Employment Rights Bill

Jayne Kirkham Excerpts

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Sam Rushworth]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests—like most Labour Members, I am proud to be supported by trade unions. Others have mentioned the absence of Reform Members from this debate, and of course we know why they are not here: they do not support the measures in the Employment Rights Bill, but they do not have the guts to say that to their voters.

I am here to speak on behalf of my constituents, particularly those who feel insecure at work. They are the people who do not have assets and safety nets, who are not mobile and confident, who live pay day to pay day, and who feel that they must take whatever pay and conditions they are offered because they are terrified of the alternative. It is 12 years since this party announced a commitment to end exploitative zero-hours contracts as a means of controlling workers and avoiding employment obligations.

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

I am a former teaching assistant, and many teaching assistants were working under a form of zero-hours contracts. Does my hon. Friend agree that this Bill, as well as bringing back the negotiating body for teaching assistants and support staff at school, will greatly help them by taking away the zero-hours contracts under which they previously suffered?

[Sam Rushworth]

The Bill absolutely will do so.

I remember speaking to a young couple when I was canvassing 12 years ago. The young woman had just had a baby, but because she was on a zero-hours contract, she was unable to get the maternity rights to which she was otherwise entitled. Her young partner, who likewise was on a zero-hours contract, talked about his pay and conditions at work, and after asking him why he did not challenge his employer, I understood that so many young people do not feel able to do so because they feel so insecure and sometimes just so grateful to be in a job. That is why I am speaking against Lords amendment 1.

It is absolutely right that the onus be placed on the employer to ensure that people are given regular contracts, and that we are not asking people who are often the most vulnerable and insecure workers to go to their employer and start asserting and demanding their rights. I have met many constituents over the past year or so, and I have learnt about the sheer vulnerability that, sadly, many working people feel, such as a tenant who tells me that they are frightened of demanding rights from their landlord because they fear they will be evicted. Of course, Reform also voted against our reforms banning no-fault evictions.

--- Later in debate ---

[Sam Rushworth]

I absolutely agree with my hon. Friend. That is what the Bill speaks to. There is a power gap between the ordinary working person who does not necessarily know their rights and is unable to assert them, and the sort of person who, for example, might buy a house in their girlfriend’s name. I will progress.

I also oppose the attempt, in Lords amendment 106, to water down the Bill by requiring six months for protection from unfair dismissal. There is of course a difference between unfair dismissal and fair dismissal. No employer is prevented from using fair grounds to dismiss an employee. The previous Government extended the time before you could even claim unfair dismissal to two years. That left far too many people vulnerable to being dismissed at a whim, or dismissed because they had demanded their rights at work.

I had an experience of that myself. I have never talked about it before, because I signed a non-disclosure agreement. Shortly after becoming the branch rep for the University and College Union when I was a college lecturer, I pointed out that the college I was teaching at was not paying the minimum wage to some of its staff. The college then attempted to dismiss me for bringing it into disrepute. Thankfully, I was able to take on one of the top employment lawyers in the area at the time—only because they had forced me to teach an HR course—and give myself a crash course in human rights law. I left that place with a payout.

I remember the shame I felt at the time for signing the non-disclosure agreement. I wanted to fight for other people, but at the end of the day I was terrified that I was going to miss my next mortgage payment and I was thinking of my children. That is the position that far too many people find themselves in. So what we are doing on non-disclosure is right. I have to ask all Members, as they vote on whether to water this down, whose side they are on. Will they be on the side of those seeking to cover up sexual harassment, rather than on the side of the whistleblowers?

In my mind’s eye, as I vote this evening, will be real people in my Bishop Auckland constituency. I want to tell the House about two or three of them. A few months ago, I received correspondence from a parish councillor who is also a local farmer and a member of the Labour party. He told me of his concern that every day he saw two women sitting in the bus shelter in a cold hilltop village. He approached them to ask them what they were doing there, because they were there for several hours. It turned out that they were care workers. They were dropped off in the morning and did a visit. At another point in the day they would do another visit, and another visit later. But they were only paid for the specific time that they were in people’s houses; they were not paid for the entirety of the day. That is a workaround to avoid paying them the minimum wage. The Bill makes provision for a fair pay agreement in adult social care to address such practices. By the way, he then opened the village hall for them and made sure they had a warm space to wait in each day between shifts.

[Jayne Kirkham]

I refer the House to my entry in the Register of Members’ Financial Interests. I, too, was a Unison rep, and I have taken contributions from Unison and other unions towards my election expenses. The point my hon. Friend makes is very real in Cornwall too. Migrant care workers were left on a bench in a village from the early morning shift to the late evening shift. That must be addressed, and it will be addressed under the Bill.

[Sam Rushworth]

It will, absolutely. We should not have people working in those kinds of conditions and that sort of poverty in 2025.