Employment Rights Bill

Debate between Sarah Olney and Euan Stainbank

Consideration of Lords message
Wednesday 5th November 2025 Commons Chamber

[Sarah Olney]

There is a balance between the employer and the employee. If the fit is not right, it is better for both sides that the employment is brought to an end, and that the employee is free to seek more appropriate employment.

There are very significant concerns. The lack of clarity about probation periods, which the Minister mentioned, and exactly what they mean, risks piling undue worry on to business managers who are struggling to find the right skills. We can compare that with the provisions in the amendment tabled on unfair dismissal.

My Liberal Democrat colleagues and I, both here and in the other place, have been clear in our support for an amendment that would change the obligation to offer guaranteed hours to a right to request guaranteed hours. Amendment 1B would allow an employee to notify their employer if they no longer wished to receive guaranteed hours offers, but they would be able to opt back into receiving guaranteed hours offers at any time. That reasonable and balanced approach would relieve employers from having to issue guaranteed hours offers each reference period to workers who may simply not be interested in them, while ensuring that those who wished to receive such offers could continue to do so.

The Liberal Democrats strongly believe in giving zero-hours workers security about their working patterns, and we are deeply concerned that too many workers are struggling with unstable incomes, job insecurity and difficulties in planning for the future. However, we also recognise that many people value the flexibility that such arrangements provide. Adaptability in shift patterns is often hugely valuable for those balancing caring responsibilities or their studies alongside work. It is therefore important to strike a balance that ensures that workers can have both security and flexibility.

Specifically, small and medium-sized businesses have highlighted that having to offer employees fixed-hours contracts on a rolling basis could impose significant costs and administrative burdens on their limited resources, compounding other challenges, such as the recent increase in employer national insurance contributions and the fallout from the previous Government’s damaging Brexit deal. The Liberal Democrat amendment that was debated in the Lords is in line with our long-standing policy that zero-hours and agency workers should have the right to request fixed-hours contracts—a request that employers could not unreasonably refuse. We believe that measure would maintain valuable flexibility and benefit both parties when the obligation to keep offering guaranteed hours, even to workers who clearly are not interested in them, imposes a significant burden that does not benefit either side.

As with all workplace rights, employees should be supported to exercise a right to request guaranteed hours without fear of any negative consequences in their workplace. The unified fair work agency being set up by the Government, which we welcome, could help ensure that employees received that protection and support. This approach would still give workers the vital security that they deserve, while avoiding unnecessary burdens for employers.

Last time the Bill was debated in the Commons, I spoke in favour of measures that would improve the clarity of the legislation on seasonal work, so I will once again speak in favour of Lords amendment 48B. The sustainability of so many companies, such as farming businesses, depends on getting the right people into the right place at the right time. Any obstacles to actioning that can have a huge impact on company operations, potentially throwing the entire business into jeopardy. Hospitality firms such as pubs, cafés and restaurants also rely on seasonal workers and are particularly vulnerable.

[Euan Stainbank (Falkirk) (Lab)]

Can the hon. Lady define what rights somebody working behind a desk in this place should have under amendment 48B that somebody working behind a bar in this place should not?

[Sarah Olney]

They are different kinds of work with different work patterns, requiring different skills and experience. I am not entirely certain what point the hon. Member wants me to respond to.

If a different regulatory framework is to apply to seasonal work, a clear definition of seasonal work must be created to prevent employers from avoiding their legitimate responsibilities by claiming employees as seasonal workers in inappropriate circumstances. We continue to call for businesses that are especially reliant on seasonal workers to be properly considered when secondary legislation is created, so I urge Members to support amendment 48B.

On trade unions, I again speak in favour of Lords amendment 62B to maintain the status quo, in which a 50% ballot threshold is required for industrial action. The Government’s proposal to remove the threshold entirely means that a trade union could take strike action with only a small minority of eligible members taking part in the vote. That is bound to raise questions among the public about whether the will of workers has been accurately represented, and it risks unnecessarily creating tensions between workers, employees and the general public. That would not be a good outcome for any of the parties involved. We should maintain a robust process for launching industrial action.