Employment Rights Bill

Ian Lavery Excerpts
2nd reading
Monday 21st October 2024

(5 months, 2 weeks ago)

Commons Chamber
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Ian Lavery Portrait Ian Lavery (Blyth and Ashington) (Lab)
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I refer the House to my declaration of interests.

The Employment Rights Bill is most welcome. It has been described by some on the Conservative Benches as a horror show. It is definitely not a horror show. It is described as a trade union Bill. I remind Opposition Members that it was the Conservative Government who introduced the Trade Union Act 2016, among many other anti-trade union pieces of legislation. One of the best things in this Bill is the repeal of much of what was in the 2016 anti-trade union legislation. This is the first time in my time as a Member of Parliament that there has been any repeal of anti-trade union legislation. I have to say that, like many other trade unionists and many other people in the workplace, I welcome that fact. Labour recognises that the relentless attacks on the trade union movement—the battering of ordinary working people from pillar to post—cannot and should not continue.

Andy McDonald Portrait Andy McDonald
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Does my hon. Friend agree that the Strikes (Minimum Service Levels) Act 2023 was a deliberate attempt to undermine people in the workplace? It was completely ignorant of the fact that the unions provide minimum service levels throughout some of the most difficult circumstances. Does that not tell us a lot about the previous Conservative Government?

Ian Lavery Portrait Ian Lavery
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Thanks for that intervention. Of course it says a lot about the previous Conservative Government. We on the Labour Benches should always remember and never forget what the Conservatives do whenever they are cornered or in difficulty: they revert to type and attack the trade union movement. That is what they do and have always done. You have seen some of the contributions here this evening. [Interruption.] Do you want to intervene? [Interruption.] Oh, so are you just going to continue to chunter? And when I give the opportunity of saying something responsible—

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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Order. The hon. Gentleman can sit. He has been here long enough to know that when he says “you”, he is referring to me. I sometimes let it pass when it is new Members who are not quite used to it, but he should know better.

Ian Lavery Portrait Ian Lavery
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My apologies, Madam Deputy Speaker. Yes, you are right, I should. I was being chuntered at by a Member on the Opposition Front Bench. My deepest apologies.

As I say, we must remember that the Conservatives revert to type.

Suella Braverman Portrait Suella Braverman (Fareham and Waterlooville) (Con)
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The hon. Gentleman is doing a very impressive impersonation of Arthur Scargill. The reality is that the Conservative Government left office with 4 million more people in work compared with the Labour inheritance, a growing economy and a smashed deficit. That is something we are proud of on this side of the House.

Ian Lavery Portrait Ian Lavery
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Thanks for the compliment.

I was saying that the Bill simply restores the balance. It seeks to reverse the injustice meted out to the trade unions and working people, and to rebuild the workplace that was ideologically destroyed by the Conservative Government. These are the first steps and they are so, so welcome. I have fought for them all my life. They are the first steps in a long journey, but look at what we have done within the first 100 days. I have only mentioned a few.

As my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) says, we are repealing the minimum service levels laws and most of the Trade Union Act 2016, and ensuring that individuals have employment rights from day one, including sickness pay, although there is an argument that sickness pay is far too low. We are looking at bereavement payments and so on from day one. We are looking to address the scourge of zero-hours contracts. We are looking to address the scourge of fire and rehire. We are looking to introduce flexible working and entitlements to paternity and parental leave. We do this because it is the right thing.

I could spend hours outlining what I think is right in the Bill and perhaps some things we need to focus on in the coming weeks, but I will not do that. The reality is that this is a historic Bill that sets a framework for fairness for generations to come. Remember, the louder the screams from the Conservative party—the screaming, shouting and chuntering—the more we on the Labour Benches know that we are winning the argument. We know we are doing the right thing, so however loud you shout, we welcome it.

Employment Rights Bill

Ian Lavery Excerpts
Ian Lavery Portrait Ian Lavery (Blyth and Ashington) (Lab)
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It is a pleasure to speak in the debate, following the speech from the shadow Minister, the hon. Member for Mid Buckinghamshire (Greg Smith). I have to remind him that trade unionists are the bedrock of our communities. They are the producers of the wealth in this country. They are taxpayers, and they are ordinary, hard-working people. They should not be described as, basically, the dirt on the shoes of other people. The shadow Minister could hardly hide his disdain for ordinary working people; he could not hold himself back from opposing everything in the Bill.

I begin by declaring my interest as a proud trade union member—a member of the National Union of Mineworkers and Unite the union, and an honorary member of the Prison Officers Association—and as the chair of the trade union group of Labour MPs.

It is a pleasure to speak about a piece of legislation that turns the tide on decades of anti-trade union laws—laws that have restricted the power of workers and seen the wealth of those at the top grow exponentially. On a personal note, let me say that it is fitting that the Bill should be before the House this week. Last Wednesday marked 40 years since I—along with my father, who has sadly passed on, my brothers and thousands of my colleagues—marched back to work at the end of the miners’ strike. The fact that, although bruised and battered, I am still here today speaking about the Bill proves that while the party of vulture capital may have won a victory in 1985, they did not win the war. This is a good Bill, but it could have been a lot better. Through further time, further discussion and further legislation, it will prove to be a great Bill, and I believe that the new clauses and amendments that I have tabled would strengthen and enhance it.

Workers in the UK have never, ever had the right to strike, but since 1906 their unions have had protection against common-law liability, subject to the meeting of statutory conditions. New clause 108 would establish a positive right to strike, bringing the UK into line with most of the democratic world. It would also remove provisions that make strike action unlawful if it turns out, retrospectively, that the action the workers took was unofficial. That is important, because workers currently have to take it in good faith that the union has managed to navigate the bureaucracy of taking action, and that unscrupulous bosses cannot summarily dismiss them if it has not.

New clause 109 is wide-ranging. The UK’s ban on secondary action is almost unique in the world, condemned on every occasion when the International Labour Organisation has considered the position since 1989. When P&O Ferries flouted its legal obligations by not consulting over mass dismissals and by dismissing people unfairly, the unions were unable to react by calling on dock workers, lorry drivers and workers in other industries on the dockside to boycott the vessels in dispute. That was outrageous: we need to bring back solidarity action. I want to support people in industrial disputes, and new clause 109 would put situations like that right by ending the ban on secondary action. It would remove the need to provide a ballot paper to the employer, remove the obligation on unions in long-running disputes to rerun the ballot every six months, and enable industrial action to achieve recognition for collective bargaining.

Amendments 347 and 348 would change the requirements for notification about the results of a union ballot, meaning that they could be displayed online with easy access for the public. Amendments 345 and 346 would remove the restriction confining pickets to the worker’s workplace. The reason secondary picketing was banned in the first place was the fact that it was a tool that benefited workers and advanced their cause. Solidarity action should be an important part of seeking the resolution of disputes.

The Bill brings measures that aim to end discrimination and place equality at the heart of the workplace. It gives key workers in social care and school support more say in pay and conditions through their unions. It brings measures to tackle exploitative zero-hours contracts, gives protection against unfair dismissal from day one, and extends sick pay rights. It repeals minimum service level laws and the majority of the reactionary Trade Union Act 2016, provides greater rights for workers to organise collectively through their trade unions, and reduces bureaucracy affecting trade unions during industrial action processes.

The howls of derision from Opposition Members show that the Labour Government are doing the right thing. This is a good Bill that should mark the start of a process. I hope that my hon. Friend the Minister, who has done a fantastic job, understands that we are all just trying to strengthen the Bill through our amendments. While we accept those howls of derision from the Conservatives, it is worth reminding the House, and indeed the country, that the turquoise Trumpian Tories in Reform have also opposed the Bill at every step of the way. Perhaps it is because, as a company—for that is what they are—they want to ensure that their workers, such as the hon. Member for Great Yarmouth (Rupert Lowe), are limited in how they can address workplace bullying by the owner; or perhaps it is because, while they masquerade as a party for the ordinary men and women of this country, in reality they are simply a Margaret Thatcher tribute act with a sprinkle of bigotry, determined to advance her destructive agenda at all costs, regardless of its impact on working people across our country.

None Portrait Several hon. Members rose—
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