Employment Rights Bill

Lord Prentis of Leeds Excerpts

Committee stage
Monday 16th June 2025 Lords Chamber

Moved by

[Lord Prentis of Leeds]

253A: After Clause 74, insert the following new Clause—
“Amendments to law on unlawful inducements(1) The Trade Union and Labour Relations (Consolidation) Act 1992 is amended in accordance with subsections (2) to (3) below(2) In section 145A (inducements relating to union membership or activities)—(a) after subsection (1), insert—“(1A) A worker has the right not to be excluded or omitted from an offer made by the employer to any of its workers if the exclusion or omission was on the ground that the worker—(a) ?save-line2?was, or proposed to become, a member of an independent trade union;?save-line2?(b) had taken part, or proposed to take part, in the activities of an independent trade union at an appropriate time;(c) had made use, or proposed to make use, of trade union services at an appropriate time;(d) had failed to accept an offer made in contravention of this section or section 145B;(e)?save-line2? was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused, or proposed to refuse, to become or remain a member.”(b) in subsection (2), for “subsection (1)” substitute “subsections (1) and (1A)”;(c) in subsection (4), for “subsections (1) and (2)”, substitute “subsections (1), (1A) and (2)”;(d) in subsection (5), after “has made him an offer” insert “or has excluded him or omitted him from an offer”.(3) In section 145D (consideration of complaint)—(a) in subsection (1) after “145A”, insert “or relating to an infringement of section 145A(1A)”;(b) after subsection (1) insert—“(1A) On a complaint under section 145A relating to an infringement of subsection 145A(1A) it shall be for the employer to show the ground on which the worker was omitted or excluded from the offer.””Member’s explanatory statement
This amendment seeks to ensure that workers are protected if they are excluded or omitted from an offer because they are trade union members. The provision aims to ensure that section 145A applies to conduct which undermines the employees’ rights to freedom of association.

[Lord Prentis of Leeds (Lab)]

My Lords, Amendment 253A concerns inducements relating to union membership or activities. This is a simple amendment to clarify Section 145 of the Trade Union and Labour Relations (Consolidation) Act 1992. The reason for this amendment rests in the dispute between Livv Housing Group, a housing association based in Liverpool, and its staff, represented by UNISON and Unite.

In 2011, the pay of Livv Housing workers had fallen by over 30% in real terms. But Livv Housing was not a failing company: it had recorded annual surpluses in the last five years ranging from £14 million to £25 million, with reserves of over £110 million. In the autumn of last year, talks on a long-overdue equal pay agreement and an annual pay rise had broken down. Union members voted to take lawful industrial action. Livv Housing did not engage. It did not look to the underlying causes of the dispute. Instead of seeking a fair deal, it decided that it had found a loophole in the 1992 Act which it would exploit.

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[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

Do I take it the noble Lord wishes to withdraw the amendment without further contribution?

[Lord Prentis of Leeds (Lab)]

Yes.

Amendment 253A withdrawn.