Employment Rights Bill

Debate between Peter Kyle and Louise Haigh

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Peter Kyle]

My hon. Friend has demonstrated many things in that intervention, including what a great teacher she was. As a former chair of governors and a governor of a couple of schools, I can assure her that I too understand the value of teaching assistants and all those who support the education of young people. I agree that the Bill gets the balance right—that is why we are proceeding as we are.

I turn to the Lords amendments dealing with the international maritime provisions. The Government amendment clarifies that a regulation to implement future agreements may not be brought into force before the agreement is ratified, but by implication, such regulations may be made before it is ratified. This will allow the UK to meet its international obligations by ensuring such regulations can be made ahead of the deadline for bringing them into force.

The Fair Work Agency provisions will establish a single body to enforce a wide range of employment rights. The Government amendments are technical refinements to improve enforcement and co-ordination. They clarify definitions of “worker” and “employer”, enable summary sheriffs in Scotland to act on underpayment notices, and refine provisions on data sharing between enforcement bodies. The amendments will ensure that the Fair Work Agency can operate smoothly and effectively.

In another place, the Government also made an amendment to change the time limit in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 from three months to six months, ensuring consistency with wider employment tribunal time limit reforms.

Amendments were made in another place to the trade union provisions. The Government have refined the provisions on trade union recognition by adding sanctions for non-compliance, requiring timely sharing of worker data, and tightening timelines to protect bargaining units. Together, these amendments enhance fairness, transparency and enforceability in trade union recognition.

I now turn to non-disclosure agreements. The Government are committed to ending the misuse of NDAs, which silence victims of sexual harassment, discrimination and bullying. I thank Members of this House and those in another place for their work on this issue, as well as Zelda Perkins, the founder of Can’t Buy My Silence, for her tireless campaigning, and my right hon. Friend the Member for Sheffield Heeley (Louise Haigh), who has championed this cause for many years. Today must be a good day for her, as she sees another step forward taken in delivering those rights.

[Louise Haigh (Sheffield Heeley) (Lab)]

I am sure all Members of the House would like to note that Zelda Perkins joins us in the Under-Gallery today, and to thank her for her tireless work in campaigning on this issue. The road map for implementation of this legislation was published before the Government tabled their amendments, so will the Secretary of State confirm when he will commence consultation, and when the Government are aiming for this primary legislation to commence so that the ban on NDAs can come into force?

[Peter Kyle]

It is great to know that Zelda is in the Chamber with us today, and that my right hon. Friend is also in the Chamber to give voice to so many campaigners and the work she has done. The Prime Minister has confirmed that the road map remains as is.

In another place, we made two amendments to strengthen the provisions in the Bill that protect victims, while preserving NDAs to protect legitimate business interests. The new clause will allow workers to speak freely about their experiences and allow those who have witnessed misconduct or have knowledge of it to call it out by voiding a non-disclosure agreement that has been used to try to silence victims. The Government will consult on related secondary legislation before commencing the measure.

The Government propose two new amendments. The first will extend the scope of the clause to include staff of both Houses. We are proposing that change following discussions with parliamentary authorities. The second amendment is designed to give disabled workers more protection. It will extend the scope of relevant discrimination to include a failure to make reasonable adjustments for disabled persons under section 21 of the Equality Act 2010. That will ensure that all forms of harassment and discrimination in the Equality Act are covered.

I will now set out the Government’s position on the 28 non-Government amendments made to the Bill in the other place, which cover 12 policy areas. Lords amendment 1 addresses provisions on zero-hours contracts and seeks to change the onus from the employer to the employee on the right to guaranteed hours. The amendment shifts it from a duty on employers to offer guaranteed hours to qualifying workers to a model where employees must actively request them. The Government believe that the duty to offer guaranteed hours should lie with the employer. A right-to-request model could create undesirable barriers, making it especially difficult for vulnerable workers on exploitative zero-hours contracts to access their right to guaranteed hours, especially as many such workers are younger and may be in their first job. As of June 2025, approximately 480,000 people in employment aged 16 to 24 are on zero-hours contracts. That is out of a total of 1.18 million workers on zero-hours contracts overall. Our position strikes a fair balance between protection and choice. For that reason, the Government do not support the amendment.

Education and Adoption Bill

Debate between Peter Kyle and Louise Haigh

Wednesday 16th September 2015 Commons Chamber

[Louise Haigh]

My hon. Friend is absolutely right. Communication and consultation can only be positive, and significantly improve the process of schools’ conversion to academy status.

There is another perfectly legitimate reason why parents have a right to be involved in the decision. As we have heard, there is a stark variation between the performances of academy chains. Parents, teachers, local authorities and the school community could be handing a school over to a chain that might perform markedly worse than the existing maintained school.

In a report that is as detailed and comprehensive as any could be found, the much-respected Sutton Trust demonstrated that sponsored academies are twice as likely to be below the floor standards as other mainstream schools. Half the chains examined by the trust did less well than the mainstream school average. Indeed, in 2014, 44% of the academies in the analysis group covered in the report were below the Government’s new “coasting level”.

Our education system must be a collaborative effort between parents, pupils and schools, and Labour Members believe that it is the right of parents to have a substantial say in how their children are educated. The Conservative Education Act 1996 set out in law the general principle that

“pupils are to be educated in accordance with the wishes of their parents”.

That has been a principle in law since school attendance became compulsory more than a century ago.

It is strange that the Government’s talk of localism and involving service users in decisions does not apply to schools. After the election, the Chancellor of the Exchequer remarked in a speech on devolution that “the old model” of running things from London

“made people feel remote from the decisions that affect their lives. It’s not good for our prosperity or for our democracy.”

He will find some agreement among Members on both sides of the House on that general point, but perhaps the Education Secretary failed to get the memo, as she removed the right of parents and the local school community to have a say in the future of their schools. I ask once again, why are the Government so afraid of the voices of parents and the school communities?

My new clause would go a small way towards repairing the democratic deficit that is opening up as a result of a Bill that puts too much power in the hands of the Secretary of State, and far too little in the hands of our school communities.

[Peter Kyle]

It is great to be called for the first time under your stewardship, Madam Deputy Speaker. I rise to support new clause 1.

I have already paid tribute to my hon. Friend the Member for Cardiff West (Kevin Brennan); let me now extend my thanks to the Schools Minister, who sat opposite me for the many weeks of the Committee stage, and took my interventions very graciously during that period despite my frequent fumbling breaches of protocol.

No one, in Committee or today, has disputed the need to challenge coasting in any school—least of all me, because I went to a school which, by today’s standards, could be deemed to have been coasting. I left with very few qualifications, and, at the age of 25, I had to return to the same state secondary school and take my exams again. I spent a year in a secondary school as a 25-year-old. Anyone who has done that—spent a year with teenagers as a 25-year-old, and had the experience of going through education for the second time—will never, ever allow any other person to go through the same thing, or allow any other person to leave school without the right qualifications. It seems an irony that the school I left and had to return to is in the constituency of Bognor Regis and Littlehampton, because the Minister for Schools is the MP for that constituency. This has therefore come full circle now, and I hope that what was Felpham comprehensive school—I do not know what it is called now, but I presume Felpham community college—is doing much better today than it was doing then.

Nobody disputes the need to tackle coasting wherever it is, least of all me, and nobody disputes that academies are the answer in some cases, but only the Government think they are always the answer. That is the nub of why I support new clause 1.

The Government could not produce a single witness in the witness stage of the Bill to say conversion to an academy was always the answer to coasting. In fact their star witness, Sir Daniel Moynihan, a remarkable man who set up and is chief executive of a fantastic organisation, the Harris Federation, was asked directly by me whether he thought academisation is the only response to coasting. His answer was simple: “No,” and he went on to explain why in more detail.

The sum of that, of the experience there has been, and of the evidence given in writing and in person by experts is that academisation is one tool of many, and is not the only tool. I should make a declaration here: I am chair of governors of an academy that has fundamentally transformed the ability of young people to go through education successfully with fantastic outcomes.

My second point is that the regulatory framework that will underpin schooling as a consequence of this Bill is confused and complicated. Given this Government’s philosophical approach to deregulation, it is extraordinary that schools from different sectors—state maintained, academies and the private sector—are all regulated in different ways. This is absurd and it is becoming a regulatory nightmare which will produce some real absurdities.

For example, as a consequence of this Bill, a school could in future be rated as outstanding by Ofsted yet the Department for Education could deem it as coasting. What are parents going to make of this new world? How will they decide where to send their children?

We will have a regulatory framework where academies that are deemed to be coasting by every other measure are not allowed to be converted to another status. The Bill focuses on organisational status as opposed to what we now know works: a focus on standards and educational outcomes. All the international evidence throughout the world shows that a focus on standards is what drives up educational outcomes, yet this Bill completely ignores all that evidence. It is turning into an ideological Bill, which I fundamentally oppose.

It is extraordinary that someone who comes from my background and has been involved in the conversion from local authority-maintained schools to academies should stand here in such opposition to a Bill that refers to academies.