Employment Rights Bill

Debate between Baroness Neville-Rolfe and Lord Evans of Rainow

Committee stage
Tuesday 29th April 2025 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I am speaking from the Back Benches to make two brief points. I apologise for not speaking at Second Reading.

First, if we have to have a purpose clause—it is not an approach that I particularly favour—it has to include a reference to competitiveness, growth and perhaps, as the noble Baroness, Lady Carberry of Muswell Hill, has suggested, productivity. Does the Minister agree?

Secondly, like my noble friend Lord Hunt of Wirral, I am shocked at the number of government amendments made to the Bill at such a late stage, and to legislation that is so important to all parts of business, all employers in the public sector and of course all employees, and their representatives, whom the noble Lord, Lord Monks, rightly referenced.

I have some sympathy for the Minister. I had a similar experience with the Procurement Act, although it was not quite as bad because we had consulted extensively, and it was a Lords starter. But like this Bill, it was introduced before it was ready and needed a large number of amendments. As the responsible Minister, I was very keen to listen to criticism of the detail and respond by agreeing to amendments or tabling government amendments that responded to the genuine difficulties, and I think there are genuine difficulties with this Bill. We worked across the House very well and I hope the noble Baroness will consult her Front-Bench colleagues, the noble Baronesses, Lady Chapman and Lady Hayman of Ullock, who engaged constructively in scrutiny on all the procurement detail.

Another good example is the minimum wage legislation referenced by the noble Baroness, Lady O’Grady. I remember when I was at Tesco persuading the then Labour Government that they should not include a requirement to put the national minimum wage on all payslips. It was going to cost us millions and require a change in our IT systems. Labour listened and the implementation of the Act went more smoothly as a result. It is very important to listen to the practicalities when making these changes. They can affect different parts of the Bill in different ways.

Finally, we have heard a lot about Europe and comparisons with Europe. I have spent a lot of time in Europe, but I would be interested to hear also about what is going on in the growing markets of Asia and—I suppose until more recently—the growing market of the United States.

[Lord Evans of Rainow (Con)]

My Lords, I will speak briefly to Amendment 1 from the noble Lords, Lord Fox, Lord Sharpe and Lord Hunt. Paragraph (c) would

“make provisions about pay and conditions in certain sectors”.

My noble friend Lady Stowell of Beeston made some very good points about the tech sector—those entrepreneurs and businesses of the future. It was very important to hear what she had to say. However, I wish to stand up for the hospitality sector. Do any of the Members opposite know what it is like to run a hospitality sector business and the challenges of employing people to cater and serve in that sector?

UKHospitality recently launched the social productivity index, which shows that the hospitality sector is also a key driver in socially productive growth, not only contributing to economic expansion but fostering social mobility and regional development. With 57% of the workforce working 30 hours or fewer per week, the sector offers flexible employment options that make it particularly accessible to students, carers and parents—I do not know how many noble Lords in this Chamber today at some stage in their career worked in hospitality, but it is an excellent first opportunity to get into the world of work.

Unfortunately, in broad terms, the proposed changes in the latest set of amendments to the Bill seem destined to result in a framework of requirements that are more likely to hinder than to promote growth in the hospitality sector. In particular, without further addressing the concerns of businesses and considering alternative options, it is felt that the Bill is likely to lead to reductions in staff recruitment, the rate of wage growth and the level of investment. The Bill looks likely to hinder hospitality businesses and restrict growth. It seems to assume that all employers are bad actors with regards to their dealings with their staff. This is patently not the case for the majority of businesses, which recognise the need to recruit and retain staff and ensure they are supported and secure at work.

There still appears to be a disregard for seasonal business models and unpredictable trading in sectors such as pubs and wider hospitality businesses, which are required to adapt quickly to changes in trade patterns determined, for example, by weather or other events outside their control. A reduction in businesses’ ability to respond quickly and proactively to changing demand will undoubtedly result in higher operating costs. That will naturally need to be met by either increasing prices, reducing other staff costs or reducing investment.

These impacts are compounded by the Budget announcements on employer NICs and national living wage rates. Spiralling employment costs will be exacerbated by the additional cost and administrative burdens that the Bill will layer on top, all impacting investment and growth. The unintended consequences of this Bill are slower wage growth and recruitment. I am sure the Minister does not intend that to be the case. Can she reassure the Committee that it will not be the case if the Bill goes ahead as it is?