Employment Rights Bill

Baroness Verma Excerpts

Committee stage
Monday 19th May 2025 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

I am all for enhancing in any way the free speech duties required by the law, and I am happy to talk to the noble Baroness in a moment about how we can do that.

Earlier, the Minister said that the Government were on the side of workers and not the abusers, and she got a lot of, “Hear, hears!”. I would like to point out that the people who are worried about these clauses are not on the side of the abusers against the workers. That characterisation is not particularly helpful in a Committee in which we are trying, in good faith, to understand the implications of this set of clauses. Imagine that you are an employer and you hear these proposals; you will think, “Oh, my God, if I don’t completely over-comply, I’m going to be accused, demonised, as on the side of abusers, not on the side of my employees”.

It is therefore very important that this impact assessment is done to reassure those of us who are worried. If the Government feel that we are over-worrying, then a detailed impact assessment, which we have not had for these clauses, would help to reassure us properly, with facts and evidence, rather than assertion and soundbites.

[Baroness Verma (Con)]

My Lords, I have a brief point to make about the impact on minority businesses, which may need extra assistance, and to ask whether the cost has been taken into account in an impact assessment. If it has not, I highly recommend that the Minister consider the many thousands of businesses across the country which will have to comply. If there is not a fully programmed impact assessment incorporating all those businesses, she will undoubtedly find that a lot of them will come out on the wrong side of implementation.

[Lord Lucas (Con)]

My Lords, as a proprietor of a small business, I can say that anything with the words “all reasonable” in it is going to meet with some very careful consideration. Of course, I am going to take advice and spend a good deal of time internally looking at the consequences. For me, and I would expect for most businesses like mine, there are going to be costs. As the noble Baroness, Lady Fox, said, employment lawyers do not come cheap, and I expect that this is going to cost a great deal more than the Government say it is.

Of course, I can also see the benefits. If I read Clauses 19 and 20 together, and apply them to the way schools are run, I think we are going to get discipline at Katharine Birbalsingh levels, because schools will have an active duty to make sure that their staff are not harassed by pupils or parents. They will be required to come up to the best standards, so I can see the Government’s ambitions in this. Amendment 97, which proposes a really accurate look at the benefits and costs of this part of the Bill, would be therefore helpful so that we all understand how to make the best of what are undoubtedly, at their heart, some very good intentions.

In case the noble Lord, Lord Fox, is reaching for his matchbox again tonight to light his straw men, here are a couple of examples from my experience. One is from visiting someone my age in hospital who was recovering from a serious operation. A couple of other people on the ward, under the influence of the shock of the operation and the drugs they were on, had reverted 50 years; the way they were treating the black nurses was quite extraordinarily horrible. The nurses were taking it on the chin and carrying on giving the best possible care. The other example is a disabled woman in a wheelchair who asked for help getting on a train at a station but was refused for reasons she thought condescending. She got a bit cross, and the station manager said, “Right, we’re not putting you on any train today”.

Those situations would both be impacted by Clause 20 in particular. How will this Bill work in practice? Looking at those two circumstances, will it be possible for the NHS, or indeed other caring organisations, to offer care where patients have become, for reasons that are not to do with their conscious selves, completely unreasonable? Is it reasonable to leave a disabled woman marooned in London just because she had a disagreement with a member of staff who got upset about it? How is this going to work? A really good understanding of that—rather than us all having to worry about what the impact of this section might be —would be a really helpful thing to find in this Bill.