Employment Rights Bill

Baroness Lloyd of Effra Excerpts

Consideration of Commons amendments and / or reasons
Tuesday 28th October 2025 Lords Chamber

Moved by

[Baroness Lloyd of Effra]

That this House do agree with the Commons in their Amendments 22A and 22B.

22A Line 66, leave out from “within” to “of” in line 67 and insert “any of sections 13, 15 to 19A and 21(2)”

22B: Line 78, leave out subsections (5) and (6)

[The Parliamentary Under-Secretary of State, Department for Business and Trade and Department for Science, Information and Technology (Baroness Lloyd of Effra) (Lab)]

My Lords, I will speak also to Motions F and J. I first come to Motion D, on non-disclosure agreements, also known as NDAs. In the other place, the Government proposed two minor amendments to the clause on NDAs. The first will extend the scope of the clause to include staff of the House of Commons and the House of Lords. We are proposing this change following discussions with the parliamentary authorities. The second will extend the scope of relevant discrimination covered by the clause to include a failure to make reasonable adjustments for disabled persons under Section 21 of the Equality Act 2010. This will ensure that all forms of harassment and discrimination in the Equality Act are covered.

Turning to Motion F, I thank the noble Baroness, Lady Kramer, for her advocacy for reform of the whistleblowing framework in the Employment Rights Act 1996. Whistleblowers play a critical role in shining light on wrongdoing, and the Government recognise that the framework may not be operating as effectively as it could be. The noble Baroness, Lady Kramer, has also championed the importance of whistleblowers, and the Government would welcome further engagement with her and others about their views on whistleblowing. The Minister for Employment Rights and Consumer Protection would be pleased to extend an invitation for a meeting to the noble Baroness to discuss this matter further.

Motion J relates to Amendment 49 tabled by the noble Lord, Lord Leigh of Hurley. This amendment would require a formal consultation with at least 500 SMEs on the Bill’s impact, with a report to Parliament within 18 weeks. The Government have engaged extensively with stakeholders on their make work pay reform since August 2024. A major part of this engagement has been to seek the varied views of SMEs. As of 15 October, we had engaged directly with more than 250 stakeholders. This included 139 businesses, of which 75 were SMEs. This approach to engagement will remain throughout the various consultations, where due consideration will be given to views from small business organisations and their members. We will also look to arrange focused sessions with SMEs, specific to the practical implementation, to understand any challenges and ensure that we can target guidance where necessary.

We are proud to announce that the consultations for the duty to inform workers of the right to join a union, union right of access, enhanced dismissal protections for pregnant women and leave for bereavement, including pregnancy loss, are currently live. We encourage all interested stakeholders to respond.

--- Later in debate ---

Moved by

[Baroness Lloyd of Effra]

That this House do not insist on its Amendment 46, to which the Commons have disagreed for their Reason 46A.

46A: Because it is inappropriate to make changes in the manner proposed to the protections for workers who make protected disclosures and to the duties of employers in relation to such disclosures.

[Baroness Lloyd of Effra (Lab)]

My Lords, I have already spoken to Motion F. I beg to move.

Motion F agreed.

--- Later in debate ---

Moved by

[Baroness Lloyd of Effra]

That this House do not insist on its Amendment 49, to which the Commons have disagreed for their Reason 49A.

49A: Because the amendment is unnecessary.

[Baroness Lloyd of Effra (Lab)]

My Lords, I have already spoken to Motion J. I beg to move.

Motion J agreed.