Employment Rights Bill

Baroness Neville-Rolfe Excerpts

Committee stage
Thursday 8th May 2025 Lords Chamber

[Baroness Bousted (Lab)]

My Lords, Amendment 65A refers to

“any other sector where the core duties require in-person collaboration, physical presence, or real-time operational responsiveness”.

That could well be argued to be teaching, of course.

As my noble friend Lord Katz said, flexible working is not just working at home—it has a whole range of other alternatives and ways of doing it. The lack of the ability to work flexibly has real consequences for the delivery of a profession that I know a lot about, which is teaching. Some 76% of teachers are women. The biggest proportion of teachers who leave the profession every year are women in their 30s.

I declare an interest in that I am chairing the commission on teaching. We have commissioned some independent research on this issue from the Key foundation, which finds that women in their 30s with children leave teaching in huge numbers. It was 9,000 last year, the biggest number on record of women leaving the profession. They leave when they have children because their requests to work part-time or flexibly are denied.

The noble Lord, Lord Sharpe of Epsom, asked whether employers were just routinely refusing flexible working. Well, in education, yes, they are. The rate of flexible working among graduate professions is about 46%. In teaching, 2% of teachers last year asked whether they could work flexibly. Those requests are routinely denied by employers who have a very poor understanding of what flexible working involves and, frankly, by employers who refuse flexible working because of a one-size-fits-all policy and then find that the teachers who are so precious to them leave the profession.

Last week I spoke to a young teacher with two children who asked whether she could have two registration periods off a week—she would make up the time in other ways—because her youngest child, who is three, was finding it difficult to settle at nursery. That was refused and she has now given in her resignation.

Work on this has been done by the Key foundation and by the Missing Mothers report from the New Britain Project, authored by Anna McShane. When she looked at the reasons for women leaving the profession in their 30s, she found that overwhelmingly they leave because they do not feel that they can manage the demands of the job full time and the demands of bringing up a family. The main recommendation in that report was that flexible working should be supported and encouraged. So, if an amendment that refers to

“any other sector where the core duties require in-person collaboration, physical presence, or real-time operational responsiveness”

were to be included in the Bill, it would be used up and down the land by education employers as a “get out of jail free card” for flexible working requests. As the Minister said, that means all sorts of things, including the right to flexible working—and the DfE defines flexible working as flexible and part-time.

We have to get out of the idea that there are whole swathes of the economy—education being the one I know most about—where flexible working is just not possible. We have to start thinking differently about this. If this amendment were agreed, it would make doubly difficult the right to request and to engage in flexible working, which would have such an effect on retaining teachers in the profession and on raising educational standards in our schools. So I think it is a very poor amendment.

[Baroness Neville-Rolfe (Con)]

My Lords, I will ask one simple question: what is flexible working? Perhaps the Minister could reply to that. I have a lot of sympathy with what has been said; I have always encouraged people who want to work part time, dual workers and so on. I have worked at a senior level in business and in government, both as a civil servant and as a Minister, and the truth is that you have to show some flexibility when things are difficult. That is what my noble friends are trying to capture in the amendment they have put forward.

We need to try to find a way through on this, to encourage flexible working. However, we also have to consider the needs of the employer. That will be true in the business sector—which I know—in the enterprise sector, in the charities sector and of course in government. It is a very important debate and any light that can be thrown on it by either the Minister or my noble friend Lord Murray, with his legal hat on, would be very helpful.

[Lord Fox (LD)]

My Lords, this debate has been more interesting than I expected. In looking at Amendment 65, we should acknowledge that the noble Lord, Lord Sharpe, with his former ministerial responsibilities, had considerable interaction with the services that he described, so we should take him seriously.

In Amendment 65A, he sets out certain sectors. However, in seeking to deliver unambiguity, I think he has introduced new ambiguity. Sector-specific exemptions are bringing their own problems. I asked the noble Lord, Lord Murray, what a journalist is. Is it a card-carrying member of the NUJ or is it someone who blogs and calls themselves a journalist, or a group of people? That is just one example of the ambiguity that a sector system brings in. So I am drawn to the idea that we have something like subsection (1ZA) in Clause 9(3).

If noble Lords are worried about the wooliness of it—I am not sure that was the word that the noble Lord, Lord Murray, used—we can work to firm that language up. But to describe the job, rather than try to think of every single job title we want to include in primary legislation, is a better way of going about it. If the description is too difficult to nail, I am sure it is not beyond the wit of us all to find a better way of describing it.

Had the noble Lord, Lord Murray, been here a little earlier, he would have heard the shortcomings of the tribunal system being well exercised, and some comments from the noble Lord to the effect that the MoJ is looking at it. To return to that point, in my speech on the last group I asked for a meeting, so perhaps the Ministers could facilitate a meeting with interested parties on the Bill and the MoJ to find out how it is moving forward on tribunals; we need some line of sight on that. It is something of a capitulation if we say, “The tribunals are no good, so we’re not going to make the right legislation because they won’t be there to uphold it”. We have a duty to make the right legislation, to put it in place and to make sure that the tribunals can deliver.