Employment Rights Bill

Desmond Swayne Excerpts

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Peter Kyle]

As a Member of Parliament representing a constituency in the beautiful county of Sussex, I am aware of the needs of seasonal workers, including those in the agricultural sector. We believe that the Bill allows flexibility for that sector, but if the hon. Lady would like to write to me with further updates, I am always willing to listen.

[Sir Desmond Swayne (New Forest West) (Con)]

On that point, will the Minister give way?

[Peter Kyle]

Let me make a little progress, then I will come back to the right hon. Gentleman; I am sure he will understand.

We move on to bereavement leave. The Bill will ensure that every employee has an immediate right to bereavement leave from the first day of employment. As both Houses have agreed, bereavement is not an illness or a holiday, and it needs its own special category. The Government amendments in the other place expand bereavement leave entitlement in the Bill to include pregnancy loss occurring before 24 weeks. I pay tribute to all those who have campaigned on that change, such as the Women and Equalities Committee—specifically my hon. Friend the Member for Luton North (Sarah Owen)—and countless women who have told their own very personal and painful stories of loss as part of the campaign for this important change. I have been very open about my own experiences with grief and loss, and I feel strongly that people need time away from work to grieve. No one going through the heartache of pregnancy loss should be worrying about work; they must be able to take time to recover.

I give way to the right hon. Member for New Forest West (Sir Desmond Swayne).

[Sir Desmond Swayne]

Let me take the Secretary of State back to zero-hours contracts. The seasonality of the hospitality industry and, indeed, boat building down in my constituency, where large numbers of students are taken on, means that scheduling for guaranteed hours is very difficult, particularly when those students benefit from the provision, because they want to partake in races and other seasonal activities of a leisure nature.

[Peter Kyle]

I am grateful to the right hon. Gentleman for raising his concerns in this area. I represent a constituency in Brighton and Hove that has a vibrant hospitality and night-time economy and two universities, so I have paid particularly close attention to these issues. I reassure him that the Bill refers to exploitative zero-hours contracts. It is clear that some people will want employment on different terms, and we have flexibility in the Bill for those circumstances. Where there is exploitation or the potential for it—which surely we all agree exists in the economy at the present time—we should act against those sorts of things.

--- Later in debate ---

[Peter Kyle]

I think that the hon. Gentleman is making an argument for the Bill. We want to ensure that every employer in the country has the same legislative framework in which to operate.

[Sir Desmond Swayne]

Will the Secretary of State give way?

[Peter Kyle]

I will, but I must alert all Members to the fact that I want to have time to listen to their own speeches, so I shall be rattling through from now on.

[Sir Desmond Swayne]

What can the Secretary of State say to those in the boatbuilding industry who have made representations to me about protection from day one? When someone takes on a craftsman, it can take quite a long time to establish whether he is any good and up to the job.

[Peter Kyle]

The reassurance that I give is that we will implement this policy, having listened to employers. We will make sure that the rights to which we have committed in our manifesto are fully upheld.

What employers want is to have workers who are fully committed to their life in the workplace. If employees feel that they have an unreasonable sword of Damocles over their head, employers will not get the best productivity out of those workers.

--- Later in debate ---

[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.