Employment Rights Bill

Debate between Lord Hunt of Wirral and Lord Lucas
Lord Lucas Portrait Lord Lucas (Con)
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I congratulate the Government on this excellent amendment, and I join the thanks to Zelda Perkins and her colleagues for their tireless efforts to bring it to this point. I have a few questions for the Minister about the Government’s intentions, or present thoughts, regarding the secondary legislation. In particular, is it right that employers will not be permitted to suggest confidentiality? Will there be mandatory independent legal advice? Will confidentiality be time limited, or at least have an opt-out? Will the excepted individuals to whom the victim can speak include someone the victim knows, a friend or a relative, not just independent professionals? Will non-disparagement clauses also be caught by this amendment?

Lord Hunt of Wirral Portrait Lord Hunt of Wirral (Con)
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My Lords, this has been a very important debate and I thank the Minister, the noble Baronesses, Lady O’Grady of Upper Holloway, Lady Goudie and Lady Ramsey of Wall Heath, the noble Lord, Lord Cromwell, and my noble friend Lord Lucas for their contributions. In particular, I congratulate and thank the noble Baroness, Lady Kramer, especially for Amendments 95 and 96. They are vital and long overdue, and I support them very strongly indeed. They strike at the very heart of what it means to have a fair, transparent and accountable workplace. Too often, whistleblowers have faced retaliation, dismissal and isolation, not because they have done anything wrong but because they have identified where something has been severely wrong. That is a moral failure in our system, and it is one that this House must now move to correct.

Workplace harassment, abuse, corruption and mismanagement are not minor private inconveniences to be swept under the carpet but serious matters of public interest. It is precisely in the public interest that these amendments redefine what constitutes a protected disclosure and establish an independent office of the whistleblower. As the noble Lord, Lord Cromwell, just pointed out, this new body would be more than just symbolic. It would enforce real standards, offer real protections and provide real redress for those who are brave enough to come forward. It would finally send a clear signal to employers that retaliation is no longer ever going to be tolerated and that burying the truth behind legal threats and non-disclosure agreements has to stop.

It is particularly important that these protections extend to disclosures around violence, harassment and abuse in the workplace. These are areas where silence is too often enforced and where whistleblowing can save others from further harm. I urge the Government to take this opportunity to stand firmly on the side of transparency, accountability and justice.