Employment Rights Bill

Andrew Griffith Excerpts

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Secretary of State.

[Andrew Griffith (Arundel and South Downs) (Con)]

I welcome the new Secretary of State to his place, and congratulate him as well as the hon. Members for Halifax (Kate Dearden) and for Rhondda and Ogmore (Chris Bryant) on their appointments. His is a vital role in Government, and it will surely be a delight and a privilege for him to champion our hard-working, innovative businesses in Cabinet and on the world stage as President of the Board of Trade. I particularly welcome his comments that the Government’s priority must be to “double down” on growth and position themselves as

“an active partner that delivers success, supports new business and backs wealth creation.”

Where he does that, he can be assured of our support, but if that is really his view, we should not be debating this Bill today and the Government should never have brought it forward.

In fact, I well understand why Ministers may well be concerned about job insecurity and last-minute shift cancellations. After all, their predecessors, the hon. Member for Ellesmere Port and Bromborough (Justin Madders) and the hon. Member for Harrow West (Gareth Thomas), had their own Front Bench shifts today cancelled by the Prime Minister with barely a week’s notice. Apparently, that boss did not even have the decency to fire them in person, but at least they can take comfort in knowing that with the current rate of departures from No. 10, there will soon not be anyone left to do the sacking.

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[Sam Rushworth (Bishop Auckland) (Lab)]

Does the shadow Minister understand the difference between fair dismissal and unfair dismissal?

[Andrew Griffith]

The shadow Minister absolutely understands that. He does so and understands the implication of clause 23 from having spoken to Make UK, the CBI, the Institute of Directors, the British Chambers of Commerce and the Federation of Small Businesses, all of whom urge the Government to rethink on this clause. Business does not recognise a process that ends in a full legal tribunal, flanked by lawyers, after typically a two-year wait and lost management time, as light-touch. Legal fees alone for defending an unfair dismissal case range from £15,000 to £20,000.

[Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)]

Does the hon. Gentleman not recognise that very few cases end up in a tribunal, particularly at a point where all due process happens? Not all dismissals are unfair.

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[Andrew Griffith]

Of course not all dismissals are unfair, but if it was not a process that ended up in court or in a tribunal, we would not be facing a backlog of 491,000 individuals with current open cases—by the Government’s own figures—and business organisations would not be citing legal fees in that order of magnitude.

[Sir Desmond Swayne]

One reason that so many of those cases do not end up in a tribunal is that businesses, cognisant of the loss of management time and £15,000 to £20,000 in fees, simply pay up rather than contest.

[Andrew Griffith]

My right hon. Friend, with his experience, is exactly right. Just think about the impact on a small business of a fee of that magnitude and the length of time it takes to get justice.

What is going to happen? This is a really important point. Those on the Government Benches will be living this reality over the remainder of their term, and they will have to account for it. Businesses will be discouraged from hiring anybody without a perfect CV and a proven track record of work. Who are we talking about? We are talking about young people, people with dyslexia and related conditions, and people with a period of inactivity on their CVs—such as former prisoners seeking a second chance to go straight. Those will be the victims of that particular measure.

Labour Ministers should realise that they will be the first victims of disagreeing with Lords amendment 62. The long-standing principle here is a simple one: we should not be allowing strikes to be called when a majority of union members have not even voted, let alone voted in favour. A strike could still proceed with just over a quarter of those eligible. Opposing this amendment will guarantee that unions are held hostage by a militant minority who force strikes even when the union’s own members do not support one. We can ill afford more strikes that crush growth, prevent workers from getting to work and endanger lives, and the public will not forget the change that this Government seek to make.

Amendment 61 is a Cross-Bench Lords amendment that would maintain a consensus arrived at by the Trade Union Political Funds and Political Party Funding Committee—that only those who actively choose to contribute to a political fund opt in to do so. This is a basic principle that the Government have applied to services everywhere else in the economy, from beauty boxes, gyms and meditation apps to Netflix and newspaper subscriptions. Why should Britain’s workers not enjoy the same right? The only conceivable reason—it brings shame on anyone who votes against the amendment—is to swell the coffers of one political party.

Lords amendment 47, on the right to be accompanied, tries to finally level the playing field for the 80% of workers who are not in a union, but should have the same rights as trade union members to be supported in a disciplinary or grievance hearing. By voting against this modest but important reform, Labour is preserving what is essentially a closed shop that unions use to push people who do not want to join into doing so. We scrapped the closed shop decades ago, and no one should be bringing it back as a means of pressuring vulnerable workers into paying into union coffers.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Will the hon. Member give way?

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[Andrew Griffith]

I will happily give way if the hon. Gentleman will talk about the other organisations that will do a brilliant job of representing employees.

[Gareth Snell]

Well, that wouldn’t be the Tory party, would it, Madam Deputy Speaker?

What the shadow Secretary of State seems not to understand is that workers cannot turn up to a trade union and go, “I’ve got a problem. Can I join and get representation, please?”. Almost every union in this country requires a qualifying period to get the representation he talks about—the idea that this is a closed shop is just nonsense.

[Andrew Griffith]

The hon. Member has probably wilfully misinterpreted what I said. I am talking about the right for individuals to be represented by a trade union or by a qualified professional from another domain, such as a qualified lawyer.

[Justin Madders (Ellesmere Port and Bromborough) (Lab)]

Will the shadow Secretary of State give way?

[Andrew Griffith]

Of course I will give way to the hon. Gentleman—we are missing him already.

[Justin Madders]

I am glad to be back.

The shadow Secretary of State just talked about legal fees for firms when it comes to defending tribunal cases. If the right to be accompanied is expanded to include lawyers, the response of firms will be, “We had better get a lawyer too”, and that will just put up costs, will it not?

[Andrew Griffith]

The hon. Member has done a great deal of work on the Bill, and it is a great shame that he was cut short in his prime, but with respect the point is about choice for the individual. In many cases, the long-standing right will be to be represented by a trade union, but it could also be a mediator or a qualified professional in any other domain. The point is not to extinguish that choice, which is absolutely—he will know this—what the amendment would do. The Bill—from a Government who in too many domains are now tolerant of a two-tier system—creates a two-tier system for workers’ rights.

Lords amendment 1 is a typical example of where the Government do not understand or have failed to listen to businesses, particularly hospitality and seasonal businesses. What started as an attempt to ban zero-hours contracts has morphed into a chain around the necks of both employers and workers. The Government will no doubt cry about unintended consequences when the time comes, but I can tell them now that the consequences will be clear, and a cacophony of business groups such as UK Hospitality, the British Retail Consortium and the Federation of Small Businesses have explained this precisely to them. I gently say that if the Government feel so strongly about zero-hours contracts, the best way of putting their own house in order would be to start with tackling precisely those that operate in the armed forces reserves.

Lords amendment 48 would protect the countless businesses across the country that rely directly on seasonal work. From the coasts of Devon and Cornwall to Great Yarmouth, and from the Secretary of State’s and my own county of Sussex to Ayrshire, there are millions of workers employed in seasonal industries. Seasonal work often takes place in communities that are heavily reliant on tourism, both foreign and domestic, and that are competing in a competitive international market. The Government have already taken an axe to the hospitality and retail industries with the removals of relief. The amendment would be a very good way of going in some direction to support them.

In opposing Lords amendment 49, the Government are showing their commitment to ignore small business above all others. The Secretary of State says that he wants to listen to businesses, and I take him at his word, but why then oppose this amendment, which would codify precisely that? Countless small business will have a real challenge in dealing with this Bill, which is now 330 pages of red tape. Why on earth would the Government put their Members through the Lobby to oppose listening and consulting with small businesses?

We support Lords amendment 60, which has cross-party support, at the behest of millions of those who enjoy heritage railway attractions. If the Secretary of State has not yet made it to the Amberley museum, which is not that far from his constituency—[Interruption.] He knows of it? Well, he is welcome to come and visit and listen to how the volunteers who are gaining valuable experience will be affected.

I am perplexed about why the Government are so opposed to Lords amendment 46 on the protection of whistleblowers. It is genuinely confusing. Time and again Ministers on both sides of this House have come to the Dispatch Box to talk about Government scandals. We have seen brave people in organisations try to speak up and raise their concerns, only to have them dismissed. The Government claim that the Bill is about workers’ rights yet seem to have zero interest in protecting workers who try to reveal serious problems in the private and public sectors. I urge all colleagues to read that for themselves and to make up their own minds on where they think the right place to be is. Good luck to those who vote against that entirely reasonable amendment, which would protect people who do the right thing, and then have to try to explain to their constituents why they did so.