Employment Rights Bill

Lord Leong Excerpts

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Lord Goddard of Stockport (LD)]

My Lords, I will speak briefly to Amendments 215 and 332, both in the name of the noble Lord, Lord Sharpe. Amendment 215 proposes a new clause to grant trade union members a statutory “right to switch off”; that is, to disengage from contact initiated by trade union representatives.

It raises the wider question of work/life balance and members’ autonomy. That is not a bad thing to raise and probe in this amendment. However, the caricature by the noble Lord, Lord Hunt, of a typical union member is a little fanciful. When I was a shop steward, I certainly would not be ringing up union members at 8 o’clock when England were playing football against somebody. I would have got very short shrift and probably would not have been the shop steward the following week. That is the power of trade unions: they can remove and add shop stewards on a whim.

We just need to be a little bit grown-up about the modern trade unionist. We are living in a different age now. It would be wrong for me to say that communication does not happen, but it is now via text, X and WhatsApp, and that is completely acceptable. Where the line is drawn is around giving people a statutory right to switch off, or not. I think it is down to individual members to decide whether they want to be able to be contacted. It should be for the members themselves to decide that, rather than there having to be some statutory right. It is not for me to pass judgment on the desirability or otherwise of it, but I would be interested to understand the rationale and the evidence underpinning the need for such measures.

Amendment 332 is more technical in nature, providing for the commencement of these provisions a year after the Act receives Royal Assent. This delayed implementation may allow for guidance to be prepared or for institutions to adapt. With that in mind, I would like to hear the Minister’s response to both these things—bearing in mind that, at the end of the day, trade unions exist because of their members; if members do not like a trade union, they can leave a trade union. That point has not been brought up anywhere in this House by anybody. You are free and able to join a trade union. You are also free and able to leave a trade union.

I know that, in 1973 and 1974, people did leave the GMB union over some policies that the union had. It was not an impossible thing to do. They were still treated fairly; they were given full consultation and assistance. It was for us to persuade them to come back into the union, which nine times out of 10 they did. It is not always a one-way street. I would hope that the Conservatives understand that unions are controlled by members.

We have annual congresses. One of the greatest things we used to do as the Lancashire region was to overturn the executive once a year in conferences; to us, that was the object of conference. It did not go down well with John Edmonds and the senior management team. I would stand there berating them for the poor pay of gas workers and objecting to a 2% pay rise, and I would get full support. Then I would have to go and see Mr Edmonds. The words he once said to me were, “You control the union for one week and we control it for the other 51 weeks, so I will let you have this week, David. Now leave”. I have deleted and added words there to avoid using any language that would be unfit for this House.

Again, it is a balancing act. I do hope that the Minister will address it in that manner and not just ignore amendments that come in from the Benches opposite. There is something behind the amendments. They are probing amendments and we are just trying to get the flavour of where the Government sit on membership and the unions, with regard to consultation. We spent a few hours—a lot of hours—the other night talking about union rights and members’ rights. I think this issue just touches on the end of that. I can see why it was not raised in that group, but it is still something that needs explaining a bit more clearly.

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I first thank the noble Lord, Lord Goddard, for his very entertaining contribution, and the noble Lord, Lord Hunt of Wirral, for speaking to Amendments 215 and 332 in his name and that of the noble Lord, Lord Sharpe.

The proposed new clauses would create a right in primary legislation for trade union members to switch off from contact from trade union representatives. As far as I am aware, there is not any demand to introduce such a requirement on trade unions. I have not heard this from my colleagues, or from trade union members, or from any worker, or indeed from any employer or employer organisation that I have spoken to lately.

It is difficult to see what benefit or purpose such an obligation inserted into membership contracts might serve. Currently, there is no obligation for a trade union member to reply to communications from their trade union, as was ably set out by the noble Lord, Lord Goddard. There is nothing stopping a member ignoring them or telling them to **** off.

This Government are committed to the well-being and positive work-life balance of all workers. The Employment Rights Bill is proof of this commitment, with relevant measures including making flexible working the default except where not reasonably feasible. This will help employees and employers to agree solutions which work for both parties.

I say politely to the noble Lord, Lord Hunt, that I reject his allegation of trade union influence and power interfering with people’s lives. As it stands, every member can ignore the messages and communications —whoever has approached them—outside work. There is no evidence that this is currently happening. I ask the noble Lord, Lord Hunt, to reflect on that and to be careful with some of the pretty harsh words he has said. I invite him to withdraw his Amendment 215.

[Lord Hunt of Wirral (Con)]

My Lords, the noble Lord has to face the reality of the situation when looking at today’s world, where trade unions represent only 12% of private sector workers. He tells the Committee that this provision is not necessary now, but we are entering a new era. It is one that I recall vividly, when I first came into the House of Commons, just under 50 years ago, at a time when the trade unions dominated lives to a huge extent. Talking to some of my friends in the trade union movement, I sense that they look forward to the day when the trade unions will re-emerge in the private sector and become again dominant in public life.

I too was very grateful to the noble Lord, Lord Goddard of Stockport, for talking about work-life balance. I am rather sad that the noble Lord in responding did not really get into that. That is what this amendment is all about. In sharing with us his experiences in the GMB, the noble Lord, Lord Goddard of Stockport, put it in context. I have, in the past, done a lot of cases for the GMB; it is a wonderful, friendly society that looks after people in a huge way. This amendment is not ideological, it is not radical and it would not weaken unions. It would not restrict collective bargaining or impose new administrative burdens on trade unions. All it and the subsequent amendment seek to do is to offer trade union members the right—the dignity—to say, “Not now. Not after hours. Not in my living room. Not when I am at home, off duty and seeking the same privacy and peace of mind that every working person deserves”. We are looking forward to that day, or are we?

If these new provisions give additional power to unions in the Bill, why do the Government not stop for a moment to ask how this will affect ordinary members? Not union leaders, not officials, not full-time organisers, but the actual members who just want to get on with their lives, in peace. That is what this amendment is about—not disruption, not dilution, but balance. I fully accept that many of these members will not complain about out-of-hours contact from a union, but not because they agree with it but because almost certainly they will be tired and will not want confrontation, as they worry that pushing back could lead to exclusion, being labelled or being isolated within the very structure that they joined for protection.