Draft Code of Practice on the Right of Trade Unions to Access Workplaces;
Draft Trade Unions (Right to Access Workplaces) Regulations 2026
Debate between Grahame Morris and Kate Dearden(2Â weeks, 5Â days ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Kate Dearden
I thank my hon. Friend for his intervention, which is appreciated. I outlined the rationale for the threshold aligning with the statutory recognition framework. Below the 21-worker threshold, they are still voluntary, and many trade unions are recognising smaller and micro employers. Where we can encourage good co-operation and working with trade unions, we will always do that.
As I said, SMEs in particular are the backbone of our economy—I come from a small business family and know just how hard small businesses work, day in, day out for our communities and in all our constituencies.
Grahame Morris
I am grateful for the Minister’s engagement, but can I point out a practical problem in the context of seafarers? With the vast majority of the merchant fleet not flagged with GB owners, the problem—including on the ferries and so on that are working out of British ports for more than 120 days a year—is that there is a relatively small number of UK-based seafarers, perhaps fewer than 21, among the complement of a crew. The Government have set that arbitrary figure, and I can understand what the Minister is saying in relation to small businesses more generally on terra firma, but I think a bit of flexibility needs to be applied in the maritime setting.
While I am on my feet—forgive me, Mr Stringer; I do not want to interrupt again—we are seeking assurances in relation to that threshold and the fines that were being applied. If the Minister is unable to give that assurance within the context of these statutory instruments, could we could press for a meeting with the Minister so that we can explore the options that might be available?
Kate Dearden
I thank my hon. Friend and promise him that I will get to his points—particularly on seafarers as well as the wider review—shortly. I will respond and touch on a lot of those points, and I hope that colleagues always know that I am available for conversations on all areas of my brief.
The shadow Minister raised small businesses. I have touched on how important they are and how committed we are to working with them, whether under the Employment Rights Act or across our Department and Government. On the ERA, as he mentioned, we are working closely with SMEs, particularly on the consultations. We are hearing their views and their considerations are essential to all our work. We are providing that guidance and working closely with ACAS to provide training, support and resources.
The phased implementation has been really important throughout the past two years in terms of guidance of when changes will be introduced under the Employment Rights Act. We are absolutely committed to working closely with our small businesses, which are the backbone of our economy. In addition, we are giving them support, whether it is in small business strategy, the work we are doing on payments, access to finance or open opportunities for exports and trade. We are always keen to work with our small businesses and give them the support that they need.
Before I respond to the contribution from colleagues on my side of the Committee, for which I thank them again, I want to say that the Conservatives often talk about workers’ rights. The shadow Minister, the hon. Member for Bromsgrove, mentioned the pro-worker, pro-business angle, which I have addressed consistently in the approach to this legislation, but he mentioned workers’ rights as though they are a threat to business. As discussed in detail in a delegated legislation Committee yesterday, good employment relations are a sign of strength and a successful economy. That is part of our promise to strengthen workers’ rights. These regulations give trade unions the proper power and ability to organise, while keeping the clear safeguards that I mentioned in my opening remarks. That is how we have arrived at a sensible and proportionate framework.
I thank my hon. Friends, who raised a number of issues. I absolutely share their ambition for a strong and effective right of access. These regulations are an important part of making that right real. We will judge the framework on whether it helps workers to organise in practice and gives them a meaningful route to deliver the policy objectives set out in the Employment Rights Act, which many colleagues have spoken about today.
Engaging with workers for those statutory access purposes is essential. That is why, as I mentioned in my opening remarks, we have committed to a review within six months of implementation. It will look at many of the practical issues that colleagues have raised, including the operation of the enforcement regime, and whether the penalty regime remains proportionate and effective in encouraging compliance.
Draft Code of Practice on the Right of Trade Unions to Access Workplaces
Draft Trade Unions (Right to Access Workplaces) Regulations 2026
Debate between Grahame Morris and Kate Dearden(2Â weeks, 5Â days ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Kate Dearden
I thank my hon. Friend for his intervention, which is appreciated. I outlined the rationale for the threshold aligning with the statutory recognition framework. Below the 21-worker threshold, they are still voluntary, and many trade unions are recognising smaller and micro employers. Where we can encourage good co-operation and working with trade unions, we will always do that.
As I said, SMEs in particular are the backbone of our economy—I come from a small business family and know just how hard small businesses work, day in, day out for our communities and in all our constituencies.
Grahame Morris
I am grateful for the Minister’s engagement, but can I point out a practical problem in the context of seafarers? With the vast majority of the merchant fleet not flagged with GB owners, the problem—including on the ferries and so on that are working out of British ports for more than 120 days a year—is that there is a relatively small number of UK-based seafarers, perhaps fewer than 21, among the complement of a crew. The Government have set that arbitrary figure, and I can understand what the Minister is saying in relation to small businesses more generally on terra firma, but I think a bit of flexibility needs to be applied in the maritime setting.
While I am on my feet—forgive me, Mr Stringer; I do not want to interrupt again—we are seeking assurances in relation to that threshold and the fines that were being applied. If the Minister is unable to give that assurance within the context of these statutory instruments, could we could press for a meeting with the Minister so that we can explore the options that might be available?
Kate Dearden
I thank my hon. Friend and promise him that I will get to his points—particularly on seafarers as well as the wider review—shortly. I will respond and touch on a lot of those points, and I hope that colleagues always know that I am available for conversations on all areas of my brief.
The shadow Minister raised small businesses. I have touched on how important they are and how committed we are to working with them, whether under the Employment Rights Act or across our Department and Government. On the ERA, as he mentioned, we are working closely with SMEs, particularly on the consultations. We are hearing their views and their considerations are essential to all our work. We are providing that guidance and working closely with ACAS to provide training, support and resources.
The phased implementation has been really important throughout the past two years in terms of guidance of when changes will be introduced under the Employment Rights Act. We are absolutely committed to working closely with our small businesses, which are the backbone of our economy. In addition, we are giving them support, whether it is in small business strategy, the work we are doing on payments, access to finance or open opportunities for exports and trade. We are always keen to work with our small businesses and give them the support that they need.
Before I respond to the contribution from colleagues on my side of the Committee, for which I thank them again, I want to say that the Conservatives often talk about workers’ rights. The shadow Minister, the hon. Member for Bromsgrove, mentioned the pro-worker, pro-business angle, which I have addressed consistently in the approach to this legislation, but he mentioned workers’ rights as though they are a threat to business. As discussed in detail in a delegated legislation Committee yesterday, good employment relations are a sign of strength and a successful economy. That is part of our promise to strengthen workers’ rights. These regulations give trade unions the proper power and ability to organise, while keeping the clear safeguards that I mentioned in my opening remarks. That is how we have arrived at a sensible and proportionate framework.
I thank my hon. Friends, who raised a number of issues. I absolutely share their ambition for a strong and effective right of access. These regulations are an important part of making that right real. We will judge the framework on whether it helps workers to organise in practice and gives them a meaningful route to deliver the policy objectives set out in the Employment Rights Act, which many colleagues have spoken about today.
Engaging with workers for those statutory access purposes is essential. That is why, as I mentioned in my opening remarks, we have committed to a review within six months of implementation. It will look at many of the practical issues that colleagues have raised, including the operation of the enforcement regime, and whether the penalty regime remains proportionate and effective in encouraging compliance.