Employment Rights Bill

Ian Lavery Excerpts

Report stage
Wednesday 12th March 2025 Commons Chamber

[Ian Lavery (Blyth and Ashington) (Lab)]

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.

[Several hon. Members rose—]