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.

Business and the Economy

Desmond Swayne Excerpts

Wednesday 21st May 2025 Commons Chamber

[Andrew Griffith]

One has to celebrate small mercies, and I am delighted by the hon. Gentleman’s conversion to the cause of free trade. Free trade is what has lifted billions of people in the world out of poverty. It has made us the great country that we are today. The business in the hon. Gentleman’s constituency that has formed such a clear view has obviously benefited from considerably more detail than the House, so perhaps he will share its name. We would be very happy to hear about the details of the trade agreement that has been reached.

Perhaps, in having that conversation with his local business, the hon. Gentleman would like to engage in a discussion about its views on the Employment Rights Bill. Despite legion opportunities that I, and others, have given Ministers to name a single business that is in favour of all the measures in the Bill, answer still comes there none.

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

May I tell my hon. Friend why I think the hon. Member for Peterborough (Andrew Pakes) is wrong? Since the very inception of our negotiations to join what was then the common market—now the European Union—it has attached huge importance to fishing. We have just handed over the enormous leverage of an annual negotiation, and for what? Absolutely nothing.

[Madam Deputy Speaker]

Andrew Griffith, match that passion!

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 1st May 2025 Commons Chamber

[Gareth Thomas]

I commend my hon. Friend for meeting with Berkshire Growth Hub. Growth hubs play a crucial role in local economies. We want to supplement their work with our business growth service, which is set to launch later this year, and we are working with Skills England to identify the skills shortages in particular areas. I am happy to ensure that Skills England talks to Berkshire Growth Hub through my hon. Friend, so that the particular skills challenges in Berkshire are understood by Skills England.

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

Arrangements at the border are disadvantaging companies on both sides of the channel, so there are mutual advantages to be had in negotiations without feeling the need to make any major concessions, aren’t there?

[Mr Alexander]

I am not entirely convinced that the previous Government are a compass by which to navigate the next set of negotiations with the European Union. The right hon. Gentleman is entirely right that there is a whole series of unnecessary barriers to trade between ourselves and the European Union that were put in place as a direct consequence of the failure of the negotiations led by the previous Government. He is right to recognise that that is affecting directly a whole number of businesses on both sides of the channel. As the Secretary of State said, there is politics on both sides of the channel, but we are working very hard for British business in that context.

Energy Prices: Energy-intensive Industries

Desmond Swayne Excerpts

Thursday 1st May 2025 Commons Chamber

[Sarah Jones]

I think it was probably the Minister for Energy, my hon. Friend the Member for Rutherglen (Michael Shanks), who gave that assurance to the hon. Gentleman, and he is looking at all these issues. We have a very complex energy system. We are trying to make it as cost-effective as we can, and sustainable in the long term, to give us the energy security that we all need. I am sure my hon. Friend will continue to look at these issues.

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

A vital ingredient of any net zero policy is an understanding of the word “net”. Ultimately, we are going to have to grapple with technology that we have had for over a century to remove carbon directly from the air, aren’t we?

UK-US Trade and Tariffs

Desmond Swayne Excerpts

Thursday 3rd April 2025 Commons Chamber

[Jonathan Reynolds]

I am grateful to my hon. Friend. I have been in touch with a lot of people who have been this country’s Business Secretary, including some Conservative colleagues who remain in touch. I find that, at times, to be a very useful and worthwhile thing. I cannot tell my right hon. Friend that I am in touch with Boris Johnson on this or any other matter.

On the work of the previous Government, nothing substantive was negotiated in the trade talks they had with the US. This is a very different situation, but one where I think, if we get it right, there are gains. As I say, it is not just to avoid what was announced last night or before that on steel, aluminium and automotive tariffs, but to genuinely improve that trading relationship to our mutual benefit.

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

Tariffs are always and everywhere a diminution of the choice available to consumers. So it is not liberation day; it is the very antithesis. I hope the Secretary of State will bear that in mind as he considers the policy and the consultation on any retaliatory action.

[Jonathan Reynolds]

I am grateful to the right hon. Gentleman for how he has put that. I think he is right on where the burdens of policy fall in that area. It is not in anyone’s interest. No one wins a trade war; that is impossible. However, it requires us to react in a way that is calm, reassuring and pragmatic and which seeks a way forward. I can tell him that that is exactly what this Government will seek to do.

Product Regulation and Metrology Bill [Lords]

Desmond Swayne Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[The Secretary of State for Business and Trade (Jonathan Reynolds)]

I beg to move, That the Bill be now read a Second time.

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

Will the Secretary of State give way? [Laughter.]

[Jonathan Reynolds]

Of course—why not?

[Sir Desmond Swayne]

When did weights and measures become metrology? Is this use of newspeak deliberate to cover an Orwellian attempt to cloak this huge grab for power, and to what end?

[Jonathan Reynolds]

I am grateful for that intervention very early on in proceedings. I cannot provide a definitive answer to the right hon. Gentleman on the naming of the Bill, but I promise that I will find out and put it to him in writing. But he will know that the Bill was, I believe, originally planned by the previous Government because of the need to repatriate powers to the United Kingdom as a result of our exit from the European Union. It is something we need in our toolkit, so, far from being Orwellian, it is a pragmatic, practical proposal. I look forward to now making the case for it in more detail.

The primary mission of this Government, and the driving force of my Department, is stronger economic growth: not just growth that looks good on paper, but growth that is seen and is felt on our high streets, in our towns and cities, and in the communities we serve; growth that reverses 15 years of stagnation, with all the negative consequences we all felt during that time. To do that, we need an economy in which shops and small businesses can compete on a more level playing field with online marketplaces and the big tech giants. We need an economy that promotes investment and innovation, but at the same time ensures consumers and businesses have real, modern protections. That is why the Product Regulation and Metrology Bill is a small but hugely important piece of legislation, one that will further cement the UK’s status as a world leader in product regulation and safety.

“Chapter 4A

Desmond Swayne Excerpts

Tuesday 11th March 2025 Commons Chamber

[Justin Madders]

The reason why we are putting so many amendments down is because we have been consulting and working with businesses, and that is why we have so much to say today. It was a Labour party commitment to launch an Employment Rights Bill within 100 days of taking office, and I am proud that we have delivered on that commitment and that we have this Bill here today.

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

In that consultation, how many small businesses expressed their support for the Bill?

[Justin Madders]

I refer the right hon. Member to our departmental press release, where at least half a dozen business representatives and businesses have expressed support, and of course, there are many more businesses out there. Indeed, I visited one only recently that supported the Bill.

Oral Answers to Questions

Desmond Swayne Excerpts

Thursday 30th January 2025 Commons Chamber

[Sarah Jones]

I thank my hon. Friend for bringing to the House the work that is going on for the Atom Valley development zone, which is incredibly important and exactly what we want to see. The Mayor of Greater Manchester is to be congratulated for his leadership in this space as well. I am very interested in the work my hon. Friend refers to, not least because of the critical minerals strategy we are developing and the graphene work that I know will be under way in the manufacturing centre hub, so I very much look forward to talking further to him about what is happening and how we can help.

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

Why is it that the Government’s energy policy is driving uncompetitive energy costs in absolutely the wrong direction? Sir Jim Ratcliffe has pointed out that the principal threat to any strategy is actually the uncompetitive costs for those enterprises that will have to populate it.

[Sarah Jones]

This Government inherited very high energy costs from the previous Government, who had taken no action to make our country more energy secure. We are powering through to have clean, green, home-grown energy that will bring costs down and make sure we are secure as a country and not reliant on the whims of global leaders and the price of oil and gas. We will bring those costs down and we will support our industry, which I am afraid the previous Government failed to do.

Competition and Markets Authority Chairman

Desmond Swayne Excerpts

Wednesday 22nd January 2025 Commons Chamber

[Justin Madders]

My hon. Friend is right that we need to give the business community confidence that decisions will be made quickly to provide certainty, so that it can move forward with investments for the benefit of the whole economy.

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

What will be the impact on growth of a record number of millionaires having left the UK since the Budget?

[Justin Madders]

That is a very interesting question. I am not sure that the CMA’s role is to monitor the number of millionaires leaving the country.