Employment Rights Bill

Lord Sharpe of Epsom Excerpts

Committee stage
Thursday 5th June 2025 Lords Chamber

[Baroness O'Grady of Upper Holloway (Lab)]

My Lords, following the invitation from the noble Baroness, Lady Bennett, I do feel obliged to say some very brief words on this group of amendments. I was at the helm of the TUC when we produced an AI manifesto for workers and that manifesto was AI-positive and optimistic about the potential for AI to help us create more satisfying work for workers and also boost productivity if we share those gains fairly. But it was also realistic, because the real experience of workers at the sharp end in terms of technology more generally is that it has often been used to drive, for example, the gig economy that this Bill proudly is looking to tackle in terms of insecurity and low pay.

Workers also experience oppressive surveillance, with Amazon being right at the top of the rogues’ gallery in that respect. And, of course, technologies such as facial recognition have been developed that bake in race discrimination. So, of course workers are right to be wary and concerned. That is why one of the key demands in that AI manifesto was, as the noble Lord has talked about before, the right to a human review when it comes to decisions about hire and fire. The right to a human review is a fundamental human right. Critically, the manifesto called for a voice for workers in agreeing new technology, including AI agreements, so that workers’ concerns are addressed directly and agreements are made with employers about how AI is introduced and used.

Given that, in a very welcome sense, there has been such broad interest and concern expressed in this short debate, can the Minister reassure us that we will be addressing not just problems such as the gig economy that we saw growing in the 20th century but the new challenges of the 21st century, where workers urgently need protection?

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lord Holmes of Richmond, the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Bennett of Manor Castle, for their amendments in this group and for their thoughtful introductions and contributions to what is clearly a vital and timely discussion around the future of artificial intelligence in the workplace.

Amendments 148, 149 and 150, tabled by the noble Lord, Lord Clement-Jones, seek to define AI systems in statute, mandate a workplace AI risk and impact assessment, known as a WAIRIA—I was not sure how to say it—and impose statutory consultation duties on employers prior to the deployment of such systems. In my respectful opinion, these measures go a bit too far at this stage.

To begin with the proposed definition of an AI system, I fully accept the need for clarity in legislation, but the definition offered here is overly expansive and risks capturing a vast range of tools, from predictive text and email sorting to payroll systems and basic data analytics. Technology evolves rapidly, and we think that any attempt to lock such a broad and fluid concept into rigid statutory language at this point risks hindering innovation and forcing employers into compliance regimes for systems that may pose no meaningful risk at all.

On the proposal for workplace AI risk and impact assessments, the intentions behind this are understandable. However, the execution here reads a little more like a blueprint for a full-scale regulatory regime rather than a light-touch safeguard. Employers would be expected to carry out detailed documentation, consult staff, assess and monitor impacts on mental health, contractual terms, pay and more, and then repeat that process at least annually or upon any system change—and that is no small task. For large employers it might be possible, but for SMEs it would surely be burdensome and, in many cases, entirely unworkable. Our concern is not with the principle of transparency or fairness but with the disproportionate bureaucratic weight that these provisions would place on businesses, particularly those outside the technology sector, which simply may not have the capacity or technical knowledge to meet such a standard.

The third proposal, which is a statutory duty to consult employees or trade unions at least one month before deploying AI systems, again assumes a degree of foresight and technical certainty that may not always exist in practice. The development and use of AI systems is often iterative, and definitions, use cases and impacts evolve over time. Requiring formal consultation at every turn risks paralysing technological progress and may well deter even the cautious adoption of beneficial systems.

I recognise that the amendments are rooted in a desire to protect workers and uphold ethical standards, but we have to resist the temptation to reach immediately for sweeping, front-loaded legislation in a domain that is still very much in its infancy. Regulation in this space, as I am sure all noble Lords would agree, must be agile, proportionate and grounded in practical reality.

We are entering a new phase where AI is no longer confined to research labs or boardrooms. It is appearing across ordinary workplaces, public and private alike. There are tremendous opportunities to improve productivity, streamline operations and foster collaboration between human workers and AI tools, yet we think many of the proposals in this group—including those seen elsewhere, such as the mandatory appointment of AI officers, rights to personalised algorithmic explanations, opt-in clauses, and statutory principles of fairness and explainability—share a common shortcoming, which is that they attempt to legislate about highly technical and fast-evolving systems with a degree of rigidity that may prove counterproductive.

We on these Benches share the Government’s ambitions to become a world leader in this space, and therefore we must remain mindful of all those factors, as well as of existing protections. Several of these proposals risk duplicating duties already present under UK GDPR, data protection law and various existing employment safeguards. The creation of overlapping, inconsistent or duplicative regimes could confuse employers and regulators alike, all while doing little to prevent truly harmful practices.

While we acknowledge all the opportunities that are potentially offered by AI, we must remain vigilant to the risks that it poses, including algorithmic bias, opacity and decision-making—which we have heard a lot about—and the misuse of personal data. But that vigilance must be coupled with regulatory restraint. We ought to be cautious to not impose premature, overly burdensome rules that stifle innovation and overwhelm well-intentioned employers, particularly in low-risk use cases, such as rota planning, document handling or payroll automation.

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[Baroness Barran (Con)]

My Lords, it will amaze the Committee to know that I do not support the amendments in the names of the noble Lord, Lord Hendy, and the noble Baroness, Lady Jones of Moulsecoomb. This could be a golden moment—I do not want to spoil it before it happens—where the Minister and I are on the same page. We will hold our collective breath.

I will make a few points. It was helpful and genuinely interesting to hear the history, context and examples that the noble Lord gave in relation to collective bargaining, but the fundamental concern that we have is that we find it hard to see how many of those—he talked about zero-hour contracts, for example—really apply to public sector employees across our schools and academies.

Our sense is that, in a world in which the Secretary of State receives advice from the negotiating body—the SSSNB, although I noticed that in my amendment on the Marshalled List I cunningly dropped one of the S’s, which makes it easier to say—the principle that the Secretary of State retains discretion is a good principle to stick to. I think the noble Lord explained that there could be ways in which the Secretary of State could overrule, but I feel that that makes it unnecessarily complicated. Perhaps more importantly, it fundamentally changes the relationship between unions and employers, and risks—perhaps more than risks—creating a much more oppositional relationship, where trade unions on one side and local authorities and trusts on the other are directly opposing one another in these negotiations. I also question whether it is practical, given the nature of our schools landscape.

Can the Minister clarify a couple of points? Amendments 153, 159, 160, 162, 167 and 170—the amendments that would leave out “employment”—would make the clause broader, to cover staff who are under contract rather than under contract of employment. Our concern is that that could cover people such as casual exam invigilators, peripatetic music teachers or staff who are under contract to look after the grounds. I would be grateful if she could confirm that the remit of the Bill refers to “terms of employment” as we understand it to mean.

Amendments 155 to 158 say to leave out “or is not”. This relates to the Secretary of State’s ability to prescribe the SSSNB remit through regulations. As the Bill is currently drafted, the Secretary of State can say that something is or is not to be treated as remuneration or a term of employment. For example, at present it could be said by the Secretary of State that an honorarium payment is not to be treated as being within the SSSNB’s remit. Removing “or is not” would mean the Secretary of State would have to be very specific indeed about what is to be considered remuneration. The current wording allows enough specificity about what is—and, importantly, what is not—within the remit of the SSSNB. We would argue that it is very important that that wording remains as is to avoid unnecessary confusion, tension or debate on its scope.

[Lord Sharpe of Epsom (Con)]

My Lords, I thank the noble Lord, Lord Hendy, the noble Baroness, Lady Jones, and my noble friend Lady Barran for their contributions to this debate. I commend the noble Baroness, Lady Jones, for getting rich people and yachts into a debate on the School Support Staff Negotiating Body. That is no mean achievement and she deserves our congratulations. I very much enjoyed the history lesson from the noble Lord, Lord Hendy. I learned a lot and I am very grateful, but I am afraid I have not necessarily arrived at the same conclusions or been swayed by his arguments.

I turn to the amendments. Amendment 153 seeks to confine the School Support Staff Negotiating Body’s remit solely to matters defined under Section 178(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, effectively transforming the body from a consultative forum into a collective bargaining entity. It seems to us that this is a dangerous and fundamental shift. The negotiating body was designed to provide flexible, pragmatic consultation tailored to the diverse and complex nature of school support staff roles across a variety of settings. As we have heard, these range from small rural primaries to large multi-academy trusts. To impose the rigid and often adversarial legal framework of collective bargaining, as defined by industrial law, is to ignore the realities and needs of schools and academies. It risks bogging down negotiations in legal disputes and inflexible procedures that seem wholly unsuited to education.

Secondly, it dangerously extends the remit to include those working under contracts other than contracts of employment. That would create a vague and problematic category that threatens to blur employment relationships, dilute employer responsibility and foster legal uncertainty. Introducing such ambiguity would lead to confusion, disputes and potential litigation, detracting from the core mission of supporting school staff effectively.

Thirdly, Amendment 154, signed also by the noble Baroness, Lady Bennett of Manor Castle, demands a formal dispute resolution process involving conciliation by ACAS and binding arbitration by the Central Arbitration Committee. While dispute resolution is important, mandating binding arbitration at multiple levels removes essential local discretion and flexibility. Schools and trusts require the ability to resolve issues quickly and pragmatically without resorting to protracted and costly arbitration. This amendment risks entrenching lengthy legal processes that are incompatible with the fast-moving and diverse educational establishment and environment.

Additionally, expanding the negotiating body’s remit to include discipline, grievance procedures and any “other matter” agreed by the parties is dangerously vague. It threatens to overload the body with operational matters that should be handled locally by employers, who understand their context best. It risks creating bottlenecks in decision-making, delaying essential actions and ultimately frustrating both staff and management. In essence, these amendments push for a highly legalistic industrial relations model that is inappropriate for school support staff and the complex, varied environments in which they work. It will increase bureaucracy, create inflexibility and heighten the risk of industrial conflict rather than fostering practical co-operation.

Building on these concerns, I will emphasise the significant risk of unmanageable negotiations that other amendments in this group introduce. If the negotiating parties are free to consider any payment, entitlement or matter without clear limits, the scope of discussions could become unwieldy and unfocused. Instead of concentrating on core issues, such as fair remuneration, reasonable terms and meaningful career development, negotiations would risk becoming mired in peripheral or impractical demands. This would risk slowing down the entire process, making it less efficient and ultimately less effective in delivering tangible benefits for school support staff.

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[Lord Sharpe of Epsom (Con)]

Can I seek a point of clarification on the noble Lord’s clarification, which I am very grateful for? Was his argument that extending and future-proofing—I think those were his words—this for the self-employed is because he feels that there will be more self-employed people as a consequence of this Bill?

[Lord Hendy (Lab)]

No, not at all. Growing self-employment has been a trend for the last 20 years, which has perhaps accelerated a bit in the last 10 years. The worry is that school employers may adopt the device of allocating work to the self-employed, rather than to employed persons. If that is the case, there ought to be room for the negotiating body to deal with that issue and the consequences of it. I beg leave to withdraw my amendment.

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[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Baroness Coffey for her amendment and for her thorough and comprehensive introduction to it. I also thank the noble Baroness, Lady Finlay of Llandaff, for her perspective and experience, which are very valuable contributions to this debate.

This is a measured and constructive idea. As we have heard, the social care workforce is highly mobile, and too often valuable training is overlooked or repeated when someone moves to a new role. A centralised system that records training could easily help ensure that skills are recognised across the sector, improve efficiency and reduce unnecessary duplication. As the noble Baroness, Lady Finlay, pointed out, in many cases a unique expertise would be brought that deserves to be recognised. It would also show respect for the professional development of care workers. It would signal that their time, effort and learning are worth tracking and carrying forward and are not lost at the point when they change jobs.

I of course acknowledge that the practical arrangements for such a scheme would need careful planning, but the principle is sound. Enabling continuity in workforce development would support retention, raise standards and bring consistency to a fragmented sector. I seriously hope that the Minister is listening.

[Baroness Merron (Lab)]

My Lords, I thank all noble Lords for their contributions to the debate on Amendment 200A. I certainly can assure the noble Lord, Lord Sharpe, that I am listening very closely. I am grateful to the noble Baroness, Lady Coffey, for tabling this amendment, which would require social care providers to ensure that their employees have access to any scheme logging training achievements that Social Work England may establish. Let me say at the outset that I understand the intent of the amendment, which is to give care workers development and extend their skills. As the noble Baroness, Lady Finlay, and the noble Lords, Lord Sharpe and Lord Palmer, said, this would contribute to what this Bill seeks to do, which is to improve retention, the quality of work and the regard for care workers, and encourage recruitment, among many other very positive outcomes. However, unfortunately, the amendment does not do the job that I know is intended, because Social Work England does not regulate the work of social care workers, but only that of social workers. The amendment as drafted gives us difficulty, but I do completely understand what it tries to do.

Let me respond to a number of the points that were made. There are currently no plans to add to the existing regulation of care workers in the sector undertaken by CQC, but let me refer to the care workforce pathway, which may be of interest and assistance to a number of the noble Lords who contributed. The care workforce pathway is the first universal career structure for the adult social care workforce. On 9 April this year—not so long ago—my department published the expansion and revision of the care workforce pathway, which includes the crucial role categories for registered and deputy managers and personal assistants, as well as the new enhanced care worker role. That speaks to some of the issues the noble Baroness, Lady Finlay, raised about the social care workforce. When we talk about the social care workforce, this is a wide group; it is a team of people, and they are all working to support whoever is in receipt of their care.

On the issues raised by the noble Baroness, Lady Coffey, and the noble Lord, Lord Palmer—in particular, how we recognise experience and training—I completely take the point. I can give the assurance that the department is already undertaking work on skills and learning and developing a digital skills record, which will provide a permanent and verifiable record of skills and achievements for members of the adult social care workforce. Most importantly, to the point raised by the amendment of the noble Baroness, Lady Coffey, it can be shared with new or potential employers, which can help to reduce unnecessary duplication of training and make taking on new recruits faster, which is key. So, we are all in extreme agreement about the importance of training for the social care workforce, if not about the actual letter of the amendment.

On regulations being able to provide for other matters relating to employment, as we discussed in the previous group in respect of Amendment 185, the Bill already sets out that regulations will be subject to the affirmative procedure in respect of matters that will be included in the negotiating bodies’ remits, which can of course include training and other matters. As a gentle bit of clarification for the noble Baroness, Lady Finlay, I was making clear in the previous group that any regulations in this regard are subject to the affirmative procedure. I was not being as specific as I know she hoped I would be, but it is important to make that position a bit clearer. So, on any matter within its remit, the negotiating body could determine employee entitlements, which could be incorporated into relevant workers’ contracts.

The noble Baroness, Lady Coffey, asked about apprenticeships. Just last week, the Department for Education announced the launch of a health and social care foundation apprenticeship, set to begin from August 2025, which I am sure we will all welcome. This will offer young people a paid route into the health and adult social care sectors; I will not be alone in very much welcoming that.

The noble Lord, Lord Sharpe, talked about professional development and transferring across jobs. That principle is certainly being included in our health and social care sector, in respect of the digital skills record. As the noble Baroness, Lady Finlay, said, this is a teamwork approach based around whoever needs the care. It requires different skills, which can be transferrable across different jobs, so the noble Lord makes a fair point.

With that, I hope that the noble Baroness, Lady Coffey, will agree to withdraw Amendment 200A.

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[Baroness Meacher (CB)]

My Lords, I support the noble Baroness, Lady O’Grady. I am not a trade unionist, but I am very aware that there are sectors of the economy that are not unionised. Can the Minister inform the House whether there are sectors that are disadvantaged in terms of wage levels, and whether there are plans to unionise them?

[Lord Sharpe of Epsom (Con)]

My Lords, I thank all noble Lords for their contributions to this debate, which has been very interesting. The noble Lord, Lord Hendy, talked at some length about delivering a new deal for working people. He ranged fairly freely, so I might, too.

Did noble Lords opposite notice that a report published yesterday showed that there are now 150,000 fewer jobs since the Government took power? It is all very well delivering a new deal for working people, but there will be fewer of them, and this Bill will contribute to that. Noble Lords may not have seen it because it has only just come out, but a British Retail Consortium survey has just been published which shows—I am sure we will return to this theme next week—that half of retail directors now think they will reduce hiring, and 70% say the ERB will have a negative impact on their business.

Frankly, I am slightly staggered at the noble Lord’s Amendment 260, which seeks to return us to various EU standards, given that EU unemployment is, of course, generally significantly higher than it is in this country. Is that what the noble Lord aspires to? I am sure he does not, but that is how it looks.

The proposal to create statutory joint industrial councils raises significant concerns, not least the proliferation of new public bodies at a time when government and regulators are already stretched. Each of these councils would require administrative infrastructure, governance mechanisms, sector-specific expertise and ongoing support from both ACAS and the Secretary of State. This approach risks duplicating existing frameworks. We already have voluntary collective bargaining structures, recognised trade unions and sectoral engagement mechanisms in many industries. Superimposing a statutory model could complicate rather than enhance industrial relations, particularly in sectors where informal or local agreements are working effectively.

There is also the issue of flexibility. The statutory model risks creating rigid sectoral definitions that may not reflect the realities of modern hybrid or cross-sector employment. The labour market today does not always fit neatly into traditional categories, and it is unclear how the Secretary of State, even with ACAS guidance, would determine sectors without inadvertently excluding or misclassifying employers and workers. We must not overlook the potential for conflict or delay. Setting up these councils, negotiating procedures and achieving consensus across large and diverse sectors could slow down progress on pay and conditions, rather than speeding it up.

That is not an argument against collective bargaining. It is an argument for targeted, effective solutions that reflect the complexity of today’s economy, not a revival of structures drawn from legislation that is nearly half a century old. The world has changed. Where stronger bargaining is needed, let us work through existing mechanisms and invest in enforcement, rather than defaulting to the creation of statutory councils that may struggle to function as intended. I look forward to hearing from the Minister.

[Baroness Jones of Whitchurch (Lab)]

I thank my noble friends Lord Hendy and Lord Barber of Ainsdale for Amendments 203, 257, 260 and 322. I hope, despite my noble friend Lord Hendy’s concerns, that he recognises that this Bill is a major step forward in delivering a new deal for working people, exactly in the way our manifesto and the King’s Speech set out. I would also say that this is only the first step in our proposals, as we have made clear all along that the “make work pay” programme will, over time, roll out to a whole set of other issues we have flagged up as we have gone through this debate.

Turning to Amendment 203 in the name of my noble friend Lord Hendy, I am pleased to be having the debate on sectoral collective bargaining and to set out the Government’s commitment to supporting it through the introduction of fair pay agreements in social care and the school support staff negotiating body, which we have just debated in detail. We want to ensure that the labour market works for everyone. A key aspect of this is allowing workers to participate in collective bargaining to improve pay and conditions. However, where labour markets are operating effectively or where existing collective agreements are working well, the Government recognise that sectoral collective bargaining may not be the best solution—I think this was the point the noble Lord, Lord Sharpe, was making.

The amendment would enable the Secretary of State to establish statutory joint industrial councils in unspecified areas without parliamentary scrutiny or appropriate safeguards. We are committed to starting with fair pay agreements in the social care sector to address the stark and specific issues in the vital sector, which we have already debated. As part of our ongoing policy work, we are exploring how future sectors could benefit from sectoral collective bargaining. However, we first want to learn from this process to improve our policy approach and ensure that future sectoral collective bargaining arrangements most effectively respond to the complexities of the modern workforce. In the meantime, I assure my noble friend that we are committed to supporting sectoral collective bargaining and recognise the positive contribution it can make to the British economy.

Amendment 257 in the name of my noble friend Lord Hendy would add duties of promoting collective bargaining to ACAS’s remit. An existing ACAS code of practice provides guidance on the disclosure of information to trade unions for collective bargaining purposes. I have listened carefully to what my noble friend said, and I am afraid we will have to disagree on this. We do not support the amendment; we think it is important that ACAS maintains its independence and impartiality between employers and unions. We are concerned that the current status could be compromised by this amendment.

On Amendment 260 in the name of my noble friend Lord Hendy, we have debated the school support staff negotiating body and the social care negotiating bodies. A benefit of these sectoral bodies will be broad sectoral agreements. We expect that many workers in these sectors will be able to benefit from collective agreements for the first time. We intend to learn from the first fair pay agreement process in social care and the SSSNB, before considering rolling out agreements in other areas, as I have said.

Additionally, this amendment requires the Secretary of State to consult on and bring forward this action plan within six months. It is important that such policy matters have enough time for consideration, and we are keen that employer organisations and trade unions prioritise the consultations committed to in Make Work Pay, which will follow Royal Assent to the Bill.

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[Lord Sharpe of Epsom (Con)]

My Lords, this has been a most interesting debate. It is a pleasure to follow the noble Lord, Lord Goddard, even if he does not agree with my amendment in this group. Not that my noble friend Lady Coffey needs any defending, but I think she developed her theme admirably, which is surely the point of our being here. I thank my noble friend Lord Jackson of Peterborough for introducing our noble friend Lady Noakes’s amendments, and for his excellent historical perspective. I thank my noble friends—perhaps I should call them my noble comrades —Lord Leigh, Lady Lawlor, Lord Moynihan and Lady Coffey for their contributions.

This clause may seem straightforward, and even beneficial at first glance, but its practical and legal implications reveal it to be unnecessary, burdensome, ideologically charged and fraught with uncertainty. For these reasons, it should be removed from the Bill. First, it is important—others have made this point—to acknowledge that workers’ rights to join trade unions are already comprehensively protected by our existing legal framework. These protections are well established in legislation such as the Trade Union and Labour Relations (Consolidation) Act 1992, referred to by my noble friend Lady Lawlor, and the Employment Rights Act 1996.

These rights are well understood by workers, employers and unions alike, and information on these rights is widely available through multiple channels, including unions themselves, ACAS and legal advisers. Mandating a new written statement does not create or clarify any new rights; it simply duplicates what is already clear, adding unnecessary complexity without addressing any real problem.

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[Baroness Jones of Whitchurch (Lab)]

We can have a long discussion about that, but if we are talking about mandates, it may well be argued that probably Baroness Thatcher did not have that kind of mandate either. The fact is that we won that election with a huge majority, and I am very sorry that the party opposite lost so badly. They might want to reflect a little bit more on why that was, because some of the issues that noble Lords have been talking about in relation to the state of our economy are exactly what we inherited from the previous Government. Those issues are absolutely the result of that Government’s economic policies and not ours. We have been taking great steps to improve the situation. While I am on that issue, I should say that, as a result of this Government’s actions, we had the fastest-growing economy in the G7 at the start of this year; we have done three trade deals in three weeks, with India, the US and the EU; interest rates have been cut four times—

[Lord Sharpe of Epsom (Con)]

The Minister is aware, of course, that interest rates are independently managed by the Bank of England.

[Baroness Jones of Whitchurch (Lab)]

I make my case. The only reason those interest rates were cut was that our economy has been improving. Some £63 billion of private investment was announced at the investment summit last year. Introducing this Bill within 100 days will boost protections and quality of work for the lowest-paid, raising living standards across the country and creating opportunities for all.

I turn to the actual amendments. Amendments 205 and 207, in the name of the noble Baroness, Lady Noakes, would introduce exemptions to this measure based on the size of the business. The new duty on employers to inform all employees of the right to join a union is a key part of the Government’s wider commitment to strengthen workers’ voices in the workplace, enhancing their representation and ultimately improving working conditions through increased trade union membership and participation. Making exemptions of this kind risks creating a two-tier system in which some workers benefit from this important information while others do not, based purely on the size of their employer. We are committed to striking a fair and proportionate balance, ensuring that workers are aware of their rights without placing undue burdens on employers.

The statement will be provided at the start of employment, alongside the written statement of particulars, which employers are already required to give under Section 1 of the Employment Rights Act 1996 and on a prescribed basis. Therefore, I say to the noble Lord, Lord Jackson, that we do not believe that this is a particularly significant extra burden to justify exempting certain employers because of their size, because they already have to give that information anyway.

The noble Baroness, Lady Coffey, and others asked about the frequency. We will consult on the specific details, such as the frequency, manner, form and content of the statement before it is outlined in secondary legislation, and I can let noble Lords know that that will be via the negative procedure. We will particularly encourage input from both businesses and unions of all sizes to share their views.

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[Baroness Jones of Whitchurch (Lab)]

My answer was specifically about Clause 55.

Amendment 206, in the name of the noble Lord, Lord Jackson, would remove the compulsory element of the proposals, making it optional for employers to inform workers of their rights to join a union. To be clear, this is not about necessitating union membership but about ensuring that workers are aware of their rights and can make an informed decision about whether to engage. We want to empower workers to take a more active role in protecting their rights, and, where they choose, to participate in collective bargaining to improve their working conditions. Access to clear and accurate information is fundamental to that. This amendment would seriously weaken this measure by allowing employers to simply ignore the duty, defeating its policy intent entirely. It is vital that the right to union membership is made accessible to all workers as intended, that it is communicated regularly, and that employers are under a firm obligation to do so.

Amendment 208, in the name of the noble Baroness, Lady Noakes, would remove the requirement for employers to issue a statement of trade union rights on a prescribed basis. We are legislating for ongoing reminders of the right to join a trade union to reflect the reality of the workplace. New employers may miss information at the start of employment or change roles over time within the same organisation. Limiting the duty to the start of employment would also exclude existing staff, who equally deserve access to that information.

This statement of the right to trade union membership is important in fostering worker engagement and meaningful dialogue between unions and employers. Ongoing reminders are a key part of this measure. The Secretary of State will be able to set the frequency of this notification. This will be, as I have said, outlined in secondary legislation, subject to public consultation, and we invite interested parties to provide us with their views on this matter when we launch the consultation.

On the wider issue, the noble Lord, Lord Jackson, urged us to consult more. I can assure him that these proposals have been subject to extensive consultation, and we are continuing to consult on them. I can also tell the noble Lord that we had a very constructive meeting with the Federation of Small Businesses.

Finally, I turn to the clause itself. Clause 55 introduces a new legal duty on employers to inform workers of their right to join a union. Employers will be required to issue this statement at the start of employment, alongside the written statement of particulars, which I commented on earlier. There is currently no requirement in law for employers to notify their workers of the right to trade union membership. This lack of awareness may be contributing to the falling union membership and reduced worker participation in collective bargaining that we have been discussing. This duty intends to address this gap, ensuring that workers are better informed of this right and helping to strengthen the collective voice in the workplace and enhance their representation. This delivers on the Government’s commitment to improve working conditions through increased trade union membership and participation. Specific details of this measure, including the frequency, form, content and manner of the notification, will be set out in secondary legislation, as I have said. Therefore, I ask the noble Lord to withdraw his amendment and I urge that Clause 55 stand part of the Bill.

[Lord Sharpe of Epsom (Con)]

Just to press the point on the implementation plan, I am sure the Minister saw yesterday that the OECD downgraded growth forecasts for this country. Obviously, it blamed the global trade picture for a lot of that downgrade, but it also talked about business certainty in this country—or the lack of it. She herself has just acknowledged that businesses need certainty. The OECD is saying this, this is not just us alleging it. Will she please commit to picking up the pace when it comes to delivering this implementation plan and delivering it as soon as possible?

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am fully aware that it would help to see the implementation plan and, as I said, we are working at pace to get it to your Lordships as soon as we can.

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We also, I hope, agree that first and foremost the best remedy would be to ensure that reasonable access actually happens, rather than just introducing financial penalties. I am very conscious that Ministers have been extremely generous with their time. I wonder whether, in this territory, there could be an agreement to have a meeting with unions and other stakeholders so that that confidence can be built.

[Lord Sharpe of Epsom (Con)]

Before the noble Baroness sits down, she has had a go at Amazon twice tonight. I wonder whether it might be of interest to her to know that it employs 75,000 people in the UK. No one who works there is on a zero-hours contract. The minimum annual starting salary is between £28,000 and £30,000. It provides flexible working opportunities from day one, including term-time contracts, which it is currently advertising on the radio. That, obviously, allows parents, grandparents and carers guaranteed leave during school holidays. Since 2010, Amazon has invested more than £64 billion in this country and £12 billion in the last 12 months. It also supports a network of about 100,000 UK-based small and medium-sized businesses. It may not be perfect on unions in the noble Baroness’s terms, but it deserves a bit more respect.

[Baroness O'Grady of Upper Holloway (Lab)]

I am sure the noble Lord opposite would agree that those workers who joined a union and wanted to have a union voice at work to improve their pay and conditions deserve respect, too, and that union-busting techniques and approaches to avoid even meeting unions to come to an agreement is, frankly, unacceptable in a modern, civilised society.