Employment Rights Bill Debate

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Department: Home Office

Employment Rights Bill

Lord Sentamu Excerpts
Lord Leong Portrait Lord Leong (Lab)
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I give the noble Lord my commitment that it is very much a work in progress.

Lord Sentamu Portrait Lord Sentamu (CB)
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I want the Minister to explain something. He has refused to set the definite hours in which this needs to be done. He said that that would be prescriptive and that the tribunal will determine whether the matter is reasonable. Is it not quite odd to rely on the tribunal to execute what noble Lords are trying to suggest in their amendments? Should not the Bill itself include those hours? If you do not want to be prescriptive, you can say, “Up to 24 hours”, or, “Up to 48 hours”, which means that they do not have to go all that way—that is slightly less prescriptive. I am baffled that the Minister wants the tribunals to enter into these matters. He and I know that they take a long time and cost a lot of money. Why is he legislating to open a door in this area to tribunals, which everybody should try to avoid?

Lord Leong Portrait Lord Leong (Lab)
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I thank the noble and right reverend Lord for his intervention. I can say only that I thought we were all agreed that flexibility is a good thing, and I am sure we do not want anything in the Bill that would restrict either an employee or an employer from making a reasonable judgment on a case-by-case basis. On that, I rest my case.

Employment Rights Bill

Lord Sentamu Excerpts
In the spirit of trying to be constructive, I want to suggest a way forward. To me, the easiest solution here would be simply to remove Clause 23 and Schedule 3 altogether and just shorten the qualifying period to nine months, without changing the already significant existing protections. I think that would be acceptable to most businesses, and it would minimise the damage this policy will cause to the business in terms of costs, but most importantly to the life chances of those people who need employers to take a chance on them. It would also go a long way to meeting most of what the Government appear to be trying to achieve.
Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I find myself wanting to support the amendments tabled by the noble Lord, Lord Vaux. The reason is this. We arrived in Berwick-upon-Tweed, which, by the way, according to the Guardian a few days ago, is the most loving, caring place—the best in the country. Yes, maybe since I arrived it has become that; none the less, that is what it said. It is the most peaceful place to live in. Sometimes, we do not even lock our doors when we go out for a short period. In other places, they would know, word would get round, and you would be visited by people who think they should acquire your property, outside the law.

We had to find a plumber. The plumber was wonderful, the best in the town, and people said that to get him was quite costly. He was costly because, once you agreed to let him do the work, he would say, “I have an apprentice. I could pay him as the Government say and give him the national living wage. But he is at college and doing very well, and I would like him to graduate, and to succeed”. So, he said that a fee would be charged to the person who hires him. He showed that in his receipts—the amount you paid for the wonderful apprentice. That apprentice, Oscar, has grown in his job since being there for four years. When he graduates, he will be one of the best plumbers.

Apprentices need to be protected. My plumber will never just immediately say that the job is coming to an end, because he has been very wise. He is a single employer who works alone, and out of his business he is willing to pay the amount of money the Government have allocated. However, he suddenly realised that some of us would like to put in a little bit more for this apprentice. So, there will never be a day when he has not got money to keep that apprentice, even if business may not be coming in.

This is an example of an employer who employs an apprentice, and I am sure he is going to get another one. His apprentice learnt very fast: for three days a week, he had to go to college in the morning, and then come back to do the apprentice work—

Baroness Wheeler Portrait Captain of the King’s Bodyguard of the Yeomen of the Guard and Deputy Chief Whip (Baroness Wheeler) (Lab)
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I think the noble Lord is speaking to the previous amendment, which is about apprentices.

Lord Sentamu Portrait Lord Sentamu (CB)
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I am supporting it.

Baroness Wheeler Portrait Baroness Wheeler (Lab)
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This is the clause stand part notice. The previous amendment was about apprentices, which I think the noble Lord is speaking about.

Lord Sentamu Portrait Lord Sentamu (CB)
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I am supporting this one, but also the amendments which come later, which are mentioned. That is what I said at the beginning.