Employment Rights Bill

Sarah Russell Excerpts

2nd reading
Monday 21st October 2024 Commons Chamber

[Mrs Sarah Russell (Congleton) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests and my membership of the Employment Lawyers Association, the Industrial Law Society, Unite the Union, Community and the Union of Shop, Distributive and Allied Workers.

The treatment of women in Harvey Weinstein’s companies, UKFast, and plenty of other organisations across the UK is notoriously horrific. A significant number of women work in workplaces that are basically run like medieval fiefdoms. Corporate governance in the UK appears to largely serve to cover up sexual harassment, and to do very little to prevent it.

As someone who has negotiated settlement agreements for a lot of women who have suffered sexual harassment or maternity discrimination, I do not recognise the descriptions of UK employees that I hear from Conservative Members. They appear to regard employees as desperate to bring employment tribunals at any possible opportunity, but my experience of representing women in those situations is that they are desperate to avoid bringing employment tribunal claims. They think that if they talk about what has happened to them, it will cause them significant reputational damage—that they will be blamed for their experiences, and that they will never work again.

As such, they sign settlement agreements meaning that they cannot talk about what has happened to them. They do so knowingly, and often for really quite small sums of money, because they are terrified of the amount it will cost them in legal fees if they try to pursue a claim to tribunal. That is one of the reasons why I am proud to be a member of trade unions and to have given advice to trade union members, because that enables those women to get the support they need to assert their basic workplace rights.

A 2016 TUC report talked about the fact that young women in particular, as well as women on zero-hours contracts, seem to be reporting higher levels of sexual harassment at work than other, older women. In short, those of us who get to a certain age like to hope that things have got better because we stop personally experiencing sexual harassment at work. Unfortunately, the reality is that younger workers, who have less access to advice and support and are more economically vulnerable, continue to receive that harassment year after year. Things are not getting better. Employment rights are fantastic, and it is great that we are improving access to them through this Bill, but when Conservative Members oppose our moves to restrict the use of zero-hours contracts, they do not understand—so far as I can tell—that those contracts, which keep women in precarious employment, are one of the mechanisms by which sexual harassment occurs. As such, I commend the Bill to the House.

Employment Rights Bill

Sarah Russell Excerpts

Report stage
Tuesday 11th March 2025 Commons Chamber

Carers UK’s research also tells us that almost half of all those who left employment early to fulfil a caring responsibility say that they would have stayed in employment longer, had carer’s leave on a paid basis existed. It seems clear that paid carer’s leave helps carers and those they care for, and it is good for our economy. I hope the Government can see that with the same clarity and do the right thing in supporting these vital Liberal Democrat amendments.

[Mrs Russell]

I need to highlight to the House that I am a member of the Community and USDAW trade unions, and I refer the House to my entry in the Register of Members’ Financial Interests. I would like to speak to various bits of this legislation today. There is so much in it, and I know that so many of us on the Government Back Benches are really pleased with what we are bringing forward.

The first part of the legislation that I want to address is clause 22, which will bring forward in future legislation more protections for women who are pregnant, on maternity leave and in the period immediately following their maternity leave. I have spent the past 13 years representing large numbers of women who were either made redundant while pregnant, on maternity leave or trying to come back from maternity leave, or whose employer suddenly woke up one morning and decided that they were underperforming, often within 24 hours of their announcing their pregnancy. I had a client who had been headhunted and brought into the company, was totally stellar, doing incredibly well and got promoted, but then announced her pregnancy and within a week she was on a performance plan. HR explained to her that because they were, you know, kind and did not want to do that to her while she was pregnant, they were very generously offering her a settlement agreement so that she did not have to go through that.

Lots of perfectly decent people do not understand why they are losing their jobs, and it is because they are pregnant. Pregnant Then Screwed found that 12.3% of women who have had a baby have either been sacked, constructively dismissed or made redundant while pregnant, on maternity leave or within a year of their maternity leave ending. It is a widespread problem, so it is fantastic that the Bill contains clause 22, which will allow the Minister to bring forward steps to expand the available protections. I would like to know how quickly we can do that, because pregnant women out there need that protection literally today.

[Lola McEvoy]

My hon. Friend, who has great expertise in this area, is making an eloquent speech. Does she agree that dismissals of pregnant women or new mothers are dramatically under-reported because of the use of non-disclosure agreements in a lot of companies while they are taking action against them?

[Mrs Russell]

I could talk about NDAs at some length, but I do not have time to today. They are definitely problematic, and they are definitely concealing the extent of the problems that women suffer when they announce their pregnancies.

The second element I like in the legislation is the improvements to the right to request flexible working. Those on the Conservative Benches have questioned why we would do this. The answer is that the term “part-timer” is still a term of abuse in this country. While that is still something that people say fairly regularly within workplaces and popular parlance, we still have a problem, so this legislation should help to improve that.

Conservative Members have talked a lot about clause 17 and the third-party harassment elements, and it is worth getting into some of the detail. The defence for an employer for failing to protect their staff from third-party harassment is taking all reasonable steps to prevent that harassment from occurring. Employment tribunals have been interpreting the meaning of “reasonable” for a long time, and in a discrimination claim there is essentially a three-part judiciary: a judge with legal experience, someone with employer experience, and someone with employee experience—sometimes from a trade union, but sometimes from elsewhere. When they talk about “all reasonable steps”, it is only reasonable steps; it is not every single step in the entire history of the universe that anyone could ever dream up or imagine.

[Wera Hobhouse]

The hon. Member is speaking powerfully. Does she agree that this amendment is being used by the Conservative party to condone something offensive and despicable, and that they are trying to defend the indefensible?

[Mrs Russell]

I completely and utterly agree with the hon. Member. Actually, a lot of what is coming from Conservative Members is scaremongering. A lot of those discussing this behave as if employees with unfair dismissal rights were unexploded bombs. All the people I represented did not want to bring tribunal claims; they just wanted to have been treated fairly and reasonably in the first place. They were typically extremely destressed by their experiences, and for quite a lot of them, their mental health had deteriorated substantially in the course of what they had gone through. I do not think that when people have unfair dismissal rights a little bit sooner, they will all be rushing to employment tribunals the moment that something goes slightly wrong in their workplace. What most people want to do every morning is get up, go to work, do a decent job, get paid for it and go home. That is what we will continue to see after this legislation passes: that most employers want to look after their employees perfectly reasonably, and most employees want to do a perfectly decent job.

[Joe Robertson]

I have been rather unsuccessful this afternoon in finding someone on the Government Benches who has concerns about the £5 billion cost to businesses that this Bill will bring. Will the hon. Member express concern over the £5 billion cost and the downward pressure on growth that this Bill brings, according to the Government’s own assessment?

[Mrs Russell]

My primary concern is that those on the Conservative Benches talk about employees as if they are, as I said, unexploded bombs, and they talk about employers as if they are unlikely ever to recruit anyone ever again, and I just do not believe that to be true. Most employers will make a sensible assessment of whether having an additional member of staff will benefit their business and then they will recruit them. [Hon. Members: “Hear, hear!”] Thank you.

It is really important that we cut through the disinformation and scaremongering, and that when we take the legislation forward, ACAS has good information ready to go. It already has great information online— I encourage employers who are worried to look up ACAS information videos on YouTube and look at its factsheets. We must make it clear to people that they have access to sources of free advice, which is important for small businesses, so that they can see what is and is not required of them. The position being stated today is bluntly exaggerated and quite damaging as a result.

[Nick Timothy (West Suffolk) (Con)]

I rise to speak in favour of my new clause 105. The labour abuse that it seeks to address is the wrongful use of substitution clauses by gig economy workers. To guarantee fairness and justice in the labour market, it is crucial that there be transparency, which can be delivered through the introduction of a comprehensive register of all dependent contractors. That will help to ensure that employment rights are upheld and pay is not suppressed through illegitimate competition, but it will also support the enforcement of right-to-work checks. The unlawful employment of migrants with no right to work here is not good for taxpayers, British workers or migrants who follow the rules, yet substitution clauses allow what have become known as “Deliveroo visas”—the industrial scale abuse of our immigration and labour laws.

Before addressing the substance of my new clause, I also commend new clause 30 in the name of my hon. Friend the Member for Bridgwater (Sir Ashley Fox), which I have sponsored. It would give special constables the right to take time off to carry out their police duties. Other public service volunteers, such as magistrates and councillors, receive that right.

I turn to my new clause 105. Ministers have said that they will consult on employment status and moving towards a two-part legal framework that identifies people who are genuinely self-employed. I support that ambition, and I am grateful to the Minister for his warm words in Committee, but my new clause provides a way to resolve a particular abuse and hold big employers in the gig economy to account.

There are 4.7 million gig economy workers in the UK, including 120,000 official riders at Uber Eats and Deliveroo, two of the largest delivery companies in the country. For years we have heard stories of the rampant labour market fraud and visa abuse committed by contractors related to those companies. From late 2018 to early 2019, there were 14,000 fraudulent Uber journeys, according to Transport for London. In addition to Uber and Deliveroo, Amazon and Just Eat have been linked to labour market abuses. Much of that abuse has come through the legal loophole created by substitution clauses.

Amazon tells its couriers that it is their

“responsibility to pay your substitute…at any rate you agree with them”

and

“you must ensure that any substitute…has the right to work in the UK”.

It is a dereliction of duty to pass responsibility for compliance with criminal and right-to-work checks on to workers, but those companies clearly have an interest in maintaining a status quo in which undocumented migrants take the lowest fees in delivery apps.

Data from the Rodeo app shows the effect of that abuse on riders’ order fees. Just Eat riders saw their fees drop by 14.4%, from £6.53 in 2021 to £5.59 in 2023. There was a 3.4% drop for Uber Eats order fees—from £4.36 to £4.21—during the same period. Deliveroo has blocked its order fee data from being published. Those figures are not adjusted for inflation, but it is clear to see how pay and conditions have worsened for riders. By undercutting domestic workers—British workers—and exploiting those with no legal right to be here, companies are privatising profits and socialising costs. Promises from such companies to introduce tougher security checks have not made the problem go away. We should all be appalled by this state of affairs, because nobody should be above the law.

During random checks two years ago, the Home Office found that two in five delivery riders who were stopped were working illegally. In the same month, 60 riders from Uber Eats, Deliveroo and Just Eat were arrested in London for immigration offences, including working illegally and holding false documentation. Last month, Deliveroo sacked more than 100 riders who shared their accounts with illegal migrants. But that is only the tip of the iceberg: insurance companies report unauthorised riders involved in motor and personal injury cases.

That is happening because undocumented migrants are renting rider accounts for between £70 and £100 a week. Profiles have been bought for as much as £5,000. The i Paper found more than 100,000 people on Facebook groups where identities have been traded for years, including one group that gained around 28,000 members in less than 18 months.

Illegal migrants are using social media apps to rent accounts and share information on a significant scale. Today, we only have figures from press investigations, but we can find copious examples across the internet with ease. Legal workers have reported problems to the police and the Home Office, but that has fuelled tensions as they compete for orders and has even led to violent clashes between legal and illegal riders in Brighton and London, including physical beatings and damage to bikes.

People working illegally for these big companies are working longer hours round the clock for lower fees, never knowing when their last payday might be. They use group chats to share information and evade Home Office immigration raids. We do not even know how many substitute riders there are for these companies at any given time. A spokesman for the App Drivers and Couriers Union says:

“Unfortunately there is this loophole that allows some bad people to come through. They are not vetted so they could do anything.”

Employment Rights Bill

Sarah Russell Excerpts

Report stage
Wednesday 12th March 2025 Commons Chamber

[Greg Smith]

My right hon. Friend makes an incredibly important point. If we look at the detail of this Bill, it is very clear and obvious that the Government are trying to make it as difficult as possible for people to opt out of the trade union political fund. That is the very point of them changing this legislation.

[Mrs Sarah Russell (Congleton) (Lab)]

Will the shadow Minister give way?

[Greg Smith]

I will make a bit of progress, then I will come to the hon. Lady.

An opt-in is the default under consumer protection law and information law. Combined with the 10-year reminder change, it is highly likely that many trade union members will not be aware that their subscriptions are being used in this way or that they are eligible to save money on their trade union fees by not being a member of the political fund. Despite all the talk of supporting working people, it is clear that that concern simply does not apply when working people’s money is being taken to fund the Labour party and other political causes. We have tabled amendment 291 because we believe fundamentally that people should consent explicitly to what is, in effect, a subscription trap. Amendment 291 would simply maintain the status quo; it is the right thing to do.

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[Mrs Russell]

I draw attention to my entries in the Register of Members’ Financial Interests: I am a member of Community and the Union of Shop, Distributive and Allied Workers. Can the hon. Gentleman tell us how many times such a ballot has actually resulted in the closure of a political fund? I think he will find that the answer is none.

[Greg Smith]

The hon. Lady is putting up a smoke-and-mirrors argument to try to cover the fact that the Government are changing the status quo from an opt-in system to an opt-out system. To me, it is just straightforward common sense that people would expect to have to opt in rather than, in this particularly egregious case, being casually reminded every 10 years that they could save a bit of money by opting out of a cause that they perhaps did not even agree with in the first place.

In fact, the Secretary of State for Business and Trade, the right hon. Member for Stalybridge and Hyde (Jonathan Reynolds), pledged to end auto-renewal subscriptions. When the Conservatives were in government, we passed the Digital Markets, Competition and Consumers Act 2024, which contained two significant proposals on subscription contracts that are notable here. One of those was reminder notices. Businesses need to provide notices to consumers to remind them that their subscription contract will renew and payment will be due unless the consumer cancels. The second proposal was to allow consumers to be able to exit a subscription contract in a straightforward, cost-effective and timely way. Businesses need to ensure that the process for terminating is not unduly onerous and that consumers can signal their intent to end the contract through a single communication.

The Labour party, which was then in opposition, supported those aims—in fact, the Bill did not go far enough for Labour at the time. On Report, the hon. Member for Pontypridd (Alex Davies-Jones) tabled new clause 29, which the Labour party voted to add to the Bill. The new clause had a two-pronged approach. It required traders to ask consumers whether they wished to opt into subscriptions renewing automatically either

“after a period of six months and every six months thereafter, or…if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due.”

The second aim of the new clause, which the Labour party used to support, would have required that if the consumer did not opt into the arrangement described, the trader had to

“provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.”

If the consumer did not provide a notification, the subscription contract could not renew.

Where am I going with this? [Interruption.] Government Members are chuntering too early, because there has been a considerable shift in the Labour party’s policy position on subscription traps. It seems to believe that consumers should be given every possible opportunity to cancel subscription contracts with businesses, but that it should be as hard as possible to cancel a subscription to the trade union political fund. Under amendment 292 and new clause 88, trade union members would have the same rights, pushed for by Labour, as other individuals with a subscription.

New schedule 2 could be used to give sweeping powers to Labour’s trade union paymasters, as the Secretary of State could reduce the threshold for trade union recognition to as little as 2% of the workforce. Trade unions could easily be imposed on workplaces across the country, with small employers being particularly vulnerable. In a workplace of 200 workers, fewer than five of them would be required for workplace recognition. Paired with the other measures in this Bill, that will strike fear into business owners across Britain, who could now be forced to deal with all-powerful trade unions as part of Labour’s return to the 1970s. The way in which Labour has gone about this is just another example of the shoddy nature of this Bill and of Labour’s approach to workplace regulations. The Attorney General has said that

“excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation, upsets the proper balance between Parliament and the executive. This not only strikes at the rule of law values I have already outlined,”—

I am quoting him—

“but also at the cardinal principles of accessibility and legal certainty.”

On facility time, amendments 293 and 295 would remove clause 54, “Facilities provided to trade union officials and learning representatives”, and clause 55, “Facilities for equality representatives”. They would remove the requirement to provide reasonable time off for facility time, the creation of facility time for equality representatives and clauses that will reduce transparency requirements over facility time, respectively. Together with amendment 296, they would prevent facility time for equality representatives from being provided unless the relevant public sector organisation is meeting its statutory targets for performance. Trade union facility time already costs the Government nearly £100 million a year. Under the last Labour Government, the civil service spent 0.26% of its annual pay bill on facility time, compared with 0.04% in the private sector. Under the last Conservative Government, in 2022-23, the average for the civil service was 0.05%.

Labour councils are still the worst culprit. The transparency data collected by the Government in ’22-23 shows that Transport for London under the Mayor of London, Sadiq Khan, has 881 full-time equivalent union officials on the books, costing £8 million a year. Bankrupt, Labour-run Birmingham city council has 30 full-time equivalent union officials on its central books, costing £1.2 million—no wonder that it went bankrupt. Furthermore, the council had 12 full-time equivalents in its maintained schools, costing £583,000.

Clauses 54 and 55 will increase that cost by giving more time off to public sector union officials at the taxpayer’s expense. That is not right when the Chancellor is asking Ministers to make cuts to their Departments across the board. Public services will be worse and the taxpayer will be expected to contribute more.

Furthermore, the Bill extends the right to facility time to equality representatives, who will now be allowed paid time off work to carry out activities for the purposes of

“promoting the value of equality in the workplace…arranging learning or training on matters relating to equality in the workplace…providing information, advice or support to qualifying members of the trade union in relation to matters relating to equality in the workplace…consulting with the employer on matters relating to equality in the workplace”

and

“obtaining and analysing information relating to equality in the workplace”.

Those are all noble goals, but that should not be done at the taxpayer’s expense.

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[Charlie Dewhirst (Bridlington and The Wolds) (Con)]

I wish to develop some of the detailed and eloquent arguments advanced by my hon. Friend the Member for Mid Buckinghamshire (Greg Smith), and to speak in particular about the amendments relating to part 4 of the Bill and the trade union movement.

Before he leaves, let me thank the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne) for his very measured comments. I enjoyed his referral back to the industrial relations of the 1950s, although I should point out that we have moved on a little since then; I will say more about that shortly. I also thought that he simplified the Opposition’s position. We are not here to bash the unions. We support a progressive, modern trade union movement in which the balance is struck correctly between employer and employees. Unions should not and do not run businesses, but they are an important part of our industrial relations landscape.

There can be little doubt that this is, unfortunately, a Bill drafted by the few to the detriment of the many, and the numerous provisions that will largely abolish the Trade Union Act 2016 threaten to drag the country back to the dark days of the 1970s. The very enjoyable speech that we have just heard from the hon. Member for Blyth and Ashington (Ian Lavery) perhaps illustrates that return to the 1970s. I am pleased to see a number of his friends from the rebellious left on the Government Benches, and I look forward to hearing their comments in due course.

The Trade Union Act 2016 was brought in by the last Conservative Government to reflect the modern British economy and workplace. It moved the trade union movement into the 21st century and ensures that hard-working people are not disrupted by little-supported strike action.

[Mrs Russell]

In my constituency of Congleton, we have been blighted by approximately seven years of strike action by Northern. Does the hon. Gentleman agree that the key to modern industrial relations is to have good industrial relations, not to pull apart Bills that make things better?

[Charlie Dewhirst]

I think the best solution would be proper privatisation of our railways, including nationalised services like Northern, which is constantly on strike. I would use Hull Trains, which serves a lot of constituents in my area and is very rarely, if at all, on strike, as an example of an excellent, private open-access firm. Rail franchises that have been nationalised have a far greater problem with strike action than those that have not.

I wish to go back briefly to the ’70s—the height of the trade union movement. The number of trade union members peaked in 1979, at around 14 million. Since then, the number has declined considerably to around 6 million, the majority of whom are in the public sector. It is often for good reason that people in the public sector are members of a union, but it means that the landscape has changed. We have moved away from being a society and an economy of heavy industry and large manufacturing, and of towns that may have been built on one or two industries, or one or two factories, where everybody in that area was largely employed, either directly or indirectly, in those places. That was where the trade union movement was required, where it was strong and where it was needed.

The modern workplace is very different. We are now largely a services-based economy, and the relationship between employer and employee is much more modern and much more flexible. We have heard about the need for the traditional trade union movement, and about a return to secondary action, flying pickets and so forth. Clearly, there is no place at all for that in the UK now.

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[Jerome Mayhew]

This is a chaotic mess of a Bill, cobbled together in 100 days to satisfy a press release. We have the unedifying spectacle of an amendment paper that is 274 pages long, as the Government try to correct their many mistakes.

The main thing that I want to address in my short speech is the idea that Labour is beholden to the unions. That is often suggested, but let us just look at the facts, because we need to put this to bed. Between 2019 and 2024, Labour received only £31,314,589 from the unions, and in this Parliament more than 200 Labour MPs have been paid directly by the unions. The Ministers in the Department for Business and Trade have collectively received about £120,000 from unions. What are the unions paying for? Whatever it is, they have been handsomely repaid in the drafting of this Bill. To make it easier for Labour Members, who were all here to hear my point of order, perhaps they could put their hands up if they have not received any cash from the unions—oh dear, oh dear!

Clause 52 suggests that there should be a requirement to contribute to political funds when people join a union. It changes the rules on how union members should donate and how they should contribute political funds to the Labour party. Clause 52(2) changes subscriptions from an opt-in to an opt-out. That raises the question: why do we need this clause? What is the problem that the Labour party is trying to fix? Is £31 million just not enough? This clause encourages unions, when signing up members, to take advantage of their distraction, because members will not be focused on that and they will fall into what is in effect a subscription trap.

In other circumstances, the Labour party does not think that subscription traps are a very good idea. In fact, the Government sent out a press release on 18 November 2024 entitled, “New measures unveiled to crack down on subscription traps”. That sounds good so far. It says:

“Consultation launched on measures to crack down on ‘subscription traps’ and better protect shoppers…Unwanted subscriptions cost families £14 per month per subscription and £1.6 billion a year in total”.

It goes on:

“New proposals to crack down on subscription traps have been unveiled today…‘Subscription traps’ are instances where consumers are frequently misled into signing up for a subscription…It comes as new figures reveal consumers are spending billions of pounds each year on unwanted subscriptions due to unclear terms and conditions and complicated cancellation routes.”

The Business Secretary says:

“Our mission is to put more money back into people’s pockets and improve living standards across this country, tackling subscription traps that rip people’s earnings away is an important part of that.”

Clause 52 flies in the face of that press release.

[Mrs Russell]

Does the hon. Gentleman agree that there is a massive difference between major corporations wanting to take money out of people’s bank accounts every month and trade unions wanting to represent people as effectively as possible in the workplace?

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[Lincoln Jopp]

It is a great pleasure to follow the hon. Member for Tipton and Wednesbury (Antonia Bance). She is such a compelling advocate that I am tempted to go on strike myself. I do sense a certain amount of antipathy between the two sides of the House, so, before I come on to make a fair point in support of amendment 292, I want to prepare the ground by doing two things.

First, I want to try to convince Labour Members that they missed an opportunity, because I am, at heart, a rabble-rousing potential motivator of people. When, about three Christmases ago, the ambulance drivers went on strike, it irked me that the soldiers who were going to stand in for them at no notice would have their Christmas ruined, so I started a campaign to try to get them an additional £20 for every day they stood in for the ambulance drivers. This plan was—the Chancellor would have loved this—net positive to the Treasury. Of course, the departments that employ the ambulance drivers and the arm’s length bodies do not pay them on strike days, and the pay differential between them and the £20 bung to the soldiers meant that the Government still saved money. I managed to get The Sun on board and get a letter into the paper, and did a bit of television.

[Mrs Russell]

Is the hon. Gentleman not ashamed that, under his Government, hard-working ambulance drivers felt they had to go on strike?

[Lincoln Jopp]

I think the hon. Lady has slightly missed the point of what I was saying. Reading the body language of Members on the Government Benches, I think they all wanted to hear how this story ended up.

It did help that the then Secretary of State for Defence was a friend of mine, with whom I served in the Scots Guards. We did get the £20 bung for all the service personnel who stood in—regardless of the fact, interestingly, that all the generals, air marshals and admirals were against it, as were all the officials. There you go—I very much have the same values at heart.

Secondly, to win over the other side of the House to the very fair point I will come on to make, let me pay tribute to the remark of the right hon. Member for Birmingham Hodge Hill and Solihull North (Liam Byrne), in respect of union membership, that he wanted people to

“make a fair choice one way or the other”.

I note that the hon. Member for Cumbernauld and Kirkintilloch (Katrina Murray) also referred to fair work. I want to come back to that theme of fairness in addressing amendment 292.

The Bill is, to put it politely, something of a cat’s cradle of clauses, so I will briefly remind the House that the Bill seeks to place on employers an obligation to give their workers a written statement that they have the right to join a union, and, if they do join, to contribute to the political fund. Amendment 292 would simply inject a bit of balance into the legislation by requiring trade unions to notify their members annually that they have a right to opt out of the political fund and to obtain an annual opt-in from their members.

This all puts me in mind of November 1988, when Mrs Thatcher was about to visit Poland. At Prime Minister’s questions, just prior to her going, an Opposition Member stood up and asked whether she would raise with Lech Wałęsa the right to join a trade union. There may be some Members present who were there—I will not be so ungallant as to ask. A roar went up from the Labour Benches, and the redoubtable Mrs Thatcher replied that she would raise with the Poles the right to join a trade union, but that she would also raise the right not to be a member.

The Bill seeks to whack the pendulum pretty hard in favour of union power; our amendment would bring it back into balance somewhat. We all know someone, after all, who has fallen prey to one of those charity muggers who stop people in the street and try to sign them up to whichever charity they are being paid by that day. I have known people who have done that job, and it is not an easy one. Similarly, any Member of this House who stood in a precinct and tried to sell their political brand and get people to sign up will attest to that completely. Sometimes, the charity collectors are successful, and the all-important direct debit details are extracted. In fact, I remember hearing a number of Labour Members railing against this practice in the previous Parliament.

Amendment 292 would remind workers that they still have an off-ramp, if they want one—they still have agency, and they still have freedom of choice. We have heard Member after Member stand up over the past two days of debate and declare—in some cases sheepishly, in some cases more proudly—the money they receive from the trade unions. This is only right and proper. The public can make up their own minds as to whether this money has coloured the judgment of Labour Members, or whether it is simply support from an organisation that shares their values. But to turn down amendment 292 would, in my view, be a dreadful look. This is a totally measured, balancing amendment and, if Labour Members vote against it, the public would be right to conclude that the Government are being motivated not by a sense of equality, fairness and justice, but instead by something else. I urge hon. Members to vote for amendment 292 and to give power to the people.

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[Mrs Russell]

This afternoon I want to talk about a point that I think many of us across the House would agree on: employment rights are quite useless without any sort of enforcement mechanism. I should first mention that I am a member of the Community union and the Union of Shop, Distributive and Allied Workers, and I refer everyone to my entry in the Register of Members’ Financial Interests.

On enforcement, I am very pleased with clause 122 increasing the time for bringing employment tribunal claims from three to six months. It is a result of extensive campaigning by Pregnant Then Screwed and other organisations including the National AIDS Trust. They were very aware on behalf of their members of something I used to see regularly as a solicitor: a lot of people who have been very badly treated in their employment are so traumatised that they cannot come forward and make their claims within the three-month time limit. In addition, that reduces the potential time available for negotiation between former employees and their former employers, which is not in the best interests of either employees or employers. It is therefore really good news for both parties that we will have this increase in the amount of time available to bring those claims.

The other measure that I am particularly delighted about in the Bill is the creation of the Fair Work Agency. We absolutely need there to be accountability for employers that are not paying the national minimum wage. They are few and far between, and those that are not doing paying it need to be properly monitored and subject to enforcement, in order to create a fair playing field for all companies. I am sure that Opposition Members would completely agree that the national minimum wage is a fundamental part of our society and that everyone should be paying it.

The other matter I want to draw attention to is the Adult Social Care Negotiating Body. In my constituency, significant numbers of people need adult social care, and having a stable workforce is important in delivering that.

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[Alison Griffiths]

I think the hon. Lady possibly misrepresents the intent of Opposition Members. We are not anti-trade union; we are anti the drafting of this Bill. I think it is important to make a clear distinction between the two.

[Mrs Russell]

I thank the hon. Lady for her point, but I think it is a very difficult distinction to make: that they are pro-trade union but anti things that make it easier for trade unions to effectively represent workers.

To return to my point, access to trade unions means access to good-quality advice, quicker resolution of disputes and a reduction in unrepresented litigants in person, which, in my experience, can make life genuinely difficult for well-meaning employers. Every single thing in this Bill will be good for workers, but it will also be good for employers, and I will be very pleased to vote for it later today.

[Jayne Kirkham]

I refer to my entry in the Register of Members’ Financial Interests and declare my Unison membership, although I am also an ex-solicitor. I am going to address the Government amendments relating to enforcement, rather than trade union rights.

We have a large demand for social care in Cornwall, as is the case in the constituency of my hon. Friend the Member for Congleton (Mrs Russell). Our population tends to an older demographic and, with many people leaving friends and family to retire to Cornwall, the availability of care is very important. Our social care system is close to breaking point due to the combination of years of underfunding and a fragmented privatised system. Skilled care workers are chronically underpaid for what they do, often at minimum wage, and we struggle to get and retain care workers.

The Bill contains many provisions that will help: strengthened sick pay; parental leave; protection from unfair dismissal from day one; improved family-friendly rights and flexible working; measures to tackle zero-hours contracts, including for agency workers and workers at umbrella companies, as well as for direct employees; and strengthened redundancy rights. The Bill also specifically gives social care workers respect and recognition through a fair pay agreement, and reinstates the School Support Staff Negotiating Body. It will be a game changer for those low-paid workers—mostly women—who work in care and schools.