Employment Rights Bill

Lord Goddard of Stockport Excerpts

Committee stage
Tuesday 10th June 2025 Lords Chamber

In such a politically toxic atmosphere, when the trade unions seem as much of a hindrance as a help in relation to equality at work, I am simply probing why the Government would use this legislation to push facility time, and place a lot of detail on facility time, specifically for equality reps. I say that that would lead to disastrous outcomes.

[Lord Goddard of Stockport (LD)]

My Lords, the amendments put forward by the noble Lord, Lord Jackson, which have been tabled in good faith and with good intent, aim to clarify employees’ rights for reasonable time off and to maintain a balance of obligation between employers and employees. However, this tempting repeated emphasis on balance and responsibilities risks adding unnecessary complexities to what should be a straightforward provision. The focus on sustainable assessments closely tied to individual circumstances, while well-intentioned, may create complicated decision-making for both the employer and employees, rather than finding the guidance we are looking for.

I am not a clairvoyant; I am summing up from the notes I have in front of me. The amendments from the noble Lord, Lord Sharpe, talk about linking facility time for equality representatives with statutory performance targets in the public sector—that is what the time off is for—to introduce additional conditions aimed at ensuring accountability. The proposal for a sectoral cost assessment before these changes take effect offers a measured way of evaluating their impact. It will be important to monitor how these conditions interact with the support available to employees’ representatives to maintain an efficient and effective balance.

I look forward to the Minister’s response to these amendments. I will not comment on the comments made by the noble Baroness, Lady Fox, tonight. I will leave that for the Minister to deal with.

[Lord Hunt of Wirral (Con)]

My Lords, I thank my noble friend Lord Jackson of Peterborough and the noble Baroness, Lady Fox of Buckley, for their amendments and contributions to today’s debate.

I speak to the amendments in my name and that of my noble friend Lord Sharpe of Epsom, where we seek to make the provision of facility time for equality representatives conditional on public sector employers meeting their statutory performance standards. I believe such amendments are not merely sensible but essential if we are to ensure that public resources are allocated responsibly and with accountability.

It is no secret—we hear it constantly—that politicians and civil servants routinely claim that they want to protect taxpayers’ money, yet too often the rhetoric is hollow and budgets expand unchecked. One glaring example is the unchecked proliferation of equality, diversity and inclusion, or EDI, roles in the public sector. For those unfamiliar, EDI is a branch of human resources. There are now some 10,000 EDI officers employed across public sector organisations. There has been a veritable explosion of spending that has occurred with minimal scrutiny or measurable outcomes.

Against this backdrop, it is right and proper to demand that facility time—a significant use of public resources—should be granted only to employers who are delivering on their statutory performance targets. Our amendments would introduce a performance condition that requires the Secretary of State to be satisfied that a public sector organisation is meeting relevant standards before facility time can be allocated.

I believe this to be a vital safeguard that Clause 62 as currently drafted just fails to provide. Clause 62 in its current form risks allowing facility time to be given indiscriminately, without regard for whether the employer is fulfilling its primary obligations to service users and taxpayers. That is a pretty laissez-faire approach, which I believe is unacceptable in an era of tightening budgets and growing demand for public services—no doubt we will hear much more of this from the Chancellor of the Exchequer tomorrow morning. Without this condition, facility time risks becoming yet another unchecked entitlement, further diverting scarce resources away from front-line delivery.

We must be clear, however, that supporting and moving these amendments does not mean opposing equality representatives themselves or the very important functions they perform. Rather, it just means insisting that public funds should be spent prudently, and that facility time should be tied to organisational performance. If a public sector body is failing to meet statutory targets, I believe it is irresponsible to allow additional resource commitments without first addressing those failures. Moreover, our proposed new clause would require a sector-by-sector cost assessment of facility time, introducing much-needed transparency and evidence-based policy-making. Before expanding facility time or making it more widely available, Parliament must understand its real financial impact and weigh it carefully against the public benefits.

We urge all noble Lords to refuse to accept Clause 62 in its current form but to embrace these amendments, and then we will have a crucial performance condition. In that way, we will ensure that facility time is provided responsibly, with accountability, and only when public sector employers are meeting their statutory obligations.

However, I commend my noble friend Lord Jackson of Peterborough on introducing what I felt were very reasonable amendments. Of course, he is drawing on extensive experience serving on council business and the London Fire and Civil Defence Authority, on which he served with such distinction, so I hope the Minister will accept those amendments.

I have to say to the noble Baroness, Lady Fox of Buckley, that I was appalled by the stories she gave, showing the experience of Nurse Jennifer and Nurse Peggie. They are shocking stories, and how right she was to bring them to the attention of the Committee. There is a great worry that somewhere, deeply embedded in the system, is systemic sexism. I suppose I am looking back—it is far too long ago—to when I was, and I think I probably still am, the only man to have been appointed Minister for Women in the Cabinet. I have to say that the experience I had in that position warned me of the impending problems about which the noble Baroness, Lady Fox, spoke so passionately and so clearly.

We really have to get something right. In many ways, I know that the Bill has been put together with great haste, but Clause 62 in particular at least requires amendment, or perhaps another clause more carefully thought through should be presented to the House on Report. That is why we look forward to hearing from the Minister. We are talking about not just good governance but a necessary step to protect both taxpayers and front-line public services.

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[Baroness Fox of Buckley (Non-Afl)]

My Lords, I want briefly to commend the noble Lord, Lord Hendy, for putting this amendment forward. I have a lot of sympathy with it. The noble Baroness, Lady Jones of Moulsecoomb, has explained some of my reasons for supporting it.

I just wanted to note that it is very tempting when rights are being taken away to want to consolidate them via the law and constitutionally. I felt it myself in relation to civil liberties, which I think are under attack: the right to protest and in particular free speech. I keep wishing there was a First Amendment, because then it would be there and they would not be able to attack it.

However—this a good faith question—when I heard the noble Lord, Lord Hendy, justify it in relation to international treaties, ECHR, the Council of Europe and so on, I started to worry that maybe this would become one of those treaties where it would be, “You can’t touch this” and you would end up treating it technocratically, as it were. Rather than it being fighting for the right to strike, it would be fighting for the principle of the right to strike with ordinary workers, rather than simply referring to defending it in the law. So can the noble Lord, Lord Hendy, even though he does not stand a chance of getting it through, reassure me that this is not just an attempt at ring-fencing a right, but then neglecting to fight for it in real life? I commend him and the noble Baroness, Lady Jones, for raising this, because I really do feel that rights need to be protected under this Government as much as any other, I have to say.

[Lord Goddard of Stockport (LD)]

My Lords, these amendments, proposed by the noble Lords, Lord Hendy and Lord Woodley, are I think as people have outlined. I have been on the wrong end of that legislation on a number of events—official strikes, unofficial strikes and secondary picketing. As a shop steward you are responsible for taking those actions for a company; there are consequences and I have suffered consequences from that.

It is not that I agree with the rights being taken away, but I think times have changed and unions have moved on now. The right of anybody to remove their labour, if they are pushed to it, should be a universal right, but it should be used very sparingly and in very special circumstances. It is all very well rushing to legislation and quoting the European Court, but we live in the real world and when things happen to people at work and people are treated badly, sometimes we have not got time to go and contact the KC and get case law. We just do the things that we used to do and take that action straight away. Sometimes that resolves the matter fairly quickly, because a reasonable employer will see the action you have taken as a direct result of another manager doing something that was not in agreement. So I get the thrust of this.

I have had notes typed and I have been writing my own notes, but I think the top and bottom for me is the amendment is seeking to restore a trade union’s flexibility in choosing which members to ballot and removing some procedural requirements and obligations to notify employees in advance of ballots. I think that time has gone as well.

Reinstating rights for prison officers, the group currently subject to significant legal limitations, is one I would like to slightly explore. The intent behind these amendments is to strengthen trade union rights and promote collective bargaining. The concern is potentially around impact, industrial relations and public safety, especially with the actions of prison officers. I say to the noble Lord, Lord Hendy, and to the Government that the way to protect prison officers is not to enshrine the right to strike but to remove the reasons why they would want to strike. That really is about improving the Victorian conditions that we have in 2025 prison systems, where people go into prison and come out worse criminals or nine out of 10 as drug addicts or whatever.

Governments, instead of trying to give extra law for prison officers, should be looking at the root cause. I know there is a prison plan being built and we are trying to get more education into prisons—if you want to speak to the noble Lord, Lord Timpson, he can give you chapter and verse on that, as I have listened to him doing. I hear why it is being done, I understand why it is being done and I know that it is not got a hope in somewhere else of getting through. But I thank the noble Lord for bringing it forward, because sometimes it is good to realise that things that we used to do are perhaps today not even politically correct to do. Human rights and the rights of people who go every day to work, to earn a living and support their family, need airing and need protecting. I know this is a probing amendment, but I thank the noble Lord for bringing it because it is interesting. Now and again it is good to be reminded of how it used to be and how it can be now.

[Lord Sharpe of Epsom (Con)]

My Lords, I join the general thanks to the noble Lord, Lord Hendy. I thought it was a most interesting introduction and I learned a great deal. I particularly liked the phrase “constitutional benediction”, which I am planning to nick—although not in this context, because I rise to join the Minister and express my clear and firm opposition to the proposed new clause after Clause 64. It seeks to enshrine in statute a so-called positive right to strike even in breach of contract, as opposed—if I follow the noble Lord’s arguments correctly—to the freedom to strike. It strikes me as somewhat semantic in terms of the practical outcome, which I suspect is an argument we will hear again.

Let us be absolutely frank about what the amendment would entail. It would insert into the Trade Union and Labour Relations (Consolidation) Act 1992 a wholly unprecedented and therefore dangerously broad provision that every worker shall have the right to take industrial action, whether or not it is in breach of any contract. It would not be subject to employer agreement or tethered to lawful procedures but would be an absolute statutory right to break contract terms and withdraw labour.

Industrial action, particularly strike action, is obviously a serious matter, and I think everybody would agree on that. It affects not only the employer but the public, the economy and, critically, the most vulnerable in society, who rely on public services. That is why we believe our existing legal framework strikes a careful balance. It protects the right to strike but does so within clear procedures and obligations: balloting requirements, notice periods and protections against unlawful disruption. This amendment would ride roughshod over all that.

What does it mean to have a right to breach your contract, regardless of process or proportionality? Surely, that is not a right; that is just carte blanche. This provision would displace the carefully constructed framework that governs how industrial action can be taken lawfully and responsibly. It would empower disruption without accountability. The purpose of employment law is not to tilt the playing field in one direction or another but to ensure that fairness, order and mutual obligations between employers and workers are respected. The right to withdraw labour must remain conditional on lawful procedures and not granted in the abstract, regardless of impact or legality.

Moreover, the proposed amendment would likely bring the UK into direct conflict with established contract law and create endless legal uncertainty. If workers are told that they have a statutory right to strike, even in breach of a contract, what does that mean for essential services, public safety, or the ability of schools, hospitals and transport systems to function with any consistency?

I do not think we should be mistaken. This amendment is not some minor clarification; it is a fundamental rewrite of the basis of workplace relations. It would undermine the principle that contracts entered into freely carry obligations and it would sweep away the balance between rights and responsibilities. I also have to ask: once a principle of contract breaking is established, how long before that is used as precedent in other contractual disputes?

Nobody denies that workers must be able to organise, speak up, bargain collectively and act where necessary. That is already protected in the legal framework. This amendment would take a sledgehammer to that balance. It would replace legal clarity, we believe, with legal radicalism, and accountability with absolutism. For those reasons, I urge the Government to reject the amendment.

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Moved by

[Lord Goddard of Stockport]

244: Clause 65, page 95, line 12, leave out subsection (2)
Member's explanatory statement
This probing amendment would reinstate the 50% threshold requirement for industrial action to be voted on by a trade union and seeks to understand whether the Government perceives a risk to the democratic integrity of trade union ballots for industrial action as a result of the provisions to remove the 50% requirement.

[Lord Goddard of Stockport (LD)]

My Lords, an interesting night has been had by all. More ammunition has been thrown into the laps of these Benches than on any other night of the entire debate. Of course, that is called an unintended consequence—never mind. I rise to speak to the important group of amendments that address the key aspects of the industrial ballot process. I wish to highlight my own probing Amendments 244 and 246, which focus on maintaining a robust democratic mandate for industrial action and ensuring clarity around the ballot’s effective period. I thank the Ministers for making time to meet me last week to understand the rationale behind these probing amendments, and I thank the noble Baroness, Lady Coffey, for signing my amendments—she is my new best friend for at least the next 45 minutes.

Amendment 244 is a probing amendment that aims to reinstate the 50% turnout threshold for industrial action ballots, questioning whether removing this requirement could weaken their democratic legitimacy. In the process, that could have significant consequences for workers, employers and the public. It is clear that the ballots genuinely reflect the clear will of the membership. That would seem obvious to me. We have spoken tonight about courts from all over Europe and the world, but there is another court: the court of public opinion. When you hear of people having strike ballots with percentage turnouts in the low 20s or 30s, you really must question the legitimacy of the argument for the ballot if you cannot at least get 50% of the workforce to take part.

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[Lord Goddard of Stockport (LD)]

I thank the Minister for his reply and thank other speakers who have spoken in this group. The noble Lord, Lord Hutton of Furness, talked about balance, in airlines and other industries. Balance runs through the conversation on this group of amendments.

The noble Lord, Lord Moynihan of Chelsea, is always good value. He throws all these numbers at us and gets very agitated, but he wants the balance to be right between the trade unions and not to swing the wrong way to the other side, and he gave us the history of what happens when that happens. I understand what he is saying and I thank him for his contribution.

The noble Baroness, Lady Coffey, almost used me as a Trojan horse, but I accept that, because her intervention was exactly on pitch. She speaks about clarity, honesty and the NHS. Again, there are many instances in this group that touch all parts of the country, from aviation to the NHS and back again.

The noble Lord, Lord Sharpe, made his position very clear. He wants transparency and responsibility, and he really wants to know where the reasonableness is in the Government’s reluctance to accept these amendments.

Today could be a watershed, because the debates we have been having as Report looms could be where some of these battle lines will be drawn. These are fundamentals. It is fundamentally not right that 50% to call for a ballot is unreasonable. All I am asking is for the Government to take back the comments we have made tonight and, when we return on Report, show some cognisance and understanding that these are not just anti-union amendments. We support the unions, but they have to be seen to be democratic and accountable to the wider public. I hope that they take my comments and criticism in the way they are offered: to help to make a better Bill that is more acceptable to everybody.

I will read the Minister’s comments in Hansard, because he went through at a canter. I was a bit concerned when he talked about balloting being a positive modern experience. I have always found it to be the opposite: it is soul destroying to vote for industrial action.

With the benefit of the doubt, this party will listen and hope that the Minister has taken on board some of our positive criticism tonight before we come back with this set of amendments. These amendments, among all the others, could be the contentious ones, and the Minister has the opportunity to lance that boil early. Getting tonight’s amendments right will go a long way to making this Bill work fundamentally better for employees and employers. On that basis, I beg leave to withdraw my amendment.

Amendment 244 withdrawn.