Employment Rights Bill

Baroness Warwick of Undercliffe Excerpts

3rd reading
Wednesday 3rd September 2025 Lords Chamber

As we send this Bill to the other place, we can await with interest its consideration of amendments made by this House. I am sure we are all eager for a swift consideration to ensure that the people of this country can access these rights—the sooner, the better. In the meantime, I beg to move.

[Baroness Warwick of Undercliffe (Lab)]

My Lords, I am conscious that this is Third Reading and I fully support the Bill, but I wanted to take this last opportunity to ask for greater clarification in relation to Clause 30 and its applicability to higher education providers across England, Wales, Scotland and Northern Ireland. This is an issue I raised in Committee.

I thank my noble friend the Minister for her helpful response in Committee and in the subsequent letter that she wrote. I know that she shares with the sector an interest in ensuring that the Bill does not impose undue burdens on the HE sector, given the key role played by universities in the delivery of the department’s industrial strategy. Universities wholeheartedly support the enactment of the Bill and will be working to ensure fair employment practices are maintained and strengthened. However, as autonomous institutions, universities, unlike other organisations in the public sphere, will be requested to absorb the additional costs that this legislation imposes. In advance of the Bill becoming law, and ahead of the consultation process, I seek further clarity and assurances on behalf of the higher education sector on three specific issues.

First, in her letter, my noble friend indicated that the code would specify to which bodies and to what value of procurement activities Clause 30 would apply. It is possible that the procurement activities of universities are exempted due to their nature and value. Can she elaborate further on this and allay any outstanding concerns in the lead-up to the consultation process? Secondly, it is still not clear whether pensions will also be subject to the “no less favourable” terms, which could result in considerable additional burdens for institutions where there are legacy arrangements in place. Thirdly, there is uncertainty over whether the provisions in Clause 30 would be retrospectively applied. Decisions on both these areas could make a material difference to the extent of financial impact experienced by the higher education sector.

I recognise that these are likely to be significant subjects in the consultation, but if my noble friend is able to provide any reassurances in advance of this process, it would be very much welcomed. The sector is so critical in delivering the skills needed for the UK’s successful future and the hopes and aspirations of communities across the UK.

[Lord Goddard of Stockport (LD)]

My Lords, I rise, I hope for the last time, as temporary spokesperson for the Liberal Democrats, as my noble friend Lord Fox’s spectre has arrived behind me—and he is a sight to behold.

I begin by thanking various Ministers—the noble Lord, Lord Leong, and the noble Baronesses, Lady Jones and Lady Smith, to name but three of many—for the time and patience given to me and our team. They always made time and effort to help me understand not only the process but the logic and reasoning behind the objectives of the Bill, and I genuinely thank them for it. I also thank our political adviser Adam Bull, who had the almost impossible task of turning a helpful Back-Bencher supporting my noble friend Lord Fox and his team into an overnight Front-Bench spokesperson leading our group following my noble friend’s accident. I have no idea how he pulled it off, but somehow he convinced me it was possible and we gave it our best shot, along with my noble friends Lord Palmer, Lord Clement-Jones and Lady Kramer, attempting to be reasonable and proportionate throughout the passage of the Bill.

We on these Benches broadly support the Bill and have said on many occasions that it was long overdue, and we acknowledge the Government’s mandate for this legislation. However, we believe that it could and should be refined to work better for workers and for industry, and urge the Government not to disregard the changes that have been proposed, passed and sent back to the other House without extensive consideration and consultation.