Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, this amendment would introduce necessary and proportionate safeguards to ensure that patient safety, clinical operations and infection control were not compromised by well-intentioned but potentially disruptive physical access to hospital environments by trade union representatives. Hospitals are not ordinary workplaces. They are places where critical decisions are made every minute, where vulnerable patients receive life-saving care and where medical professionals must operate in conditions that are tightly controlled in terms of both hygiene and procedure. Permitting physical access to union representatives who are not part of the clinical team and not governed by the same professional or ethical codes introduces risks that simply cannot be ignored.

These are not theoretical concerns. Infection control protocols exist precisely because hospitals deal daily with immunocompromised patients, open surgical wounds and the spread of dangerous pathogens. Entry by any individual not trained in and accountable to those protocols could result in the transmission of infections, the contamination of sterile areas or the unintended exposure of patients to harm. Moreover, hospital environments are highly sensitive to disruption. In intensive care units, emergency departments, operating theatres and maternity wards, even small delays or distractions can have life-or-death consequences. The presence of non-essential personnel in those spaces risks delaying clinical teams, congesting movement corridors, or interfering with time-critical procedures.

Physical access is not just a logistical matter; it can be a direct threat to a hospital’s ability to function safely and effectively. The amendment does not seek to deny trade unions the ability to communicate with members or fulfil their lawful functions. On the contrary, it would explicitly allow access to be withheld only where the access purpose could reasonably be achieved by alternative means; and in the 21st century, such alternatives, as we heard last week, are abundant. Virtual meetings, secure digital communications, designated liaison officers or scheduled engagement in non-clinical areas would all be viable channels for meaningful trade union engagement.

Hospitals are already under enormous pressure, so it is neither safe nor fair to expect them to open their most sensitive environments when those same objectives can be achieved by safer, more appropriate methods. Hospitals also bear legal and regulatory duties that cannot be suspended. Clinical professionals are legally obliged to safeguard patients and maintain secure environments. To require hospitals to grant physical access to non-clinical actors where such access could conflict with those duties would place hospital management in a difficult, nay impossible, position, risking litigation, regulatory sanction and, above all, the trust of the public.

The amendment further recognises the importance of proportionality. It does not seek to impose an outright prohibition; it would simply require the Central Arbitration Committee, when deciding on access disputes, to give significant weight to those clinical and operational factors. That is the right balance, respecting the legitimate role of trade unions while upholding the sanctity of hospital care. To oppose this amendment would be to ignore the distinct and high-stakes nature of hospital environments. No one disputes the value of union representation, but the right to organise must never override the duty to protect.

Hospitals are not platforms for industrial theatre; they are sanctuaries of healing staffed by professionals who need order, safety and focus to save lives. We have a duty to shield them from any policy that risks disrupting that mission. I urge the Committee to support the amendment and uphold the principle that access, however important, must never come at the expense of patient welfare. I beg to move.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

I thank the noble Lord, Lord Sharpe of Epsom, for his amendment and I hope, perhaps, that the lack of contributions means that we will make some good progress in Committee today.

[Lord Sharpe of Epsom (Con)]

We have been making progress.

[Lord Katz (Lab)]

On the noise from a sedentary position, I mean in numerical terms, if not in substantive debate.

As the noble Lord, Lord Sharpe of Epsom, just outlined, Amendment 213AA seeks to makes specific provisions for access into hospital workplaces by specifying circumstances in which access may be reasonably refused. It also requires the CAC to consider and give more weight to these factors when deciding on access.

As we discussed last week, the Secretary of State will be able, through regulations, to set the circumstances that the CAC must take into account when making decisions on access, including potentially complex access arrangements in workplaces such as hospitals and other healthcare settings. These areas of detail will be subject to public consultation before the regulations are made and we will invite all interested parties to provide their views on these matters when we launch our consultation.

It is a complex policy area that will involve detailed practical considerations. It is not as though, at the moment, we do not have strong and healthy engagement with a number of different trade unions in all manner of healthcare settings, including hospitals. We have trade union access, involvement and activity in complex workplaces, including hospitals. Special consideration is given to the importance of keeping them sterile and safe, particularly for those who have immunocompromised conditions and, indeed, anybody who is a patient in that setting. This can and has been achieved, and it is perfectly reasonable for the CAC, following consultation, to make regulations that set this. As I said, this is not a policy area that is not already well rehearsed and understood.

The noble Lord, Lord Sharpe, is right that hospitals are particularly special settings but they are also workplaces. The NHS employs large numbers of people and has a very mature industrial relations framework within it. It is certainly not implausible that, in consultation with all interested parties, the CAC could come to a perfectly reasonable compromise on access.

The Government also feel that it is not appropriate to make specific provisions for just this one kind of workplace—hospitals—prior to consultation. We are talking about hospital workplaces as opposed to, say, general practitioner or dental surgeries or other areas where you have regard to clinical safety and the sorts of considerations that the noble Lord talked about. Given that, I ask him to withdraw his amendment.

[Lord Sharpe of Epsom (Con)]

I am grateful to the noble Lord for his answer, but a little disappointed. His words largely give away why the Government should accept this amendment. I believe he just used the phrase “reasonable compromise” with regard to the Central Arbitration Committee, whereas the amendment just says

“must give significant weight to the factors set out in subsection (2A)”.

The practical impact of both those phrases is much the same.

So I am disappointed that the Government have chosen to reject this amendment, which is modest, carefully constructed and aimed at protecting one of our most vital public services. We were not asking for a sweeping exclusion, nor undermining the rights of trade unions or seeking—to use the noble Lord’s phraseology—to restrict involvement. We proposed a targeted safeguard that simply recognises the unique, high-risk nature of hospital environments. I will not press the point now, but we reserve the right to return to this in due course. For now, I beg leave to withdraw.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Tuesday 10th June 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, it is a pleasure to follow my noble friends Lady Coffey and Lord Moynihan, and the noble Lords, Lord Goddard and Lord Hutton. I will come back to their amendments shortly.

I will speak to Amendments 245, 251B and the question of whether Clause 68 should stand part, which is tabled in my name. On the clause stand part, this clause represents a dangerous step backwards. The noble Lord, Lord Goddard, objected to it in the sense that he thought it might introduce a lack of clarity. But the fact is that the clause itself is a step backwards in transparency and democratic accountability that this Committee must not allow to pass unchallenged.

The provisions that Clause 68 seeks to remove, notably subsections (2B) to (2D) of Section 229, are not bureaucratic obstacles but fundamental pillars of informed democratic participation. They require that voting papers should include a summary of the dispute, specify the types of industrial action proposed and indicate when such action is expected to take place. These are not unreasonable burdens. They are the basic information any voter needs to make an informed decision.

Democracy thrives on transparency, not opacity. When we ask working people to vote on whether to take industrial action—a decision that may affect their employment, their families’ livelihoods and their future prospects—surely they are owed the courtesy of clear, comprehensive information about what they might be voting for.

Consider the absurdity of what this clause actually proposes. It is a ballot paper that asks, “Are you prepared to take part in industrial action short of a strike?” without specifying whether this means a work-to-rule, an overtime ban, a refusal to cover additional duties or any combination of actions. How can any reasonable person make an informed choice without knowing what they are agreeing to participate in?

The Government may well argue that these requirements impose administrative burdens on the trade unions, which is an argument we have heard on a couple of groups tonight. But since when did we consider informing voters to be an administrative burden rather than a democratic duty? We would not accept a general election ballot that failed to specify what office candidates were seeking or what their party stood for, so why should we accept industrial action ballots with less information?

Furthermore, these information requirements serve to protect union members themselves. Clear information helps ensure that workers understand not just what they are voting for but the potential consequences of their actions. This protects both their interests and those of their unions by reducing the likelihood of disputes over the course, scope or nature of mandated action.

Turning to Amendment 245, I agree with the amendment in the name of my noble friend Lord Moynihan of Chelsea, and the noble Lord, Lord Goddard. I will speak to this amendment, although I must emphasise that my primary concern is not with the amendment itself but the Government’s fundamentally flawed approach to this critical issue. To be absolutely clear, the 50% turnout threshold for industrial action ballots should be maintained. This threshold exists for the very good reason that it ensures that strikes and other industrial actions have genuine democratic legitimacy, as the noble Lord, Lord Goddard, pointed out, and that they represent the will of a substantial portion of union membership and not merely an activist minority.

If the Government are determined to weaken these democratic protections, and regrettably it appears that they are, they must not compound this error by hiding behind secondary legislation. Businesses across this nation deserve better. They need to know the regulatory framework within which they will operate—a theme to which we have returned a number of times through the Bill. They cannot plan for investment, assess risk or make employment decisions when fundamental aspects of industrial relations law are left hanging in regulatory limbo. The Government’s approach creates precisely the uncertainty that undermines economic confidence and job creation.

I urge the Government to reconsider entirely and maintain the 50% threshold to provide the certainty that businesses need and the democratic legitimacy that industrial action requires. If the Government insist that they are going to lower the threshold, which we think will be disastrous, it should be in the Bill, so that we can scrutinise it fully, which is what my amendment would ensure. As my noble friend Lord Moynihan pointed out, a 20% threshold could lead to only 10% of a workforce supporting strike action. The House deserves the opportunity to examine and debate such fundamental changes properly and not have them smuggled through in statutory instruments with minimal parliamentary oversight.

I will speak very briefly to Amendment 251A, in the name of the noble Lord, Lord Hutton. I could not agree with him more. It would be a very regrettable error if the Bill were to inadvertently introduce an unintended consequence of potentially swingeing fines for airlines, for reasons that are not really any fault of their own. It is to be supported, and I hope he will return to the theme.

My Amendment 251B proposes a modest but vital extension, from 10 to 14 days, of the notice period required before industrial action can commence in the railway sector, for slightly different reasons. This is not an attempt to restrict workers’ rights but rather a recognition of the unique role that our railway system plays in the economic and social fabric of the nation. The railway network is not just another industry. As my noble friend Lady Coffey pointed out, it is the circulatory system of the economy and it moves millions of passengers and vast quantities of freight every single day. When railway services are disrupted, the effects cascade through every sector of society, from healthcare workers unable to reach hospitals to students missing examinations and businesses losing millions in productivity. The current 10-day notice period that is proposed is simply insufficient for the complexity of railway operations. I could go on, but I think I have said enough on the subject.

Four additional days may seem modest, but, in the context of the operations of the railway and airlines, it represents the difference between chaos and managed disruption. It allows time for proper contingency planning, for negotiations to continue and for the travelling public to make alternative arrangements. With that, I shall wind up, but I hope the Government are paying attention and will at least listen to these carefully considered amendments.

[Lord Katz (Lab)]

My Lords, I thank the noble Lords, Lord Sharpe of Epsom and Lord Goddard of Stockport, and my noble friends Lord Hutton of Furness and Lord Hendy for tabling amendments on the subject of industrial action ballot mandates, thresholds and notice. Despite the late hour, I recognise that there is significant interest here. I will try to do justice to all those amendments and to the opposition to certain clauses standing part of the Bill.

Before I go into the detail, I want to make it clear that a lot of what we are discussing relates to the repeal of the great majority of the Trade Union Act 2016, which was a clear manifesto commitment for this Government. I think it is worth framing why that is the context. This does, in a way, speak to a lot of what the noble Lord, Lord Moynihan, mentioned. Far from supporting the economy, the strike legislation in the 2016 Act that we inherited from the then Opposition did not actually prevent strikes. In 2022, we lost more days to strikes than France. In 2023 and 2024, NHS strikes alone cost the taxpayer £1.7 billion.

[Lord Katz (Lab)]

With respect, there are definitely elements in the group of amendments we are talking about that relate to the 2016 Act. I was simply setting out the context for my remarks. Perhaps the noble Lord will let me make some progress, and, if he is still not satisfied towards the end of the speech, we can spend a bit more time on this.

As I was saying, 2.7 million working days were lost to strike action in 2023, up from 2.5 million in 2022, and these were the highest annual number of working days lost to strikes since 1989. Put frankly, the 2016 Act did not achieve its objective of reducing strikes—in fact, it made things worse.

Amendment 244, tabled by the noble Lord, Lord Goddard, and Amendment 245, tabled by the noble Lord, Lord Sharpe of Epsom, both seek, in different ways, to remove the repeal of the 50% industrial action ballot turnout threshold. The Bill as drafted repeals this threshold in its entirety, returning us to the situation pre 2016, where only a simple majority of members voting in favour of strike action was required for industrial action to be deemed lawful.

We want to create a positive and modern framework for trade union legislation that delivers productive, constructive engagement, respects the democratic mandate of unions and reduces bureaucratic hurdles. The date for repeal of the 50% threshold will be set out in regulations at a future date, with the intention that it is aligned with the establishment of e-balloting as an option for trade unions. In combination with the delivery of modern, secure workplace balloting, we hope that this will ensure that industrial action mandates will have demonstrably broad support.

I turn to the opposition to Clause 66 standing part. In answer to the concerns expressed by the noble Lord, Lord Moynihan, this clause does indeed seek to amend Section 226 of the Trade Union and Labour Relations (Consolidation) Act to reverse the change made by Section 3 of the Trade Union Act 2016. Section 226 is amended to omit subsections (2A) to (2F), thereby removing the requirement for industrial action ballots in six defined public services—health; fire services; education for those aged under 17; transport; decommissioning of nuclear installations, management of radioactive waste and spent fuel; and border security—to have the support of at least 40% of those entitled to vote for the industrial action in order to be valid.

Alongside Clause 65, which removes the turnout threshold, a trade union will need only a simple majority of those voting in the ballot to vote in favour of industrial action for the industrial action to be deemed lawful. This was the case prior to the Trade Union Act 2016. This clause is a key part of the Government’s agenda. Again, I want to be clear that this is part of our commitment to repeal the Trade Union Act 2016.

I turn to Amendment 246, tabled by the noble Lord, Lord Goddard of Stockport, and will speak to the opposition to Clause 69 standing part of the Bill. The noble Lord’s amendment seeks to retain the current six-month mandate period for industrial action following a successful ballot. The Government want to strike the right balance between ensuring that industrial action is based on a recent vote and reducing the need for re-ballots. Strike action is always a last resort; it is costly to workers as well as employers. For this reason, we consulted on the appropriate length of time before a trade union should re-ballot its members.

In that consultation, trade unions were very keen to have no need to re-ballot for a mandate at all. However, following the consultation, the Government have set the mandate period at 12 months, because the majority of industrial action concludes within that time. This will ensure the appropriate balance between reducing the costs of re-balloting and allowing mandates to continue for longer where they are likely to have continued members’ support, without prolonging disputes or permitting action to be called based on a more than year-old mandate. Retaining the six-month mandate period would prevent the Government delivering on their commitment substantively to repeal the Trade Union Act 2016.

I turn to the opposition to Clause 68 standing part from the noble Lord, Lord Sharpe of Epsom. The purpose of this clause is to reduce the information that unions are required to include on a voting paper for industrial action, through repealing Section 5 of the Trade Union Act 2016, which introduced additional requirements into Section 229 of the Trade Union and Labour Relations (Consolidation) Act 1992. Section 5 of the 2016 Act required trade unions to include on the ballot paper a summary of the issues that are in dispute between the employer and the trade union; the type of industrial action that amounts to action short of a strike; and an indication of the time period during which it is expected that those specific types of action are to take place.

Repealing Section 5 will not remove all the information requirements. Under Section 229, the ballot paper will still require unions to ask their members on the ballot paper whether they support industrial action and which type of action they want to take part in, expressed in terms of whether it is strike action or action short of a strike. The noble Lord, Lord Sharpe of Epsom, made an analogy with ballot papers not containing details such as the names of candidates or the nature of the election. I respectfully point out that there is a danger in that analogy; I do not think it is fair. After all, noble Lords opposite would not expect democratic elections for elected office to carry the kind of mandate threshold that they are insisting trade union ballots should have. Whether they want to make the analogy that democratic elections are like union ballots or not, there is a bit of a pick and mix going on—

[Lord Sharpe of Epsom (Con)]

That is fair enough; I accept the noble Lord’s point when it comes to general elections but, in effect, this is a referendum, which is usually much more clear-cut.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I thank my noble friend Lord Holmes for tabling this amendment and the noble Viscount, Lord Colville, with his perspective from the creative industries, for introducing it so well.

This amendment highlights an important issue: ensuring that work experience opportunities do not become a means to circumvent minimum wage regulations, thereby protecting young people and others seeking to gain valuable experience in the labour market. At the same time, as the noble Lord, Lord Goddard, noted, it is important to recognise that many charities, non-profit organisations and others rely to some extent on unpaid work experience placements, partly to deliver their valuable services but also to provide opportunities for individuals who might otherwise struggle to enter the workforce. We must acknowledge that many young people who leave education not knowing what they want to do, as the noble Viscount noted, find them a useful way of testing various sectors. The practical impact of this amendment on such organisations merits careful consideration to ensure that their ability to provide meaningful work experience is not unduly restricted, while maintaining fair treatment for those undertaking such experience.

[Lord in Waiting/Government Whip (Lord Katz) (Lab)]

My Lords, I thank all noble Lords who contributed to this short but focused and interesting debate. I too regret that the noble Lord, Lord Holmes of Richmond, was unable to attend; with my Whip’s hat on, I note that perhaps if we had made better progress on earlier days of Committee then we would have heard from him directly. I pay tribute to him for tabling Amendment 129, which seeks to prohibit unpaid work experience for a period exceeding four weeks. I thank the noble Viscount, Lord Colville of Culross, for stepping into the breach and making a more than worthy understudy in moving the amendment. I thank my noble friend Lady O’Grady of Upper Holloway and the noble Lords, Lord Goddard and Lord Sharpe of Epsom, for contributing to this debate. This is an important issue, and the noble Lord, Lord Holmes, and others are right to raise it. I pay tribute on the record to his previous work campaigning on this issue, not least through his Private Member’s Bill in the 2017-19 Session.

This Government made a commitment to deliver the biggest upgrade to workers’ rights in a generation. This includes tackling unfair working practices. As we heard from the noble Viscount, there are examples not simply in the creative sector—although that area of our economy is rife with them—but beyond it. This Government absolutely stand by the national minimum wage, and on 1 April delivered an increase of 16.3% to the 18 to 20 national minimum wage rate to make it £10 an hour—a record amount in both cash and percentage terms, making progress on closing the gap with the national living wage. This is an increase of £2,500 to the gross annual earnings of a full-time worker on the NMW. It was the first step in the Government’s plans to remove the discriminatory age bands and ensure that all adults benefit from a genuine living wage, making a real difference to young people.

I think it is worth saying in passing that we welcome, on this side of the House at least, the Conservative Party’s conversion in recent years to supporting the national minimum wage. However, as a member of the party that introduced it in the first place, in the teeth of some quite vehement opposition at the time, I assure noble Lords that this Labour Government are absolutely committed to supporting it and making sure that it applies in all cases where it should.

Work experience or internships can offer individuals, especially younger people, invaluable opportunities and experience. We do not want to close the door on these opportunities, but we do want to ensure that they are open and fair. Most importantly, where workers are due payment, they should be paid the wages they are entitled to, and I have to say that the current legislation already protects them.

As my noble friend Lady O’Grady of Upper Holloway—to whose years of campaigning in this area, through the TUC, I pay tribute—said, there is an aspect of this amendment, very well-intentioned though it is, that would create unintended consequences and raises the spectre of, as she put it, rolling internships of four weeks, on and on.

As we know, according to the Department for Education’s 2022 employer skills survey, around 5% of employers had offered internships, either paid or unpaid, in the preceding 12 months, and there were around 200,000 people on internships. The vast majority of these—88%—were of two weeks or more in duration, and nearly 30% were over six months. It is only right that these people should be paid the national minimum to which they are entitled.

As we have heard, the national minimum wage legislation provides for a number of exemptions to recognise the importance of gaining work experience. It is important to recognise that these examples have a strong and firm place in the economy, including students on placements for up to one year, as required as part of a UK course of either further or higher education, pupils below the compulsory school age, participants in certain government programmes to provide training, work experience or temporary work, and—the noble Lord, Lord Goddard, made this point—voluntary workers employed by a charity or voluntary organisation, providing they receive no monetary payments, except for expenses.

The Government are committed to banning unpaid internships, unless they are part of an educational or training course. Because of the way legislation is drafted, they are already largely banned. For national minimum wage purposes, the crucial fact is whether someone is considered a worker due to the nature of the work they do. Employers cannot simply call someone an intern or say they are doing work experience and not pay them. What matters is whether the arrangement they have makes them a worker for minimum wage purposes. However, one valid exception is work shadowing, which is where individuals are observing others perform tasks and are not performing any work themselves.

There is a risk that the broad-brush nature of this amendment could create loopholes, leaving interns or individuals on work experience open to abuse. Where an intern is carrying out tasks, they are a worker and therefore entitled to the national minimum wage. Accepting the amendment could mean that these individuals could be recruited for short-term roles and lose their entitlement to the minimum wage, even if they are performing work. The Government will be consulting on this issue soon. We want to engage with businesses and individuals who carry out internships or work experience. This is how we introduce change to ensure that individuals are protected and treated fairly.

We have heard from both the noble Viscount, Lord Colville, and my noble friend Lady O’Grady that enforcement is the issue here. The noble Viscount, Lord Colville, asked about the number of prosecutions. I am afraid I do not have that number to hand, but I will certainly undertake to write to the noble Viscount. Enforcement of any law is important, and I am sure that part of the consultation will cover issues of enforcement. Creating more laws but not solving the problem of enforcement would not actually get to the heart of the issue, which is making sure that, when people work, they are paid the national minimum to which they are entitled.

In that vein, I hope that we can deal with the issues the noble Lord, Lord Holmes, wishes to address most effectively outside the Bill. I therefore ask the noble Viscount, on behalf of the noble Lord, Lord Holmes of Richmond, to withdraw Amendment 129.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Tuesday 13th May 2025 Lords Chamber

[Lord Katz (Lab)]

My Lords, if I felt we were able to finish the group in the next five minutes, that would be fine. We have had a good debate, but this is an important topic, and it is important that the Committee is able to finish the group by hearing from any other Back-Benchers who might wish to contribute, as well as from the Front-Benchers and the Minister. All of the Committee might not be aware of it, but we have agreed through the usual channels that we will have the dinner break early to accommodate the repeat of the Statement. We are ultimately in the whole Committee’s hands. That is why we are breaking now. I know it is not usual to break midway through a group, but, as I say, it has been agreed through the usual channels that a dinner break at 6.30 pm would take priority. Perhaps we can resolve this.

[Lord Sharpe of Epsom (Con)]

I have had confirmation from my side that the usual channels have agreed.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Tuesday 13th May 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I would very much like to thank the noble Lord, Lord Hogan-Howe, for his important amendment in this group and for the valuable context he gave in his opening remarks, and the noble Lord, Lord Paddick, for speaking so eloquently to it as well.

They are both right. Special constables play a vital role in our communities and, as they pointed out, they serve alongside other police officers, offering their time and their skills to protect the public and contribute to the safety and well-being of society at large. As the noble Lord, Lord Fox, has just pointed out, society benefits from their work.

It is often overlooked, though. For many, being a special constable is something they do alongside other regular employment. These individuals are already balancing their professional lives with the demands of policing and, as has been pointed out, that can be both challenging and rewarding.

I could bore on for hours about how valuable special constables were when I was policing in Hong Kong—but I will not. I welcome this amendment and believe it represents a small but significant way to better support those who give their time to serve our communities by ensuring that special constables can fulfil their duties without facing conflicts with their employment obligations. We would be sending a strong message of support for public service generally, as well, of course, as for special constables. So we are very minded to support this amendment.

[Lord Katz (Lab)]

My Lords, this has been an interesting debate—some might say “esoteric”, but not me— and indeed, thankfully, a slightly shorter one. I thank the noble Lord, Lord Hogan-Howe, for tabling Amendment 82, co-signed by the noble Lords, Lord Paddick and Lord Evans of Rainow. I am also grateful to the noble Lords, Lord Hogan-Howe and Lord Paddick, for meeting me, the Minister and the noble Lord, Lord Leong, earlier today to discuss this amendment. It was really helpful to have the opportunity to, as we heard from both noble Lords this evening, hear the background context to the work of special constables, how they are regarded within the force and how they are integrated within the forces in which they serve.

Amendment 82 would give employees who are special constables a statutory right to time off from work to carry out their voluntary police duties. This Government recognise, as I think we all do across the House, and really value the important role that special constables play in our communities, and we are committed to ensuring that they are supported to navigate those responsibilities that they carry out as special constables alongside their working life.

Special constables, along with the full range of police volunteers, bring valuable and diverse skills, which complement the roles that full-time officers and staff play in delivering the best possible service to the public in protecting our streets and making sure that our communities are safe.

Employment Rights Bill

Debate between Lord Sharpe of Epsom and Lord Katz

Committee stage
Thursday 8th May 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I join the general praise and congratulations for my noble friend Lady Penn for her Amendment 64. There is not much more for me to say, other than that I echo the comments of the noble Lord, Lord Fox. I hope the Government are listening and will address the issue raised by my noble friend as we get to the next stage. If they do not, I would be more than happy to support my noble friend in her future endeavours.

Amendment 66 in the name of the noble Lord, Lord Watson, was expertly spoken to by the noble Baroness, Lady O’Grady. I was going to echo very much the same points about the employment tribunals. An awful lot will be expected of them but, as we know, the simple fact is that the backlog is increasing, there is a shortage of funds and the waiting times are increasing—they are up to two years. It does not seem very plausible to expect that employment tribunals will be able to cope with the amount of work that is coming their way—I am afraid that will probably include work with regard to that amendment. I look forward to hearing the noble Baroness’s comments.

[Lord Katz (Lab)]

I am afraid the noble Lord will not; he will hear from me. I thank my noble friend Lord Watson of Invergowrie in absentia for tabling Amendment 66 and my noble friend Lady O’Grady of Upper Holloway for so ably speaking to it. I also thank the noble Baroness, Lady Penn, for tabling Amendment 64. This has been a broadly helpful debate, if somewhat spicier than expected, on flexible working.

This group and the next deal with flexible working. I agree with many of the comments that noble Lords across the Committee made in highlighting how important flexible working is in helping people to balance work with responsibilities in their personal lives, particularly caring responsibilities. As the noble Lord, Lord Ashcombe, pointed out, flexibility can lead to happier, healthier and more productive employees. He is absolutely right on this point. It is good for employees, good for businesses and, in turn, good for the economy.

As the noble Baroness, Lady Penn, outlined in some detail, along with the noble Baroness, Lady O’Grady, a primary benefit of flexible working for families is that being able to work part-time, or having flexible start and finish times, can make it easier for parents to balance work and childcare needs. Similarly, for those caring for a vulnerable adult or a child with a disability, flexible working can help people to manage their caring responsibilities while remaining in work.

I echo some of the comments of the noble Lord, Lord Fox, about how we regard flexible working. To be clear, flexible working is not solely about working from home—something on which, post pandemic, we have become somewhat focused. Indeed, the ACAS guidance sets out eight examples of flexible working, and working from home is only one of those eight. It talks about compressed hours, staggered hours, remote working, job sharing and part-time hours as well as working from home.

According to the 2023 flexible jobs index, although nine in 10 want to work flexibly, only six in 10 employees are currently working flexibly and only three in 10 jobs are advertised with flexible working. Equally, the Government recognise that business needs vary and that not all flexible working arrangements are possible in all circumstances. That is why the Government are increasing access to flexible working by making it the default, except where not reasonably feasible. I concur with the comments of the noble Lord, Lord Fox: this is not a soft policy but an important economic and human management tool, and we should regard it as such.

Amendment 66 in the name of my noble friend Lord Watson would require the Secretary of State to review and publish a statement on the adequacy of the maximum compensation that an employment tribunal may award to an employee with a successful claim related to flexible working. The maximum compensation award is currently set at eight weeks’ pay for an employee bringing a claim to a tribunal.

Section 80I of the Employment Rights Act 1996 already means that the Government may review the maximum number of weeks’ pay that can be awarded to an employee. If they consider it appropriate to do so, they can then use this power to change the specified number of weeks’ pay by which the maximum amount of an award of compensation is set. It is therefore not necessary to include anything further in the Bill. It is worth pointing out to noble Lords that the maximum has risen every year since its introduction, from £250 in 2002 to £719 now—so this is not something that is caught in aspic. Therefore, we would argue that a statutory review on the maximum compensation award within six months of Royal Assent could create uncertainty across the board and detract from some of the other important reforms that employees, employers, trade unions and the wider economic and business community will need to prepare for.

Before leaving this, it might be helpful to speak to the wider points from the noble Lord, Lord Fox, on tribunals. I cannot speak in any great detail on this issue, but I understand that the Ministry of Justice is undertaking a review of the employment tribunal system. I would hazard that it has not been sufficiently invested in in recent years, and the slowness of that system is certainly something that we should seek to address.

Before leaving Amendment 66, it is worth pointing out that there is a risk in creating uncertainty for both businesses and workers alike by creating the possibility of differing awards for different types of claims. As things stand, a number of types of claims—for example, relating to redundancy and unfair dismissal—face the same maximum award as those relating to flexible working. It might be undesirable to create confusion and undue complexity through in effect having a two-tier system.

I turn to the amendment proposed by the noble Baroness, Lady Penn, Amendment 64, which would extend the right to request flexible working to candidates with a job offer. In practice, the Government believe that this is already the case. The right to request flexible working, which is being strengthened in this Bill, is already a day one right. This means that employees can request flexible working from their first day in a role. We know that, in practice, many employers and employees will begin discussions about working arrangements before the candidate starts work.

As the noble Baroness said, before joining an organisation, informal and constructive discussions can offer a more effective way in which to identify working arrangements that work for employees and employers than a one-off formalised request and response might otherwise achieve. Mandating through legislation a right to request flexible working prior to appointment would not account for the fact that not all job offers come to fruition, for a number of reasons. However, candidates with a job offer have some limited rights. Discrimination and contractual rights are among those. The hypothetical example that the noble Baroness cited in her contribution would indeed be taken care of; discrimination based on protected characteristics is currently outlawed during the recruitment process. However, we would contend that it is not a status that we would want to overformalise at this point.

Additionally, under this proposal, employers would still have up to two months to consider and respond to a request. If the intention of this amendment is to significantly bring forward in time people’s ability to have a flexible working request accepted, it would not succeed in this respect. While the Government encourage employers to start conversations about flexible working with new starters at an early stage, it would not be appropriate to extend the legal framework for flexible working to all candidates under offer.

Lastly, to respond to the point made by the noble Lord, Lord Jackson, on sex discrimination, I contend that this form of discrimination would actually carry a higher risk of penalty and payout than unreasonable refusal of flexible working, so it is probably a little out of place in the debate on this amendment.

To close, I therefore seek that noble Lords do not press their amendments in this group.