Employment Rights Bill

Wera Hobhouse Excerpts

Tuesday 11th March 2025 Commons Chamber

[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.

--- Later in debate ---

[John McDonnell]

I think that across the House it took a long while to recover from the anger at the behaviour that was displayed in front of the Select Committee. The chief executive was acting with impunity because he had been able to price in those sorts of fines, and it was a cross-party view that we were angry about that behaviour. That is why the charter is so important to us, and why injunctive relief that is open to trade unions would provide an adequate starting point for getting some form of justice.

A range of other issues need to be addressed, including schedule 4, where the Government are introducing the ability to monitor the behaviour of companies. Harbourmasters monitor some of that behaviour as well, with declarations that companies are abiding by basic health and safety practices—some practices in the past have been frankly terrifying. We want health and safety to be about more than just basic legislation; it is also about rosters and how long people are working. We still have ferry contracts where people are working for 17 weeks without a break. We want to ensure that the regulations cover rosters, as well as holiday pay, sick pay, pensions and ratings training, so that we can start to get some form of accountability within the sector. That is not much to ask for, yet we have given shipping owners £3 billion of tonnage tax exemptions in return for the employment of British seafarers, and I do not think we got a single job as a result of that £3 billion. There is a need for proper regulation of the sector.

I tabled an amendment to ask the Government to stand back once a year and bring a report to the House on how implementation of the Bill is going, and to update us on the implications for maritime law and International Labour Organisation conventions, and the impact on the sector. A lot of debate on this issue has been about ferries, but we want to ensure that the provisions apply to all vessels, not just ferries. One point made by those on the Labour Front Bench when considering the Seafarers’ Wages Bill was that if a ship came into a harbour 52 times a year, the legislation would apply. Now—I do not know why—that has been extended to 120 times year, which means that thousands of workers will lose out because the measure will not apply to them. Will the Government have another conversation about that and see whether we can revert to the original position of the Labour party all those years ago when these scandals happened?

There is not much time but, briefly, I am interested in the extension of sectoral collective bargaining right across the economy. We are doing it with social care, but what I have seen from proposals in the Bill does not look like sectoral collective bargaining to me; it looks simply like an extension of pay review bodies. Indeed, the Bill states that any agreements within those organisations cannot legally be accepted as collective bargaining.

The Bill is not clear about how members of the negotiating body are appointed or by who. We were expecting that it would be 50% employers and 50% trade unions, and I tabled an amendment to try to secure that. We think that the negotiating body should elect its own chair, not that the chair should be appointed by the Secretary of State. We want such bodies to be independent and successful, because I see that as the first step in rolling out sectoral collective bargaining in many other sectors of our economy. That is desperately needed because of the lack of trade union rights and the low pay that exists.

The Bill is a good first step, but there is a long agenda to go through. I look forward not just to the Bill proceeding, but to the Minister bringing forward an Employment Rights (No. 2) Bill in the next 18 months.

[Wera Hobhouse]

I rise to speak in support of new clause 74, which appears in the name of the right hon. Member for Sheffield Heeley (Louise Haigh). I pay tribute to her and to my hon. Friend the Member for Oxford West and Abingdon (Layla Moran) who have campaigned on these issues for a long time. New clause 74 seeks to ban non-disclosure agreements that prevent workers from making a disclosure about harassment, including sexual harassment—we have talked about sexual harassment in the workplace for the last four or five hours.

NDAs were initially designed to protect trade secrets by restricting the sharing of certain information, but in recent times they have taken on an entirely different and quite sinister role. They have essentially become the default solution for organisations and individuals to settle cases of misconduct, discrimination and harassment, keeping the extent of such incidents unaccounted for. Incorporating clear provisions to ensure transparency in cases of harassment would strengthen protections for all workers.

Data from Can’t Buy My Silence has revealed some deeply worrying statistics about the misuse of NDAs. In a survey of more than 1,000 people who experienced harassment and discrimination in the workplace, 25% reported being forced to sign an NDA, while an additional 11% stated that they could not say due to legal reasons, implying that they had also signed an NDA. Four times as many women as men sign NDAs, and they are used disproportionately against women of colour.

In Committee, the Minister said that the Government had “reservations” about changing the law in this way, as there may be “unintended consequences”. I struggle to understand why the Government have committed to banning universities from using NDAs in cases of sexual misconduct, harassment and bullying but have not committed to extending those protections to other sectors. NDAs are clearly being used in a totally different way to what they were designed to achieve, and we must stop this before more victims are silenced. I heard the Minister say earlier that he is at least looking at what new clause 74 is trying to achieve.

Despite my concerns about the misuse of NDAs, the Bill as a whole has many very positive provisions. Importantly, it finally legislates to protect workers from third-party harassment. I brought that forward in my original Bill that became the Worker Protection (Amendment of Equality Act 2010) Act 2023, which recently became law. However, it was blocked by amendments made to the Bill in Committee in the House of Lords by the Conservative party, so that such liability and protection from sexual harassment by third parties in the workplace was not created. We have already discussed that several times this afternoon.

I am most pleased that the Government have committed to making workplaces safer through this protection, because that is what this is all about. Creating safer workplaces is good for everyone, including businesses, despite what the Conservative party says. A study by Culture Shift found that 66% of businesses believe that preventing sexual harassment is very important. I do not know what Conservative Members are talking about when they say that their inboxes are full; I have not seen a single email from a business writing to me to say that it is worried about protecting its own employees from third-party harassment. According to WorkNest, three quarters of employers are still concerned about protecting employees from harassment by third parties. Businesses are concerned that they cannot protect their workers from third-party harassment; they clearly want these protections to be included in the Bill.

Too many people still suffer from third-party harassment at work. Amendment 288, which tries to remove those important provisions, is plain wrong. Employers have a duty to ensure the safety of their employees from not just other employees, but third parties who may interact with them in the workplace. That responsibility should be part of their broader commitment to workplace safety. If the Conservative party is truly committed to a world without harassment and sexual harassment in the workplace, why is it still condoning offensive language and behaviour as “banter” and “free speech”, rather than taking a step to support businesses and protect workers from sexual harassment in the workplace, as proposed in the Bill?

I am grateful that the Government have ensured the completion of my Act as it was intended a year or two ago. Although I remain concerned about the misuse of NDAs, I welcome many of the provisions in the Bill. I will be proud to walk through the No Lobby when we come to vote on amendment 288, and I hope that all right-minded people will join me there.

[Jess Asato (Lowestoft) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests. I am a proud member of the trade unions USDAW, Unison and GMB, and I am also proud to have worked at a domestic abuse charity for six years. That is why I rise today to speak in support of new clause 22, which I have tabled with the support of colleagues from across the House. I am an officer of the all-party parliamentary group on domestic violence and abuse, the secretariat of which is ably provided by Women’s Aid. I have tabled this new clause following evidence presented to the APPG, with the drafting support of the law firm Hogan Lovells.