Employment Rights Bill

Liz Saville Roberts Excerpts

Consideration of Lords amendments
Monday 15th September 2025 Commons Chamber

[Peter Kyle]

I agree that such powers need to be used wisely. The House will notice that many clauses provide for guidance in primary legislation during the implementation phase, and consultation with the businesses affected. Members will have their voice heard, as will businesses and workers affected by the Bill. During the passage of the Bill through both Houses, there have been improvements to the legislation, and I am grateful to Members of both Houses for their tireless work.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

The vast majority of the Employment Rights Bill is very much to be welcomed. Amendment 61, which relates to heritage railways and heritage tramways, would allow people under the age of 16 to volunteer on those heritage railway lines. It has been so narrowly worded as to be specifically for those sectors, and it would give young people fantastic opportunities to learn about technology, to work across generations, and to contribute to their communities. Will the Government please consider it again?

[Peter Kyle]

I know that this is something that affects the community that right hon. Lady represents, and that she is a tireless champion for her community here in Parliament, via the all-party parliamentary group on heritage rail. I will come to that amendment specifically, so I think it is best that I leave the answer until then. If she wants to come back to me once she has heard the explanation as to why we will not support amendment 61, I will happily take another intervention.

I will start by speaking to the amendments that the Government made in another place. The majority of them reinforce and strengthen existing measures in the Bill by making technical adjustments. They close loopholes to safeguard policy functionality, resolve uncertainty and ensure that measures are comprehensive and effectively deliver the policy as intended, as set out by the plan to make work pay. Some of the substantial amendments follow excellent campaigning by Members of this House and the other place, and demonstrate that the Government are listening and taking action, where appropriate.

The Government’s amendments on zero-hours contracts strengthen and clarify provisions that were already in the Bill when it left this place. Our commitment to banning exploitative zero-hours contracts is the culmination of years of campaigning by Labour MPs, trade unions and the wider Labour movement. For too long, these contracts have been used to replace full-time jobs. The Government amendments tabled in the other place reflect our commitment to getting the detail right, and were informed by extensive engagement with a wide range of businesses, trade unions and other expert stakeholders.

--- Later in debate ---

[Peter Kyle]

I am going to make some progress.

We have said explicitly that our intention is to provide a less onerous approach for businesses to follow in order to dismiss someone during the statutory probation period for reasons to do with their performance and suitability for the role. The Government are committed to undertaking a public consultation to get the details of the statutory probation period right, to keep it light touch and to get the standards right. Most employers who use contractual probation periods operate them for six months or less. The Government’s preference is for the statutory probation period to be nine months long. That will enable an employer to operate a basic six-month probation period, with an option for extension where employers wish to give their employees further time to improve their performance. We will consult on the duration, which is why the Government will not agree to Lords amendments 23 and 106 to 120.

Lords amendment 48 seeks to impose a duty on the Secretary of State to have regard to the requirements for seasonal workers when making regulations. The Government do not believe the amendment is necessary, because the Bill already reflects the realities of seasonal work. For example, it allows guaranteed offers for limited-term contracts where appropriate, such as for task-based or time-bound roles. This Government do not believe the amendment is necessary, as the approach taken in the Bill already protects seasonal jobs while ensuring fair rights for workers, which is why the Government decline to support this amendment.

Lords amendment 49 seeks to require a consultation on the effects of provisions in part 1, and to ensure that at least 500 small and medium-sized businesses are included in the consultation. SMEs are the backbone of the British economy, and their insights are vital to shaping policy that works in practice. That is why our approach to the implementation of the Bill includes 13 targeted consultations, running through to 2026. We think it is more effective and proportionate for us to engage extensively with SMEs, as planned through the consultation that we have described in our road map, and to ensure that SMEs’ views help shape the implementation. Given the comprehensive process, the Government consider that the amendment must be rejected.

Lords amendment 46 would have the effect of requiring the Secretary of State to make regulations within six months to extend the circumstances in which an employee is automatically considered to have been unfairly dismissed for whistleblowing. It would require certain employers to take responsible steps to investigate whistleblowing claims. The Government do not support the amendment. We recognise that the whistleblowing framework in the Employment Rights Act 1996 may not be operating as effectively as it should be, but we believe that any reform should be considered as part of a broader assessment of that framework. That is why the Government consider that the amendment must be rejected.

Lords amendment 47 would insert a new clause into the Bill that relates to workplace representation. The amendment would allow workers and employees to be accompanied at grievance hearings by a certified professional companion. The law already guarantees workers the right to be accompanied at a disciplinary or grievance hearing by a fellow worker, a trade union representative or an official employed by a trade union. Employers may allow other companions to attend formal meetings on a discretionary basis. The current law has served workers and employees for well over two decades. It strikes the right balance between fairness, flexibility and practicality, and we believe it should remain this way.

Lords amendment 60 seeks to remove the restrictions on young people aged 14 to 16 working on a heritage railway or a heritage tramway from the meaning of

“employment in an industrial undertaking”.

The Government do not believe that this amendment is necessary. The benefits of youth volunteering in heritage railways cannot be overestimated and, with proper health and safety management, it already works well. The Employment of Women, Young Persons, and Children Act 1920 does not ban youth volunteering in appropriate roles on heritage railways. Well-run schemes, such as the one in Swanage, show that young people can still take part safely and legally.

[Liz Saville Roberts]

I politely remind the Secretary of State that he is therefore advising heritage railways to in effect break the law, because that is how the law stands. If parents or a local authority were to bring an action against a heritage railway, it would find itself in such a position. If he cannot change that in this legislation, I really urge him to discuss with me how to bring this forward in another way.

[Peter Kyle]

This matter has been the source of a lot of consternation and examination in my Department. I assure the right hon. Member that we have looked very closely at it and believe that the existing law is fit for purpose in this case. We will proceed on that basis, but as she will have found during the time we have both been in this place, I am always happy to sit down with her, and especially, being so new in the job, so to learn about that specific case. However, we will proceed in that way because the advice is very clear on this matter.

Lords amendments 61 and 72 seek to remove clause 59 relating to trade union political funds from the Bill. Clause 59 reverses the changes introduced by the Trade Union Act 2016, reinstating arrangements whereby union members are automatically opted in to contribute to political funds, unless they choose to opt out. This is a key step in lifting the burden of the 2016 Act and returning to a long-standing precedent that worked for 70 years. Removing clause 59 would break a clear Government commitment, which is why the Government consider that Lords amendment 61 should be rejected.

Lords amendment 62 seeks to remove clause 65(2) from the Bill, the effect of which would be to retain the 50% turnout threshold requirement for industrial action ballots. The Government do not support this amendment. The Bill brings union democracy into line with other democratic mandates, including votes in this Parliament and elections for each and every one of us. Clause 65 is a step towards fairness and consistency in how we respect collective voices, which is why this Government consider that the amendment must be rejected.

Lords amendment 121 is another duplicate amendment. We agree that the school support staff negotiating body should not block employers that wish to go further than the minimum terms and conditions, but that is already stipulated in the Bill. The amendment duplicates the effect of proposed new section 148M(6)(b), which is why the Government will be rejecting the amendment.

I urge Members to support the Government amendments before the House, including the amendments in lieu in relation to the extension of rights to time off for special constables. We have listened throughout the Bill’s passage, and we have made meaningful changes where needed, including on bereavement leave and non-disclosure arrangements. We will continue to listen in relation to the further work to be undertaken when implementing the Bill.

The Employment Rights Bill is a major step forward in modernising protections and delivering on our commitment to make work pay. Thank you, Madam Deputy Speaker, for the opportunity to speak on the Bill, and I will now allow others to speak.