Employment Rights Bill

Sarah Bool Excerpts

Report stage
Wednesday 12th March 2025 Commons Chamber

[Baggy Shanker]

My hon. Friend is absolutely right. This is about individual members coming together to do what is right for themselves, for their trade unions, and for the companies and businesses that they work for.

I welcome the Bill’s introduction of a right of access for unions to meet with workers. Government amendment 163 expands union access agreements, so that unions can communicate with workers digitally as well as by entering the workplace. I urge meaningful implementation of those digital access rights to enable direct conversations between unions and workers, as would take place during in-person meetings in the workplace.

When we work together, we get more done. It is important that workers have access to union representatives and know how joining a union can support them in the workplace. I welcome the measures in the Bill to expand that access, which will further strengthen the rights of working people in Derby and beyond.

[Sarah Bool (South Northamptonshire) (Con)]

There are 5,310 businesses registered in my constituency of South Northamptonshire. Of those, 99.6%—or specifically 5,245—are small businesses. This Bill, among many of the Government’s policies, is a calamity for those small businesses. Not only are many of them rural, meaning that they will be affected by the family farm tax and now by the removal of the sustainable farming incentive, but as the chair of the Federation of Small Businesses has said, these small and medium-sized enterprises will struggle to adapt to the 28 major changes that the Bill makes to employment law.

First, it was the Government’s jobs tax, then it was their cuts to rate relief for hospitality businesses, and now they are smothering SMEs with red tape. Analysis published by the Department for Business and Trade says that this will impose a cost on businesses in the low billions of pounds per year, but that is not money that many of my small businesses can afford right now. This is why the Opposition have called for small businesses to be exempt from the parts of the Bill that would heap unsustainable costs on them.

Why do the Government seem to hate small businesses so much? Perhaps it is because the majority of the Cabinet have spent their careers in the public sector and have zero understanding of what life is like for the many entrepreneurs with SMEs across the UK, including in my constituency. We learned this week that, for the first time since records began in 2012, the number of companies registered at Companies House has fallen. Growth forecasts have been downgraded and the number of vacancies has declined. All this is a result of the choices the Government have made and continue to make in this Bill.

With all of this, the UK risks becoming a globally uncompetitive economy, particularly when other countries such as the United States are slashing regulation and unleashing their businesses to grow their economies. The Opposition have tabled new clause 90 for exactly this reason. It would ensure that when the Secretary of State makes regulations under part 4 of the Bill, he has to have regard to growth in the medium to long term. I join the shadow Minister, my hon. Friend the Member for Mid Buckinghamshire (Greg Smith), in calling on the Government to support new clauses 89 and 90 to ensure that growth happens. Our economy is already struggling under the weight of Labour’s tax rises. Why are the Government opposing our efforts to ensure that they consider how burdensome regulation might impact on businesses?

[Graham Stuart (Beverley and Holderness) (Con)]

A lot of people outside this place might feel that the answer to that question is that the trade unions have funded Labour Members—[Interruption.] The hon. Member for Derby South (Baggy Shanker), who is talking from a sedentary position, received more than £27,000 from two unions in the latest year of declarations and did not think it appropriate in this debate even to mention that number, which may well have influenced his thinking and led to the dire outcomes that my hon. Friend is explaining to the House.

[Sarah Bool]

My right hon. Friend makes a powerful point, and I think all Labour Members must reflect on this because we need the public to understand truly why this legislation is going through.

That the Government have seen fit to table 87 of their own amendments at this stage alone is indicative of how uneasy they must feel about the Bill. We are even told by the media that the Treasury has warned the Deputy Prime Minister and the Secretary of State about the consequences for the economy of enacting these laws, yet they seem to have seen fit to plough them through anyway. As per usual, Labour is paying lip service to growth while sticking true to form with their socialist ideology. I was not born in the 1970s but it appears that I am going to live through the equivalent in the years ahead, as Labour plays Abba’s 1976 hit “Money, Money, Money” for its trade union paymasters.

[Zarah Sultana (Coventry South) (Ind)]

I refer the House to my entry in the Register of Members’ Financial Interests. I am a proud trade unionist and a member of Unite the union. I have been supported from across the labour movement with the cleanest money in politics, which I do not think Conservative Members can say about themselves.

For over a year, Swedish Tesla workers have been on strike demanding the basic right to collective bargaining. Their struggle has inspired solidarity across industries. Postal workers, painters, electricians, cleaners and dock workers have all launched secondary action in support. Denmark’s largest trade union, 3F Transport, has also joined the fight, preventing Danish dock workers and drivers from handling Tesla shipments bound for Sweden. This level of solidarity is possible because Swedish trade unions are not shackled by restrictive laws designed to suppress collective action. Unlike here in the UK, the legislative landscape in Sweden does not act against the interests of organised labour. Almost 90% of Swedish workers are covered by collective agreements, and their labour laws ensure that workers have the right to negotiate and defend their conditions without undue interference.

As a result, Swedish trade unions are more than a match for billionaires like Elon Musk. When Tesla refused to sign a collective agreement, it was not just Tesla workers who fought back—the entire trade union movement did. That is what real industrial democracy looks like, and it is a powerful reminder of what British workers have been denied for too long by some of the most draconian anti-union legislation in the western world.

While I welcome the repeal of the Strikes (Minimum Service Levels) Act 2023 and much of the Trade Union Act 2016, the fact remains that many of the worst Thatcher-era anti-union laws are still in place. One of the most damaging is section 224 of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes secondary action unlawful. That ban on sympathy strikes isolates workers, weakens their bargaining power and prolongs disputes—all to the benefit of exploitative employers. That is why I have tabled new clause 31 to repeal that restriction and return power to working people.

Secondary action built the trade union movement as we know it. It helped us secure the very rights that we all benefit from today. But in an era of outsourcing and subcontracting, the ban is even more harmful than it was three decades ago. Under current legislation, two workers performing the same job in the same workplace cannot take industrial action together if one is directly employed and the other is outsourced. Employers exploit that loophole to divide workers. They shift responsibility through complex corporate structures, like what we are seeing at Coventry University in my constituency, and undermine union action by transferring work or hiving off companies. Workers are even prevented from taking action against parent companies and suppliers during disputes.

In many ways, secondary action is more essential than ever in the fight for fair pay and conditions. Most European nations, including Denmark, Norway, Sweden, Belgium and the Netherlands, allow secondary action in some form. Even those with restrictions, such as Germany, France and Spain, stop short of imposing an outright ban. Labour’s new deal for working people committed to repealing anti-union laws and ensuring that the UK’s industrial action laws comply with international obligations, including those under the International Labour Organisation and the European social charter. Yet, as it stands, the Bill fails to deliver on that promise.

International bodies have repeatedly condemned the UK’s ban on secondary action. The European Committee of Social Rights and the ILO criticised the UK for that restriction most recently in 2023 after the P&O Ferries scandal, when 800 crew members were sacked via video call and replaced with agency workers. P&O knew that it could get away with its disgraceful actions because the law prevents other workers from striking in solidarity.

I also support a number of amendments, including those tabled by my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), such as new clause 61, which would define employment status in law to end bogus self-employment. That is long overdue. For too long, employers have exploited gaps in employment law to deny workers basic rights. Today, in our country, black and Asian workers are disproportionately trapped in precarious, low-paid jobs on bogus self-employment contracts and denied statutory sick pay, holiday pay and protection from unfair dismissal. This two-tier system must end.

Every single worker deserves dignity and respect in the workplace, and by strengthening the Bill with these amendments, we would be taking a step forward towards rebuilding the power of the working class. I urge Members across the House to stand on the right side of history and with the workers who keep this country running.