendments 110 to 114.

Amendment 335, in clause 34, page 50, line 23, leave out subsections (1), (2) and (3) and insert—

“The Secretary of State may by regulations make provision requiring the Negotiating Body, if it reaches an agreement about a matter within its remit, to submit the agreement to the Secretary of State.”

This amendment would remove almost all of Section 34 on the consideration of matters by the Negotiating Body, retaining the power in the regulations that agreements on matters by the Negotiating Body be referred to the Secretary of State.

Government amendments 115 to 126.

Amendment 336, in clause 35, page 51, line 22, leave out paragraphs (c) to (f).

This amendment removes the provisions about what happens where an agreement is referred back to the Negotiating Body in paragraphs (c) to (f) of Section 35(3).

Government amendments 127 to 129.

Amendment 337, page 51, line 36, leave out clause 36.

This amendment would remove Clause 36 on cases where the Negotiating Body is unable to reach an agreement about a matter

Government amendments 130 to 138.

Amendment 338, in clause 38, page 52, line 17, leave out from “remuneration” to the end of line 18 and insert—

“the worker’s remuneration is to be no less than that determined and paid in accordance with the agreement.”

This amendment relates to an agreement on a social care worker’s remuneration and is in line with sectoral collective bargaining by which a local agreement can be more but not less favourable than the national agreement.

Government amendments 139 and 140.

Amendment 339, page 52, line 25, leave out clause 39.

This amendment would remove Clause 39 on the power of the Secretary of State to deal with matters referred to the Negotiating Body.

Government amendments 141 to 153.

Amendment 340, page 55, line 16, leave out clause 45.

This amendment would remove Clause 45 which prevents agreements reached by the Negotiating Body being regarded as collective bargaining.

Government amendments 154 to 161.

Government new schedule 1—Agency workers: guaranteed hours and rights relating to shifts.

Government amendments 51 to 78 and 240.

Amendment 324, in schedule 2, page 127, line 14, at end insert—

“(1A) In section 98 of Part 10, in subsection (4)(b), at end insert “in the view of the employment tribunal”.”

This amendment would focus the determination of the question on whether a dismissal is fair or unfair on the judgment of the employment tribunal.

Amendment 325, page 127, line 14, at end insert—

“(1A) In section 98 of Part 10, in subsection (4), at end insert—

“(c) the tribunal shall take into account, in accordance with the rules of natural justice, whether or not there has been a fair investigation and a fair appeal.””

This amendment requires the employment tribunal to have regard to the rules of natural justice when determining whether or not a dismissal is fair.

Amendment 327, page 127, line 14, at end insert—

“(1A) In section 98, in subsection (1)(b) after “reason” insert “relating to the employee””

Amendment 5, page 127, line 37, leave out from “period” to the end of line 38 and insert—

“of not less than 3 months and not more than 9 months from the day on which the employee starts work.”

This amendment will ensure that the initial period of employment is between 3 and 9 months.

Amendment 326, page 127, line 38, at end insert—

“(4A) The initial period of employment specified in, or determined in accordance with the regulations shall in relation to a contract for a fixed or reasonably ascertainable term not be longer than ten percent of the duration of that term.”

Government amendment 241.

Amendment 319, page 129, line 29, at end insert—

“(5A) In section 139 (Redundancy), after subsection (1)(b) insert—

“(c) the fact that the requirements of that business—

(i) for employees with their existing contractual entitlements to carry out work of a particular kind, or

(ii) for employees with their existing contractual entitlements to carry out work of a particular kind in the place where the employee was employed by the employer,

have ceased or diminished.””

This amendment would provide for workers dismissed by a process of fire and rehire to reduce wages or other terms and conditions to be treated as redundant.

Amendment 320, page 129, line 29, at end insert—

“(5A) Omit section 155 (Qualifying period of employment).”

This amendment removes the qualifying period of two years of continuous employment for the right to a redundancy payment.

Amendment 321, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), in subsection (2), for every reference to “week”, substitute “month”.”

This amendment would increase the calculation of the appropriate amount of redundancy pay for each specified period of employment.

Amendment 322, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), omit subsection (3).”

This amendment would remove the 20-year cap on entitlement to a redundancy payment.

Amendment 323, page 129, line 29, at end insert—

“(5A) In section 162 (Amount of a redundancy payment), after subsection (3) insert—

“(4) For the purposes of this section, “year of employment” means “year of employment or part year of employment”.”

This amendment clarifies that, when redundancy pay is calculated, each part year worked is treated as a full year of employment.

Government amendments 242 and 243.

Amendment 343, in schedule 3, page 131, leave out lines 13 to 29.

This amendment would remove section 148B from Schedule 3 relating to matters within the remit of the School Support Staff Negotiating Body.

Amendment 290, page 131, leave out from the beginning of line 14 to the end of line 29 and insert—

“(1) In the case of staff employed under section 148C, matters within the SSNB’s remit are limited to the establishment of a framework to which employers of school support staff must have regard when discharging their functions.

(2) A framework under subsection (1) must include information on—

(a) the remuneration of school support staff;

(b) the terms and conditions of employment of school support staff;

(c) the training of school support staff;

(d) career progression for school support staff; and

(e) related matters.”

(3) In the case of staff employed under subsection (3)(a) of section 148C, the matters within the SSSNB’s remit are matters relating to the following—

(a) the remuneration of school support staff;

(b) terms and conditions of employment of school support staff;

(c) the training of school support staff;

(d) career progression for school support staff.

(4) The Secretary of State may by regulations provide that, for the purposes of subsection 5—

(a) a payment or entitlement of a prescribed kind is, or is not, to be treated as remuneration;

(b) a prescribed matter is, or is not, to be treated as relating to terms and conditions of employment of school support staff;

(c) a prescribed matter is, or is not, to be treated as relating to the training of school support staff;

(d) a prescribed matter is, or is not, to be treated as relating to career progression for school support staff.”

This amendment would change the matters within the SSNB’s remit, limiting it to the creation of a framework to which school employers should have regard but do not need to follow.

Amendment 341, page 131, line 15, leave out from “are” to the end of line 19 and insert—

“matters relating to or connected with matters in Section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992.”

This amendment would extend the remit of the School Support Staff Negotiating Body to the list of matters for collective bargaining set out in Section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992.

Amendment 342, page 131, line 19, at end insert—

“(e) a procedure for the resolution of disputes at employer, regional and national level, including the power to refer a dispute to ACAS for conciliation and mediation and, if not then resolved, entitlement to refer the matter to the Central Arbitration Committee to resolve the dispute, the decision of the latter being binding;

(f) Any other matter agreed to be the subject of negotiation by the parties.”

This amendment would add a dispute resolution procedure to the matters within the remit of the the School Support Staff Negotiating Body.

Government amendments 244 and 245.

Amendment 344, page 139, leave out lines 3 to 34.

This amendment would remove section 148Q from Schedule 3 relating to guidance issued by the School Support Staff Negotiating Body.

Amendment 304, in schedule 4, page 144, line 22, at end insert—

“(ia) for “120 occasions” substitute “52 occasions”;”

This amendment applies the requirement for national minimum wage equivalence declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 305, page 145, leave out from the beginning of line 35 to the end of line 3 on page 146 and insert “52 occasions”.

This amendment applies the requirement for remuneration declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 306, page 149, leave out lines 15 to 18 and insert “52 occasions”.

This amendment applies the requirement for safe working declarations to ships providing a service entering a harbour on more than 52 occasions during a relevant year.

Amendment 307, page 150, line 26, at end insert—

“Regulations relating to other working conditions

4H Regulations relating to other working conditions

(1) Regulations may specify conditions relating to other working conditions of seafarers who carry out work relating to the provision of a relevant service, including conditions about the provision of—

(a) sick pay,

(b) holiday pay

(c) pensions,

(d) training on matters other than those specified in section 4E(5).

(2) In this Act, regulations under subsection (1) are referred to as “regulations relating to other working conditions”.

(3) Regulations relating to other working conditions may impose requirements on the operator of a relevant service.

(4) Regulations relating to other working conditions may apply to—

(a) all relevant services, or

(b) one or more relevant services of a specified description.

(5) For the purposes of subsection (5)(b), a service may be described by reference to (among other things) the route operated by the service.

Declarations relating to other working conditions

4I Request for declaration relating to other working conditions

(1) Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which regulations relating to other working conditions apply will enter, or have entered, its harbour on at least 52 occasions during a relevant year (see section 19 for the meaning of “relevant year”).

(2) The harbour authority must, within such period as is determined by regulations under this subsection, request that the operator of the service provide the authority with a declaration relating to other working conditions in respect of the service for the relevant year.

(3) The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).

(4) A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—

(a) in England and Wales, to a fine, or

(b) in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

4J Nature of declaration relating to other working conditions

(1) A declaration relating to other working conditions in respect of a service for a relevant year is a declaration within any of subsections (2) to (5).

(2) A declaration is within this subsection if it is provided before the beginning of the relevant year and it is to the effect that the relevant working conditions will be met in relation to the service in the relevant year.

(3) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that the relevant working conditions will be met in relation to the service in what remains of the relevant year.

(4) A declaration is within this subsection if it is provided during the relevant year and it is to the effect that—

(a) the relevant working conditions have been met in relation to the service in so much of the relevant year as has already occurred, and

(b) the relevant working conditions will be met in relation to the service in what remains of the relevant year.

(5) A declaration is within this subsection if it is provided after the end of the relevant year and it is to the effect that the relevant working conditions were met in relation to the service in the relevant year.

(6) For the purposes of this section the relevant working conditions are met in relation to a service at a particular time if at that time the service is operated in compliance with regulations under section 4H(1) that apply to the service.

(7) References in subsection (6) to the operation of a service include references to its operation outside the territorial waters of the United Kingdom.”

This amendment inserts an additional power to make regulations and matching declaration requirements for a broader range of working conditions of seafarers.

Amendment 308, page 151, line 17, at end insert—

“(iv) section 4J(4) or (5),”.

This amendment is consequential on Amendment 307.

Amendment 309, page 151, line 39, at end insert—

“(iv) within subsection (3) of section 4J (and not also within subsection (4) of that section),”.

This amendment is consequential on Amendment 307.

Amendment 310, page 152, line 7, leave out “or safe working declaration” and insert—

“safe working declaration or declaration relating to other working conditions”.

This amendment is consequential on Amendment 307.

Amendment 311, page 152, line 12, leave out “or safe working declaration” and insert “safe working declaration or declaration relating to other working conditions”.

This amendment is consequential on Amendment 307.

Amendment 312, page 152, line 30, at end insert—

“(iii) information relating to matters that are the subject of regulations relating to other working conditions.”

This amendment is consequential on Amendment 307.

Amendment 313, page 153, line 27, at end insert “or

“(d) a declaration relating to other working conditions;

“declaration relating to other working conditions” has the meaning given by section 4J(1);”.”

This amendment is consequential on Amendment 307.

Amendment 314, page 153, line 31, at end insert—

“regulations relating to other working conditions has the meaning given by section 4H(2);”

This amendment is consequential on Amendment 307.

New clause 96—Annual report on application of changes in Parts 4 and 5 to seafarers—

“(1) The Secretary of State must lay before each House of Parliament an annual report extent to which the changes provided for in Parts 4 and 5 of this Act (“the relevant changes”) apply to seafarers.

(2) Each annual report must describe—

(a) so far as appropriate, whether each relevant change applies or is intended to apply at the time of its commencement to seafarers on a relevant service within the meaning given by section 1 of the Seafarers (Wages and Working Conditions) Act 2023;

(b) any proposals by the Secretary of State to apply any relevant change to such seafarers subsequent to commencement;

(c) the extent to which the application of the relevant changes to seafarers is affected by any change or prospective change to the Maritime Labour Convention, adopted on 23 February 2006 by the International Labour Organisation.

(3) The first annual report under this section must be laid before each House of Parliament within three months of the passing of this Act.”

Government amendments 227 to 235.

Amendment 6, in clause 129, page 119, line 25, at end insert—

“(aa) section [Working Time Council];”.

This amendment is consequential on NC25.

Amendment 301, page 120, line 11, at end insert—

“(q) section [Annual report on application of changes to employment rights to seafarers];

(r) section [Annual report on provisions relating to seafarers]

(s) section [Annual report on application of changes in Parts 4 and 5 to seafarers]”

This amendment provides for the coming into force of NC94, NC95 and NC96 two months after the passing of the Act.

Amendment 283, page 120, line 13, at end insert—

“(3A) But no regulations under subsection (3) may be made to bring into force sections 1 to 6 of this Act until the findings of the report under section [Impact on employment tribunals: sections 1 to 6] have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

This amendment would prevent the Bill’s provisions on zero hours workers coming into force until the review of the impact on the employment tribunals of the Bill’s provisions on zero hours workers had been assessed and approved by Parliament.

Amendment 284, page 120, line 13, at end insert—

“(3A) But no regulations under subsection (3) may be made to bring into force section 7 of this Act until the findings of the report under section [Consultation and assessment on the right to request flexible working] have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

Amendment 285, page 120, line 13, at end insert—

“(3A) But no regulations under subsection (3) may be made to bring into force section 18 of this Act until the findings of the report under section [Employer duties on harassment: impact assessment] have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

Amendment 286, page 120, line 13, at end insert—

“(3A) But no regulations under subsection (3) may be made to bring into force section 21 and Schedule 2 of this Act until the findings of the report under section [Unfair dismissal: impact assessment] have been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

Government amendments 246, 248 and 250.

Amendment 274, in schedule 10, page 190, line 36, leave out paragraph 17 and insert—

“(17) In section 123 of the Equality Act 2010 (discrimination etc at work), in subsection (1)(a)―

(a) for “3” substitute “6”; and

(b) at end insert―

“(ab) for cases involving sexual harassment, the period of 12 months starting with the date of the act to which the complaint relates, or””.

This amendment would increase to 12 months the time limit for bringing employment tribunal claims relating to sexual harassment.

Government amendments 262 and 263.

[Justin Madders]

I start by referring to my entry in the Register of Members’ Financial Interests, as I have done throughout the passage of the Bill. I thank Members in all parts of the House for their valuable contributions throughout the passage of the Bill to date, and in particular my hon. Friend the Member for Llanelli (Dame Nia Griffith) for her assistance in taking the Bill through Committee, and the other members of the Public Bill Committee for providing substantial debate and scrutiny.

The Government’s plan to make work pay is a core part of our mission to grow the economy, raise living standards across the country and create opportunities for all. It will tackle the low pay, poor working conditions and poor job security that have been holding our economy back. The Bill is the first phase of delivering our plan to make work pay, supporting employers, workers and unions by raising the minimum floor of employment rights, raising living standards across the country and levelling the playing field for those businesses that are engaged in good practice.

This is a landmark Bill that, once implemented, will represent the biggest upgrade in employment rights for a generation. It is therefore important that we get the detail right. The amendments being put forward by the Government directly demonstrate our commitment to full and comprehensive consultation on the detail of the plan to make work pay. On 4 March, we published five consultation responses relating to key areas of the Bill. That package represents the first phase of formal public consultations on how best to put our plans into practice. We have also undertaken extensive engagement with more than 150 stakeholder organisations, in addition to the formal consultations.

We have made great efforts to listen to the range of views from businesses, trade unions, representative organisations, civil society and others. The insights gained have been invaluable in informing the amendments to ensure the Bill works in practice, both for workers and for businesses of all sizes across the whole country. The amendments will strengthen the Bill, providing further detail and clarity on measures and ensuring such measures can be implemented in a straightforward way.

I turn to the detail of the amendments. The Government have tabled a range of amendments in relation to zero-hours measures. These amendments will help ensure that the zero-hours contract reforms work for workers and employers, supporting a culture where secure work and prosperous growth go hand in hand. Amendments in relation to clause 1, covering the right to guaranteed hours, will clarify requirements where a worker works for an employer under more than one contract at the same time; clarify that under a guaranteed hours offer, if it is accepted, work must be provided by the employer for the hours set out and that those hours must be worked by the worker; and enable a worker to take a case to an employment tribunal on the ground that an employer deliberately structured the worker’s hours or offered work in such a way as to make a reduced guaranteed hours offer or to avoid having to make an offer at all.

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[Justin Madders]

I have begun to consider it, as that legislation is now a quarter of a century old and needs looking at in the light of experiences in a number of the scandals that have been mentioned. We are considering where we go next on whistleblowing legislation.

To conclude, Britain’s working people and businesses are the driving force of the UK economy, and the Bill will help to create a labour market that delivers for both. It will deliver significant benefits to the UK, including better working conditions, more secure work, reduced inequalities and improved industrial relations. I appreciate that I have outlined a lot of detail today, but it is important to remember that, as is typical with any legislation of this nature, many of the policies will be provided for through regulations and, in some cases, through codes of practice. We expect further consultations on these reforms to begin later in the year, when we will seek significant input from stakeholders.

I am grateful for Members’ efforts to improve the Bill, and for their scrutiny and debate so far. I look forward to hearing further debate this afternoon.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.

[Greg Smith (Mid Buckinghamshire) (Con)]

After 21 sittings in the Public Bill Committee, the Government are still tabling hundreds of amendments to the Bill. That highlights once again that their false political deadline of 100 days in which to publish the Bill was foolhardy. They should have taken better time.

This is a bad Bill. Although it contains many good and well-intentioned measures, the Government have failed to get the balance right between employees and employers. Although I welcome some of the Minister’s comments—not least on bereavement leave for pregnancy loss, on which we spoke at length and agreed in Committee—I am afraid that the Government have got the balance wrong in the vast majority of the Bill. The amendments in the names of right hon. and hon. Friends in His Majesty’s loyal Opposition seek to highlight how the Bill simply goes too far in too many regards: it will affect our economy, it will affect the number of people who have a job, and it will affect the willingness of employers—the wealth and job creators—to take on new staff, to grow, to put new product lines in place and to keep employing people.

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[Mrs Russell]

On a point of order, Madam Deputy Speaker. The shadow Minister is in danger of misleading the House. Nothing that he has referred to is a crime. Sexual harassment, as dealt with in this Bill, is a civil matter dealt with by tribunal.

[Madam Deputy Speaker (Caroline Nokes)]

I thank the hon. Lady for her point of order. That was in fact a point of debate, rather than a point of order.

[Greg Smith]

I will get back to James Murray, the legal director of Doyle Clayton, who has pointed out that this clause could well cause difficulties for universities in offering those platforms to discuss issues where people have differing views. He said:

“If we think about a speaker that has been invited—say it’s a controversial gender critical speaker, like Julie Bindel or Kathleen Stock—someone might somewhat disingenuously say”

that they are an employee of the university and that they find what they say to be deeply harassing. He also said:

“The concern is that this will shift the balance away from free speech and universities will be more risk averse as they won’t want to be held liable for third-party harassment.”

Why do the Government want to run that risk?

There is then the burden on businesses, particularly in the hospitality sector.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Caroline Nokes)]

Order. Before I call the Chair of the Business and Trade Select Committee, I want to make clear that I will then call Steve Darling, the Liberal Democrat spokesperson. Immediately after Mr Darling, there will be a six-minute time limit. I call Liam Byrne.

[Liam Byrne]

Thank you very much indeed, Madam Deputy Speaker. I am going to be very brief—I will just make three quick points—and will do my best to salvage a degree of consensus from the conflict that has characterised this debate at its outset.

If there are a couple of things that unite us across this House, it is that we all believe in fair play, and we all believe in an honest day’s pay for an honest day’s work. However, the reality is that millions of workers in this country are simply not earning their fair share of the wealth that we produce together. If labour income were the same share of national income as it was back in the 1950s, something like £12,000 a year would go into the pay packets of every single one of the 33.8 million workers in this country. As such, following a decade that has seen 4 million people trapped in low pay and during which we have had a living standards crisis, it behoves each and every one of us to think more creatively and constructively about how we support workers in this economy to earn a good life for them and their family.

We on the Business and Trade Committee have the privilege of hearing from some of the best employers in the country, but we also have the duty of interrogating many firms that, frankly, have been letting down our country. I will highlight three examples, in order to illustrate some of the amendments that have been tabled in my name and in the names of other right hon. and hon. Members. They are not amendments that I wish to press to a Division; they are probing amendments, on which I think the Minister needs to provide the House with some answers.

I will start with McDonald’s, which I referenced in an earlier intervention. It is one of the most significant employers in our country, employing over 200,000 people. Some 90% of McDonald’s workers are on zero-hours contracts. On the day of our hearing, a BBC investigation by Zoe Conway, its employment correspondent, exposed the reality that hundreds of McDonald’s employees were contacting the BBC and the EHRC with allegations of the most appalling harassment. We heard about the case of a 17-year-old McDonald’s worker who alleged that she was being asked for sex in return for a manager giving her the shifts that she wanted—how on earth can that be acceptable in today’s economy? Yet when we put that point to the chief executive of McDonald’s and asked, “Do you think that the imbalance of power that has flourished in McDonald’s because 90% of your workers are on zero-hours contracts has anything to do with this litany of abuse, or with 700 workers contacting their solicitors to bring a case against McDonald’s?”, the answer was no. It was an absolutely extraordinary denial of reality.

We then heard from Evri, which, as many people know, is one of the most significant courier firms in the country, employing tens of thousands of people. Mr Hugo Martin came before our Committee to give evidence, and told us that all at Evri was sweetness and light. However, the Committee has now received hundreds upon hundreds of complaints from whistleblowers, alleging that they are being cheated and undercut, most recently through the rate cuts, the packet racket which is still persisting, health and safety abuses at work, intimidation, bullying and harassment. They are being told repeatedly that their shifts will be cut, or that they will be out of the door if they do not work six days a week. Our constituents are experiencing this completely unacceptable behaviour.

I must be careful about scope at this point, Madam Deputy Speaker, but we also heard from the company Shein, which could not even tell us whether the products that it made contained cotton from China. We were simply trying to understand whether workers in our country were being undercut by an abuse of modern slavery practices abroad.

I say to the House that although we may have our differences on the Bill, we must accept the reality that millions of people in this country—millions of the people we are sent here to represent—are being treated in a way that should be unacceptable in a 21st-century economy. What the good employers told the Committee, time and again, was that they supported the spirit of the Bill, although of course they had concerns about the detail, and it is good that the Minister is listening. What they did not want to see persist was the situation that they feared, in which the good firms were being undercut by the bad. We must have a level playing field in this country: that will be a necessity if we are to win a global race to the top.

My amendments 275 to 277 suggest alterations to the zero hours regime that the Minister has set out. I think we should abolish the definition of “low hours” in contracts. I accept the evidence that was given to us by Paddy Lillis, the brilliant general secretary of the Union of Shop, Distributive and Allied Workers, that retaining the definition creates a risk of loopholes that will be exploited by bad employers.

Amendments 278 to 281, which might be termed the McDonald’s amendments, urge the Secretary of State to put on the face of the Bill a definition of “reasonable notice” in relation to the moving of shifts and the compensation that should be entailed in the event of unreasonable shift movements. We need to ensure that our workers, particularly young workers, are never again subjected to the kind of abuse that we have seen unfold at McDonald’s. Those days must be consigned to the past.

New clause 80, which might be described as the Evri amendment, creates an obligation and duty for the Secretary of State to bring to the House, within six months of the Bill’s coming into the force, the final version of a review of the single status of workers. We heard compelling evidence from the director of Labour Market Enforcement, who told us that the Government, Ministers and civil servants could consult

“until the cows come home”.

We could put off the consultation about the different definitions of “worker” for ever and a day, when what we need to do is end the kind of abuse that we see at Evri now. Ensuring that these loopholes are closed so that bogus self-employment is no longer a loophole through which bad employers abuse honest workers: I should like to see the Minister step up to that requirement.

New clause 81, which we might call the Shein amendment, requires the Government to update the Modern Slavery Act 2015, and section 54 in particular, to ensure that the employment rights granted in the Bill are not undermined by companies operating in this country that are abusing this legislation. At the time the Modern Slavery Act was world-leading legislation, but we heard clear evidence from companies such as Tesco that this country risked becoming a “dumping ground” for bad products produced by workers exploited abroad. We cannot allow this country, which led the abolition of slavery, to be a country in which we have second-class protections against modern slavery in the 21st century, and I should therefore welcome a commitment from the Minister on when the Act will be updated.

We welcome some of the Government amendments, particularly the enhanced protection for agency workers and the action on umbrella companies. Both are recommendations in the Committee’s excellent report, which I commend to all Members. I hope that, as a result of this debate, we can salvage some consensus. The Bill will go through today, and this will be the biggest overhaul of employment rights in the country. We must ensure that it lasts for the future, and the more we can do to bring a cross-party consensus around that simple idea that all workers—all constituents—in the country should have the right, the power and the freedom to earn a good life for themselves and their families, and the sooner we can do it, the better.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

[Steve Darling (Torbay) (LD)]

The holy grail sought by all Governments, of whichever hue, is economic growth. I therefore think it important for us to look through the lens of economic growth, and to think about whether the Bill drives it. I recall from my time in Committee, where I spent many hours listening to the oratory of the hon. Member for Mid Buckinghamshire (Greg Smith), that we spoke a great deal about productivity and whether it would be driven by the Bill.

I have spoken about the possible impact of the Bill to people in my community, including representatives of Enlightened HR and Alison Bennett, a human resources consultant, for whom its destination was very welcome. Indeed, we have heard from many other people who have been consulted that the Bill’s destination and aspirations are correct and appropriate, but it is a question of how we get there and whether the Government have achieved the right balance between employers and employees. That is important, because the last thing we want the Bill to do is have a chilling effect on the economy. We are only too well aware that the national insurance contributions that are set to kick in next month are already having that negative impact, and we do not want this well-intended Bill to echo that further.

There are 250 amendments before us at this late stage of the legislation. The Minister says that that is due to levels of consultation and so forth and should be welcomed, and that we are trimming our sails, but if that is the case, and if the Minister was in such listening mode in Committee, why did the Government accept no Opposition amendments whatsoever? I should welcome some reflections from the Minister when he winds up the debate.

As a Liberal Democrat, and the Liberal Democrat spokesman for the Department for Work and Pensions, I can say that carers are at the front and centre of our world. What is effectively the population of Portsmouth—200,000 people a year, or 600 a day—walk away from the employment market to take up caring occupations and, in many instances, support family members. That has an £8 billion annual impact on our economy, which leaves us less productive. I hope that the Government will give serious thought to our amendment to make leave for carers a paid opportunity, because giving them that flexibility and that breathing space would unlock more people for our employment market.

Our proposal to make caring a protected characteristic is extremely important. We have already heard about harassment and discrimination in connection with other parts of the Bill, but this would help immensely to support carers. Doubling the pay of those taking adoption leave is also important, as is support for people who take caring roles such as kinship care. I hope that the Ministers will take those family roles into account.

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[Antonia Bance]

Does the right hon. Member accept that someone choosing to take on an irregular contract when they are at the high end of the pay scale with significant professional skills and expectations for the future is very different from the endemic insecurity at the bottom of the labour market, which is where zero-hours contracts are concentrated? Some 83% of people on a zero-hours contract—

[Madam Deputy Speaker (Caroline Nokes)]

Order. I think the hon. Lady is in fact making her speech, rather than an intervention. [Interruption.] Oh, her speech will come tomorrow.

[Damian Hinds]

The hon. Member is right: of course those things are different, but with the dawning realisation I had back then, I started to wonder who else might take a zero-hours contract? Yes, it is true that disproportionately they are young people, but for quite a lot of people a zero-hours contract is for a second job. I would be interested to hear from the Government their assessment of that. It turned out, when we looked at this in 2016, that one of the biggest users of zero-hours contracts in the country was none other than the national health service, so that it could cope with increases in demand. These were people who had a permanent job as well, but who could, as bank staff, supply other hours when that was needed.

For this Government, it is totemic to do something about zero-hours contracts because of that Labour mythology. For the unions, there is also another reason. This is classic insider-outsider theory, with a shift in remuneration from people who are not in work to people who are already in work, and it pushes up what is called the non-accelerating inflation rate of unemployment. In plain English, it is bad for jobs. The Chancellor of the Exchequer must know that because, as we all know, she is most definitely an economist—she has worked as an economist, she has trained as an economist and she is an economist—and this is classical economic reality.

For whom might zero-hours contracts work well? They work well for any employer with an unpredictable, variable need for workers—from the events business to the NHS, as I have mentioned—and there are other obvious cases in tourism, agriculture and food. However, some people may just choose to have that flexibility. Over the last two years it has been a seller’s market to go into teaching, but some people have still chosen to become a supply teacher because, for whatever reason, for them that works well.

The other group for whom this may work are those furthest from the labour market, who have perhaps been out of work for a very long time, who perhaps are ex-offenders, or who for some other reason find it difficult to immediately land a regular, full-time job. When this is combined with universal credit—which, by the way, the right hon. Member for Islington North also wanted to abolish—it can work very well, because the top-up payment can be adjusted according to how much someone earns week to week.

This Bill is bound to have unintended consequences. We do not know exactly which ones they will be, but I will suggest some of them. It could suppress seasonal peaks in employment—for tourism in the summer, but also at Christmas time—because employers will not want to take on the liability from the reference period. It could deter people from second jobs, which will be bad for growth. It could mean people move from contracted employment to self-employment or casual work. It could mean a move from permanent contracts to temporary contracts and, yes, it could hit our national health service and other important public sector employers.

I do not doubt that this piece of legislation will be good for unions, but it will be bad for the economy and bad for growth, and it will be especially bad for people in the hardest circumstances who so badly want to get back to work, and for whom this kind of contract can also be that important first step.