Employment Rights Bill

Bradley Thomas Excerpts

Consideration of Lords message
Monday 15th December 2025 Commons Chamber

[Mark Sewards]

We will always pay attention to the arguments made in the other place, but I place more credence on the arguments made by life peers—people who have been appointed because of their expertise and not because of the family they were born into. However, I appreciate that that point has been well made, Madam Deputy Speaker, and I will move on.

Along with the fact that the Government have already compromised in good faith on the Bill with trade unions and businesses, and that those businesses and their representative organisations have welcomed what we have put in the Bill and called on us to pass it today, we were elected on a promise to get this Bill passed into law. Fire and rehire must be banned. Exploitative zero-hours contracts must be ruled out. Day one rights for parental and bereavement leave must be rolled out, and sick pay must be improved. Whichever way the House votes on these amendments today, I implore the hereditary peers in the other place to do the right thing, get out of the way, let this Bill pass and make work pay.

[Bradley Thomas (Bromsgrove) (Con)]

The impacts of the Bill in its current form are already being felt: 71% of businesses have raised serious concerns, with over 90% of small business owners expressing deep worries, resulting in 67% of companies preparing to halt recruitment. We already know that the Government do not understand business. That has been demonstrated clearly through the string of damaging policies trailing behind them, from the national insurance changes that are crippling the hospitality sector to the family farm tax that is undermining our national food security. Aspects of this Bill are no exception, the prime example being the complete removal of the employment tribunal cap on unfair dismissal compensatory awards.

As of June 2025, 515,000 open claims were in the system, and the numbers continue to rise. The employment tribunal system is inundated. It is overwhelmed and debilitated by cases, leaving thousands facing intolerable delays. Rather than addressing the issue through action that would significantly help working people—

[Michael Wheeler (Worsley and Eccles) (Lab)]

I wonder whether the hon. Member accepts that, as a number of colleagues have drawn to the House’s attention, the current system has a perverse incentive that pushes people towards a more complicated tribunal system that seeks to identify discrimination, rather than a simpler system of unfair dismissal, because of the cap. This measure is more likely to keep claims within the simpler, more streamlined and quicker system of unfair dismissal, thereby helping with the very problem that we all accept is real.

[Bradley Thomas]

I was just about to get to the point that I wanted to make: removal of the cap will make matters significantly worse. To put it plainly, it will open the floodgates for senior executives to pursue multimillion-pound claims that will further congest the courts. For many companies, the dismissal process for senior executives is fundamentally different from that used for other employees, in many cases as a result of strategic complexities relating to board involvement. Unlike the structured procedures applied to the wider workforce, senior leaders are seldom afforded opportunities such as performance improvement plans before removal. The Bill creates a significant liability and establishes a direct financial incentive for senior executives to pursue employment claims.

[Paul Waugh]

Is the hon. Gentleman aware that, at the moment, compensation for racial, sexual and disability discrimination, and for whistleblowers, is uncapped? What is the difference between that and being unfairly dismissed?

[Bradley Thomas]

The hon. Gentleman misses the point that I am making. Currently, there is no financial incentive for very senior executives who cannot exercise any leverage over things such as pay and equity, and the Bill risks clogging up the system. The CEOs of large UK corporations earn a median salary of over £4 million, compared with the £118,000 cap on unfair dismissal claims, so high earners have little incentive to lodge claims. Remove the cap and that incentive becomes glaringly obvious.

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

Will the hon. Gentleman give way?

[Bradley Thomas]

I will make progress.

The idea that removing the cap will lead to anything other than a surge in cases is pure fantasy. This lack of understanding shows why the Government must listen to those who know how business works and recognise the devastating consequences that the Bill will have for companies and, crucially, for workers, rather than branding themselves champions of working people while advancing policies that benefit only high-fliers.

[Graham Stuart]

Labour colleagues shake their heads as my hon. Friend lays out the blindingly obvious. That goes to show why introducing a measure at the last minute during ping-pong is inappropriate and precisely why the House of Lords is right to say that we must consider this fully. It is quite obvious that Labour Members do not want to understand it; they obviously do not understand the implications.

[Bradley Thomas]

I thank my right hon. Friend, who makes his point eloquently, as usual.

The Government must abandon the measure. If they are really on the side of workers, the best thing they can do is abandon this measure—and abandon the Bill in its entirety.

[Laurence Turner]

I am grateful to have been called to speak in this debate. I draw the House’s attention to my membership of the GMB and my chairship of its parliamentary group—an unremunerated role.

The Bill has been the subject of 14 months of debate and scrutiny, and it should have received Royal Assent months ago. Let us not beat around the bush about why we are here tonight: the Bill has been deliberately delayed by some Members of the other place who disagree with the principle of what it seeks to achieve and with the electoral mandate behind it. The amendment that came from the Lords last week represents the last gasp of that approach, testing the limits of the democratic decision-making process and the constitutional relationship that binds these two Houses. This is no longer solely about workers’ rights; it has become a challenge by unelected peers to the primacy of the Commons and the greater legitimacy that our constituents lend us temporarily.