“Chapter 4A

Layla Moran Excerpts

Tuesday 11th March 2025 Commons Chamber

[Matt Western]

I refer Members to my entry in the Register of Members’ Financial Interests and my union membership. The legislation before us today is truly historic. It is totemic in scale—the biggest upgrade to workers’ rights in a generation. I commend the Minister and the team for the work they have done.

The Bill delivers not only for working families, but for the whole country. It will lead to higher productivity, higher wages and, ultimately, economic growth. These reforms are unashamedly pro-worker and pro-business, in sharp contrast with the past 14 years, when we saw low pay, low productivity and low growth in the economy. Shockingly, productivity grew by just 0.2% a year between 2010 and 2020. Since 2011, we have seen insecure work rise nearly three times as fast as secure work. Whether it be the 800 P&O workers who were sacked over Zoom without notice, the retail workers whose shifts get cancelled last minute and now cannot afford their weekly food shop, or the 9 million people—one in three workers in this country—not protected from unfair dismissal, it cannot go on.

I will talk briefly about some of the measures in the Bill. Day one rights will provide a serious boost for millions of people. Nine million workers have less than two years’ service with their employer, and thus do not enjoy protections from unfair dismissal. I would welcome some clarity around the initial period of employment. What specific timeframe would the measure apply to, and what exactly does it mean? Moreover, I urge the Government to look at what support is available for smaller firms that are concerned about the impact that the measure may have on their costs. Can we consider what more can be done to guide companies through these changes?

Zero-hours contracts are endemic across our economy. So many people with those contracts are given very little notice when their work is cancelled. In some cases, they may have already sorted out their childcare or made travel arrangements.

Let me turn briefly to industrial relations. An important element of the legislation is setting the new framework for industrial relations. The Business and Trade Committee heard from many good employers, such as Jaguar Land Rover and British Aerospace, that work with the unions to create the right employment practices across their businesses. By contrast, we also witnessed the mistreatment of workers and the denial of their basic rights at Amazon, which clearly had problems in the workplace.

The proposed Fair Work Agency, which is welcomed by unions and progressive businesses alike, is a positive move. As we heard in the Business and Trade Committee, the agency needs to be adequately resourced, because it is so important.

I shall turn to some of the amendments that I support. We just heard from my right hon. Friend the Member for Sheffield Heeley (Louise Haigh) about new clause 74. One constituent of mine, Mrs E, was the victim of harassment in the workplace. She was victim to a particular individual who was protected by the management. Ultimately, she had to leave the organisation. He then also had to leave himself. Harassment is such a problem in the workplace, and it is something that must be addressed in this legislation.

New clause 81 relates to modern slavery. The Select Committee heard about the problems of Shein and how companies in the UK have been disadvantaged by the practices of businesses that operate elsewhere.

I wish to talk a bit more about productivity and the points that I raised with the shadow Minister. The legislation is important because it brings not only great benefits to workers, but even greater responsibilities for employers. Tighter employment legislation leads to greater productivity, as we see in France and Germany. Both countries have seen a 20% advantage in their productivity compared with that of the UK. This is why we have seen such a stagnant economy in the UK over the past 10 years.

This legislation is another reminder to the people of this country that only the Labour party can deliver for working families. It will mean less uncertainty at work, less insecurity at work and more money in people’s pockets.

I urge the Government to look at the Fair Work Agency, and particularly at the definitions of “reasonable notice”, “moved” and “short notice”, and to provide clarity on how many weeks the initial and subsequent reference periods should be.

This is a colossal piece of legislation that is so important in this decade. It brings about real change, which is what this party will deliver for working people, thereby boosting productivity and ultimately growing the economy.

[Layla Moran (Oxford West and Abingdon) (LD)]

I rise to speak to new clause 74, which appears in the name of the right hon. Member for Sheffield Heeley (Louise Haigh). I pay tribute to her and say that the Back Benches are very lucky to have her. May I also pay tribute to Mr B, whose story she told so movingly?

The campaign to redress the power imbalance for those offered non-disclosure agreements in cases of sexual harassment, harassment, bullying and discrimination has been many years in the making. It transcends organisations and it transcends party. I pay tribute to Members past and present of all colours who have been part of this campaign for so long. I was pleased to hear from the Minister from the Dispatch Box that he hopes to continue to make progress, but I hope to urge him to go further faster, and for very good reason. It is long past time that this practice just stopped.

I want to reveal another never-before-told story from ITN. It is never-before-revealed because it is covered by a non-disclosure agreement, which means that I will be using privilege to reveal the details. Before I begin, it is worth saying that the victim is not alone; I understand that there are seven out there from ITN—we have heard another one today—and that investigations have been done by ITN’s board, which is intent on change. This victim is clear that she does not want to cause ITN problems, but she wants MPs to understand the effect that this continues to have on her life and why we need to act quickly.

This young woman was in her mid-20s when she landed her dream job at ITN. She quickly became trapped in what we understand to be a coercive, controlling sexual relationship with an older male editor. He would hurl wild accusations at her and accuse her of affairs with colleagues. She ended up suffering from panic attacks as a result of the relationship. Before Christmas 2019, she finally had the courage to end it.

When she returned to work in January, she had been demoted. Her hours were reduced and so was her pay. The first editor she told warned her to stay silent. She said: “You don’t want to be one of those women who always moan about being wronged.” She then confided in a more senior editor, and things got worse. She told her: “It’s not like he ever hit you. It’s not like you ever had to go to A&E with broken bones.”

She went to work every day for the next year. It took ITN months to agree to an HR investigation into what happened. It agreed only on the condition that she would also be investigated. HR found that it could not assess the complaint because it was criminal in nature, but at the same time found it to be unfounded. That makes no sense. Around this time, she asked a question at an ITN women’s empowerment forum, in front of all staff, during the pandemic. She simply asked, “What support is there for women who report alleged sexual harassment in the workplace?” Within an hour, her email had been cut off. HR summoned her to an urgent meeting; her primary offence, it would seem, was asking for help.

From that moment, she was suspended without pay. She had been completely cut off from almost all support networks for about a year. ITN told her that she was not allowed to tell anyone—except the police, to be fair—what was happening. Even her best friend had to sign an NDA to attend a meeting to support her. The NHS offered her group therapy for her anxiety, but she felt that she had to decline because the organisation insisted that she stayed silent. Her lawyer said that the organisation was trying to starve her out in negotiations over her exit. They took years. By the time they got to a settlement, she had racked up £70,000 in legal fees.

[Mrs Russell]

I know from experience that it is a practice of employment lawyers who work for employers to go on to Google Maps and look at the houses in which complainants live, to assess the assets that they are likely to have and whether they are likely to be able to afford to continue their defence to tribunal, or whether they could be offered a smaller amount as a settlement. Does the hon. Lady agree that NDAs are providing cover for that?

[Layla Moran]

Absolutely. This is exactly the kind of behaviour that we need to put a stop to.

The young woman eventually reached a settlement, but it was extremely one-sided. She panicked, because the NDA gagged not just her but her partner, her best friends and her parents, but it did not gag the men or the senior executives involved in the harassment that she faced. It covered not just business matters—we are not seeking to stop confidentiality agreements on business matters—but everything painful that she had endured. Her mental health spiralled and she ended up in hospital. Every day that she was in a hospital bed, the lawyers sent her automatic reminders to sign her NDA. This was a woman at her most vulnerable. It is entirely wrong that she was put in that position.

It is worth saying that almost none of that NDA is enforceable. It if was taken to court, it would fail. The Victims and Prisoners Act 2024 makes it clear that she should have been able to get that support. We are kidding ourselves if we think that NDAs are not still being used and issued. They are. That is why this Bill—whether now, in the Lords or wherever—needs to put a stop to it.

Many years on, following an investigation into the treatment of these workers at ITN, the woman does believe that the organisation is trying to change, and she is grateful to the executives from within who are pushing for reform. The latest update is that ITN is willing to renegotiate her NDA. That is laudable, but she should never have been put under one in the first place, and those protections should be everywhere.

We face a weird situation which we in the House have created. In the Higher Education (Freedom of Speech) Act 2023, there is a provision—it was tabled as an amendment by Labour and taken on in the Lords by the then Conservative Government—that says that such non-disclosure agreements are not allowed, but it covers only higher education settings, because that was the scope of the Act. I am an Oxford MP. How does it make any sense at all that I might have a constituent who is protected from such non-disclosure agreements if they work for the university but not if they work for any of the university spin-outs?

[Josh Fenton-Glynn]

The hon. Member is making a powerful speech. I pay tribute to the people who have shared their experiences. Does she agree that the people we are talking about have means and support networks, and that without these protections the most vulnerable in society will be affected, which is why getting the laws right is so important?

[Layla Moran]

I thank the hon. Member very much; these people are indeed incredibly brave. What we are trying to show is that it happens to men and women, it is discrimination, it is sexual harassment, and it is ubiquitous—it is happening everywhere and it is happening now. We are not seeking to silence people. In fact, new clause 74 says that if a victim wants an NDA for whatever reason, they would be allowed one. The new clause simply seeks to redress the gap.

How can it be right that, sometime soon, in some establishments, workers will be protected and that in others they will not? It is time for the Government to sort this out. The new clause does not say exactly how they should do that, but that the protections afforded to all workers anywhere should be the same as those afforded in universities. It would give the Government six months from the Bill’s enactment to sort it out, which should be plenty of time. Arguably, they should be able to tackle this with something in the Lords, which would give them a bit of extra time.

I urge the Minister not to wait for some other Bill or some other time. I welcome the meaningful words that we have heard from the Dispatch Box. However, I also urge him to look back—I appreciate that that is not to this Government but another one—because we have heard this before. The campaign has transcended parties and transcended years—it has transcended Parliaments. We are making slow progress; meanwhile, victims continue to be hurt day after day. Every day that these NDAs—often made in perpetuity—endure, that hurt and trauma continues. Please, let this be the Government who put the abuses of non-disclosure agreements where they belong—in the trash can—so that we finally afford the protections that we are about to give to all university workers to every single employee.

[Imogen Walker (Hamilton and Clyde Valley) (Lab)]

As per my entry in the Register of Members’ Financial Interests, I am a member of GMB. My union membership has given me reassurance for many years that I have backing if I need it. I am conscious that although in this place we may be listened to when we speak up, for too many people insecurity and lack of respect at work are an everyday experience.

Businesses suffered under the failure of the previous Government to act when reform was needed. That was not in this area alone, of course, but today we are speaking about the relevant amendments. We can come back to their other failings another day—or perhaps on more than one other day—because this is the time for action and we are the party of business.

Everyone should have a contract that reflects the hours that they work. There is a place for flexibility, but people need to sort out transport and childcare and plan their household budgets, so we will ensure that agency and low or zero-hours contracts work for both sides—for businesses and workers. For too long, zero-hours contracts have often been at the expense of people who are just trying to make a living for themselves and their families. We will put a stop to that.

A day’s work deserves a fair day’s pay, and giving the Fair Work Agency the power to bring civil proceedings and issue penalties is an important move. The vast majority of employers respect the rights of the people who work for them and have nothing to fear from that. In fact, they will welcome the levelling of the playing field. As they tell us all the time, their good practice must not be undermined by the unscrupulous minority.

We also say that everyone should be free from harassment when they are at their place of work. The message that Conservative Members send when they object to that protection—to, among others, the many thousands of young women who have been harassed at work—is appalling. In contrast, we believe that everyone deserves respect at work, whatever the industry they work in. I want to reassure, among others, workers in the hospitality and retail industries that they matter, they deserve better and we are on their side. Further, when issues happen, it is to everyone’s benefit to resolve them quickly. We will fast-track decision making and back that up with robust fines. That helps businesses and workers and it minimises stress, cost and delay.

I am pleased that the Bill is welcomed by many of our leading employers, including Centrica, as already mentioned. I know Centrica well; it has a training academy in my constituency. Its chief executive, Chris, is fully supportive of the legislation as not just the right thing to do but as a foundation for a high-growth, high-skills economy and the progress that our country needs.

A stable workforce will help both employers and workers. The chaos of repeated strikes has damaged businesses and services and left our country reeling. The Conservative party may be instinctively opposed to empowering ordinary people, but on the Labour Benches, we say that these are the people who keep our country going and they have the full support of this Government.