Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 3rd June 2025 Lords Chamber

I therefore strongly support the intention behind this amendment, and I hope that the Minister will, on behalf of the Government, take the opportunity that this debate presents to turn awareness into action and disparity into progress. I beg to move.

[Lord Palmer of Childs Hill (LD)]

My Lords, I will speak to Amendments 131, 297 and 314 in the name of the noble Lord, Lord Holmes of Richmond, so movingly introduced by the noble Lord, Lord Hunt.

Each of these amendments seeks to address long-standing inequalities that disabled people continue to face, particularly in the context of work and access to goods and services. Amendment 131 raises the important principle that workers should not be compelled to contribute to the development or sale of products that are knowingly inaccessible—which the noble Lord, Lord Hunt, raised. I hope that the Government, through the Department for Business and Trade, will publish clear guidance on what constitutes inaccessible products and services. Such guidance is needed. It would be invaluable in informing decision-making for businesses and helping workers recognise when they may be asked to contribute to the creation or sale of goods that fail to meet accessibility standards.

Amendment 297, meanwhile, calls for a royal commission. Despite what the noble Lord, Lord Hunt, said, I veer towards saying that we do need something formal such as a royal commission to investigate the persistently low employment levels among blind and sight-impaired people, a disparity that deserves serious attention. The questions that these amendments raise are valid and warrant a considered response from the Government.

I am also interested in the reasoning behind Amendment 314, which calls for a programme and timeline to develop an action plan aimed at closing the disability gap. Recent research from the TUC revealed that the disability gap stood at a staggering 17.2% in 2024, which was an increase on the figures quoted by the noble Lord, Lord Hunt, from 2023. The same figures do not reoccur every year—they are going up—and these figures show that. The amendment represents a measured and practical approach, reflecting a growing consensus on the need for greater transparency and accountability in tackling workplace inequality.

Even if the Government are, unsurprisingly, not minded to accept the amendments in their current form, I hope that Ministers will consider how their intent may be taken forward through alternative means—and there can be alternative means. These are not radical demands but thoughtful suggestions for achieving progress in areas where it is long overdue. I hope that the Government’s heart will be in favour of the reasoning behind these amendments, and that we can all work together towards bringing the legislation into line with what our conscience is saying.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lord Holmes of Richmond for his amendments in this group, and my noble friend Lord Hunt of Wirral for introducing them on his behalf. I also thank the noble Lord, Lord Palmer of Childs Hill, for his contribution.

There is no doubt that those with disabilities, including blind and partially sighted people, face different challenges in the workplace, and the more we can do to increase awareness and representation in the workplace for these people and these groups, the better. We must also recognise that for many disabled people, the challenges begin long before a job interview. Structural barriers, from education and training to transport and technology, can compound over time and create a labour market that is harder to enter and harder to stay in. If legislation can help remove those barriers and create conditions for more equitable access to work, it is our responsibility to act.

It is also important that employers are supported and not penalised, so legislation should provide clarity and encourage inclusive practices. It should offer the right incentives and should not raise the cost or the perceived risk of hiring somebody who may already face disadvantage. Unfortunately, some elements of current legislation do just that.

I hope that the Government and the Minister listened to the concerns that were so well articulated by my noble friend and the noble Lord, Lord Palmer. These are not radical demands, as the noble Lord, Lord Palmer, pointed out, and I hope the Government will address them.

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[Lord Pitkeathley of Camden Town (Lab)]

My Lords, I have tabled Amendment 132 as a probing amendment to highlight some of the concerns from the perspective of small businesses. Amendment 137, proposed by the noble Lord, Lord Palmer of Childs Hill, may perhaps be a different side of the same coin. I refer the House to my register of interests.

The intention behind the amendment is to explore the scope of possible options for better supporting both employees and employers, particularly small employers, who often lack access to in-house HR support, legal expertise or representation from trade unions. This legislation rightly seeks to strengthen workplace protections, and with that comes the need to ensure that small employers are equipped to meet their responsibilities fairly and confidently without being overwhelmed.

A one-size-fits-all approach risks overlooking the structural disadvantages that many small businesses face in navigating employment disputes or resolving workplace issues informally. One concern in this context is the potential for so-called ambulance chasing. I use the phrase cautiously, but it reflects a genuine anxiety among small employers. In the absence of good advice or proper guidance, a small employer may feel compelled to settle a claim, not based on merit, but because the cost, stress and complexity of the legal process makes fighting it feel simply unviable. That can undermine confidence in the system for everyone.

The aim behind the amendment is to consider how we might increase the availability of qualified independent advisers—professionals who can support employees in entering into a settlement agreement with full confidence and understanding, but in a way that is accessible, affordable and proportionate for small businesses too. This could help reduce the number of cases that unnecessarily escalate into formal litigation.

The presence of a well-informed independent adviser can give both parties clarity and reassurance. In such circumstances, access to credible professionals of the kind that organisations like the CIPD can recommend or help bring forward would seem both helpful and sensible. I fully acknowledge the concerns raised by colleagues on these Benches, particularly the risk of diluting the role of unions, especially in larger workplaces, where collective representation plays such an essential role. I value constructive conversations with colleagues and recognise the importance of safeguarding that voice and that function.

At the same time, I believe it important that the voice of business, particularly small business, is heard clearly from these Benches. Too often, the debate around employment rights can polarise into assumptions of employer versus employee or big business versus organised labour. But many of us bring experience from the front lines of running businesses that are small, community based and deeply invested in treating their staff fairly. It is essential that these perspectives are represented not to dilute rights but to ensure that they are designed in a way that is practical and sustainable and that supports good employment outcomes for all.

I also welcome the Government’s broad commitment to improving the enforcement system, including through proposals for the fair work agency and reforms to the tribunal process. These are important developments, and I hope that they lead to a more accessible and efficient workplace landscape for all parties.

Nevertheless, I believe that the specific issues raised here, particularly those that affect small and micro-businesses, merit further reflection. We know that many small employers genuinely want to do the right thing but, without access to the right structures or advice, they may find themselves exposed. That can have an effect on not just the business owner but employees, who may not get the resolution they deserve. Just as we rightly ensure that employees feel heard and protected, those of us with business experience also want to ensure that employers’ concerns are reflected, especially where they lack the infrastructure to manage complex processes alone.

I am happy to withdraw the amendment following the debate and the Minister’s response, but I hope that the reflections it prompts will help shape the implementation of the Bill in ways that are proportionate, inclusive and fair to businesses of all sizes, as well as to the people they employ. I beg to move.

[Lord Palmer of Childs Hill (LD)]

My Lords, I will speak to my Amendment 137 which, as the noble Lord, Lord Pitkeathley, said, is probably the other side of the same coin.

My amendment seeks to expand the statutory right to be accompanied at disciplinary and grievance hearings. As it stands, the law allows workers to be accompanied by only a fellow employee or trade union representative. My Amendment 137—the other side of the coin—would broaden that right to include individuals certified by a recognised professional body as having relevant experience and training in supporting workers through such processes. It also provides for the Secretary of State to regulate which organisations may be authorised as professional bodies for this purpose to ensure that a proper standard is maintained.

At the heart of any disciplinary process is the need for transparency, fairness and due process. This is especially true in the workplace, where livelihoods and the professional reputations of individuals are at stake. Workers should never have to undergo the difficult procedures of disciplinary or grievance hearings alone. The presence of a colleague, union representative or other chosen companion ensures that employees not only are supported but have a safeguard against any unfair treatment or misunderstandings during the process. Not every individual is able to cope with this on their own. Some may well do, but they will need some help.

In fact, the presence of a properly trained professional companion is often the difference between an employee being able to make their case cogently or being denied a fair hearing. The law currently goes some way towards recognising this, but I am afraid that it is increasingly inadequate for the 21st century.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I rise to express a view that I did not think I would be expressing in your Lordships’ House. I am utterly appalled by this proposition and the speech from the noble Baroness, Lady Fox, who, lest there were any doubt, has given the clearest possible indication of her political journey from the extreme left to the extreme right, which is there for all to see.

It is an absolute disgrace to suggest that to seek to help women in the workplace gain equality is somehow to treat them as victims. I did my university dissertation in 1974 on the Equal Pay Act, when the gap between men and women was 25%. Half a century later, it is down to something like 7% or 8%. Yes, that is a huge improvement, but the noble Baroness, Lady Fox, and others who have spoken have said, “Well, that’s okay. We can leave it there. We don’t want to push it any further, because it’s going to burden industry with costs”. What about the women who are burdened with wages lower than they are entitled to get for the job they do on a day-to-day basis?

It is well known that inclusivity in the workforce increases levels of production, is good for problem solving and enhances job retention. I am talking not just about gender issues but wider diversity. The speech that the noble Baroness made and others have echoed will be cheered to the rafters by Nigel Farage and Donald Trump, because it is exactly the sort of thing they have been saying, and I think it is a very dangerous line for Members of this House to push. It is a perfectly legitimate expectation in a Bill such as this that an equality action plan is something that employers should be expected to have. Many already do—they do not need to be told. Good employers have one in place and are benefiting from the standard of output they are getting from employees who are more satisfied because they are clearly better valued. To suggest that we just leave it there is absolute nonsense.

I will not talk about the menopause, but I just could not believe what I heard—that, somehow, women are being painted as victims. As a man, it is difficult for me to comment, but there is a broad spread of opinion that the issue has to be dealt with by employers. To be perfectly fair, some employers do, but others do not, and there should at least be the opportunity for women who want to take advantage of this to be able to do so. To try to slam that door in their faces is an absolute disgrace.

[Lord Palmer of Childs Hill (LD)]

My Lords, what a relief to hear from the noble Lord, Lord Watson—I thought I was going to be on my own with the comments from the noble Baronesses, Lady Fox and Lady Lawlor, and the noble Lord, Lord Jackson. They were prophets of doom and living in another world.

Employment Rights Bill

Lord Palmer of Childs Hill Excerpts

Committee stage
Tuesday 13th May 2025 Lords Chamber

Moved by

[Lord Palmer of Childs Hill]

77: After Clause 17, insert the following new Clause—
“Foster carer’s leave(1) The Employment Rights Act 1996 is amended as follows.(2) In the title of Part 8B, for “CARER’S LEAVE” substitute “CARER’S LEAVE AND FOSTER CARER’S LEAVE”. (3) After section 80J (Carer’s leave) insert—“80JA Foster carer’s leave(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to undertake activities as a result of being a local authority foster parent.(2) For the purposes of subsection (1), “local authority foster parent” is defined in accordance with section 105 of The Children’s Act 1989.(3) The regulations must include provision for determining—(a) the extent of an employee’s entitlement to leave under this section;(b) when leave under this section may be taken.(4) Provision under subsection (3)(a) must secure that where an employee is entitled to leave under this section the employee is entitled to at least a week’s leave during any period of 12 months.(5) The regulations may make provision about how leave under this section is to be taken (including by providing for it to be taken non-continuously).(6) The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.”(4) In section 80K—(a) in subsection (1), after “80J” insert “and 80JA”,(b) in subsection (2), after “80J” in both places it occurs insert “and 80JA”,(c) in subsection (4), after “80J” insert “and 80JA”, and(d) in subsection (5), after “80J” insert “and 80JA”.(5) In subsection (1) of section 80L, after “80J” insert “and 80JA”.(6) In section 80M—(a) In subsection (1)—(i) in the opening words, after “80J” insert “80JA”,(ii) in paragraph (e), after “80J” insert “and 80JA”,(iii) in paragraph (f), after “80J” insert “and 80JA”,(iv) in paragraph (g), after “80J” insert “and 80JA”,(v) in paragraph (h), after “80J” insert “and 80JA,(b) In subsection (2), after “80J” insert “and 80JA”, and(c) In subsection (3), after “80J(4)” insert “and 80JA(4)”.”Member’s explanatory statement
This new clause ensures local authority foster parents are entitled to at least one extra week’s leave every 12 months.

[Lord Palmer of Childs Hill (LD)]

In moving my Amendment 77, I shall speak to Amendments 78, 79, 135 and 144 in my name. Amendment 77 seeks to extend to foster carers the leave given to carers, and I hope that noble Lords will see this as a necessary clarification, which is all that it is. Amendments 78 and 79 focus specifically on kinship carers and would require larger employers—those with over 250 staff—to review the support they offer to unpaid carers. Amendments 78 and 79 seek to address a significant gap in employment rights for kinship carers by introducing a new entitlement to kinship care leave. Amendment 78 proposes a provision to establish this right, while Amendment 79 links the proposed entitlement to the broader provisions of the Bill.

These amendments respond to a pressing social need. Over 130,000 children across the UK are currently being raised in kinship care arrangements—more than three times the number in foster care. Despite the critical role that kinship carers play, often stepping in during times of crisis to prevent children entering the care system, they receive far less support, including in the workplace. Introducing a specific entitlement to kinship care leave would provide families with much-needed time and space to adjust, to make the necessary arrangements and to ensure the child’s well-being during what is often a traumatic transition. Not only would this improve outcomes for children and families but it would help relieve pressure on the formal care system, where costs are often excessive and the emotional toll on children is, I am sure, significant. In enabling kinship carers to remain in employment while fulfilling their caregiving responsibilities, these amendments recognise the long-term social value of keeping children within loving, familiar, family environments.

Amendments 78 and 79 would introduce a right to kinship care leave and link it to broader employment provisions. As I say, 130,000 children in the UK are in kinship care, which is more than three times the number in foster care. Kinship carers often step in during family crises, preventing children entering state care, yet they lack formal workplace protections. These amendments would provide time for families to adjust and to support a child’s transition—especially vital in sudden or emergency situations. I maintain that supporting kinship care is cost-effective and reduces reliance on costly private care providers that profit from family meltdown. This is about reshaping workplace culture to reflect the reality of modern families and ensure that children can remain in loving, stable homes. These proposals align with broader efforts to reform the care system and should be viewed as part of a compassionate, pragmatic approach to child welfare.

Amendment 135 would make carer’s leave a paid entitlement. I do not really need to add more than that.

Amendment 144 would require employers with more than 250 employees to consider what support they offer to unpaid carers within their workforce when publishing their gender equality action plans. This is a modest but important step towards recognising the hidden pressures faced by most employees, most often women, who juggle paid work with unpaid caring responsibilities.

Unpaid carers are the backbone of our social care system—where would we be without them? Yet their contribution is routinely overlooked in workplace policies and gender pay gap reporting. By including consideration of unpaid carers in gender equality action plans, we would acknowledge the real-life factors that contribute to disparities in career progression, earnings and job security. Employers cannot meaningfully address gender equality without recognising the care burden that disproportionately falls on women. This amendment is a practical and proportionate way in which to ensure that unpaid carers are no longer invisible in workplace policies.

When drafting my words for today, I did not realise how important kinship care was. One talks about the mothers and fathers, but very often it is the aunts, uncles, grandmothers and grandpas—other people who are kin to the child—who are not recognised in our system as producing the support that our system requires. I hope that noble Lords will support the amendment in my name, which I beg to move.

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[Lord Katz (Lab)]

It will not come as a surprise to my noble friend that we cannot accept the amendment in front of us today. However, I am very happy to work with him to ensure that your Lordships’ House can consider this most important issue again on Report. So I respectfully ask him not to move this amendment and ask that the noble Lord withdraws his amendment.

[Lord Palmer of Childs Hill (LD)]

I feel humbled by this debate. It started off for me with the noble Lord, Lord Watson of Invergowrie, and the right reverend Prelate and it went on in the same vein, right across the House: the feeling that there was this Bill, the Employment Rights Bill, and that we recognise that within employment rights there are carers who have been ignored and need to be paid for what they are doing, for people and for the system that they underwrite.

The Government have not really replied in positive enough terms on this, but we will come back to this on Report with specific amendments. By that time, I hope that Government Ministers will go back to their colleagues in the other place and say that across the House, from all parts of this House, there was a feeling that unpaid carers need to be recognised in the Employment Rights Bill, and that kinship carers, who have not been recognised before, need to be recognised. We hope the Government have heard this and we look forward to a positive response by Report. I beg leave to withdraw my amendment.

Amendment 77 withdrawn.