Employment Rights Bill

Louise Haigh Excerpts

Monday 15th September 2025 Commons Chamber

[Peter Kyle]

My hon. Friend has demonstrated many things in that intervention, including what a great teacher she was. As a former chair of governors and a governor of a couple of schools, I can assure her that I too understand the value of teaching assistants and all those who support the education of young people. I agree that the Bill gets the balance right—that is why we are proceeding as we are.

I turn to the Lords amendments dealing with the international maritime provisions. The Government amendment clarifies that a regulation to implement future agreements may not be brought into force before the agreement is ratified, but by implication, such regulations may be made before it is ratified. This will allow the UK to meet its international obligations by ensuring such regulations can be made ahead of the deadline for bringing them into force.

The Fair Work Agency provisions will establish a single body to enforce a wide range of employment rights. The Government amendments are technical refinements to improve enforcement and co-ordination. They clarify definitions of “worker” and “employer”, enable summary sheriffs in Scotland to act on underpayment notices, and refine provisions on data sharing between enforcement bodies. The amendments will ensure that the Fair Work Agency can operate smoothly and effectively.

In another place, the Government also made an amendment to change the time limit in the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 from three months to six months, ensuring consistency with wider employment tribunal time limit reforms.

Amendments were made in another place to the trade union provisions. The Government have refined the provisions on trade union recognition by adding sanctions for non-compliance, requiring timely sharing of worker data, and tightening timelines to protect bargaining units. Together, these amendments enhance fairness, transparency and enforceability in trade union recognition.

I now turn to non-disclosure agreements. The Government are committed to ending the misuse of NDAs, which silence victims of sexual harassment, discrimination and bullying. I thank Members of this House and those in another place for their work on this issue, as well as Zelda Perkins, the founder of Can’t Buy My Silence, for her tireless campaigning, and my right hon. Friend the Member for Sheffield Heeley (Louise Haigh), who has championed this cause for many years. Today must be a good day for her, as she sees another step forward taken in delivering those rights.

[Louise Haigh (Sheffield Heeley) (Lab)]

I am sure all Members of the House would like to note that Zelda Perkins joins us in the Under-Gallery today, and to thank her for her tireless work in campaigning on this issue. The road map for implementation of this legislation was published before the Government tabled their amendments, so will the Secretary of State confirm when he will commence consultation, and when the Government are aiming for this primary legislation to commence so that the ban on NDAs can come into force?

[Peter Kyle]

It is great to know that Zelda is in the Chamber with us today, and that my right hon. Friend is also in the Chamber to give voice to so many campaigners and the work she has done. The Prime Minister has confirmed that the road map remains as is.

In another place, we made two amendments to strengthen the provisions in the Bill that protect victims, while preserving NDAs to protect legitimate business interests. The new clause will allow workers to speak freely about their experiences and allow those who have witnessed misconduct or have knowledge of it to call it out by voiding a non-disclosure agreement that has been used to try to silence victims. The Government will consult on related secondary legislation before commencing the measure.

The Government propose two new amendments. The first will extend the scope of the clause to include staff of both Houses. We are proposing that change following discussions with parliamentary authorities. The second amendment is designed to give disabled workers more protection. It will extend the scope of relevant discrimination to include a failure to make reasonable adjustments for disabled persons under section 21 of the Equality Act 2010. That will ensure that all forms of harassment and discrimination in the Equality Act are covered.

I will now set out the Government’s position on the 28 non-Government amendments made to the Bill in the other place, which cover 12 policy areas. Lords amendment 1 addresses provisions on zero-hours contracts and seeks to change the onus from the employer to the employee on the right to guaranteed hours. The amendment shifts it from a duty on employers to offer guaranteed hours to qualifying workers to a model where employees must actively request them. The Government believe that the duty to offer guaranteed hours should lie with the employer. A right-to-request model could create undesirable barriers, making it especially difficult for vulnerable workers on exploitative zero-hours contracts to access their right to guaranteed hours, especially as many such workers are younger and may be in their first job. As of June 2025, approximately 480,000 people in employment aged 16 to 24 are on zero-hours contracts. That is out of a total of 1.18 million workers on zero-hours contracts overall. Our position strikes a fair balance between protection and choice. For that reason, the Government do not support the amendment.

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[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

I am grateful to have the opportunity to speak to two specific Lords amendments proposed in turn by Lord Burns and Lord Sharpe in the other place. While addressing different clauses, both amendments essentially come down to the same principle: defending fairness, transparency and democratic legitimacy against narrow sectional interests.

On Lords amendment 61, in 2016, after long and at times fraught debate, Parliament reached a carefully constructed settlement on the question of trade union political funds. That settlement was not only fair and balanced but, crucially, was broadly accepted by all sides. The compromise was a simple one: it resulted in new members contributing to a union’s political fund only if that member gave their active, informed consent. In contrast, existing members were left untouched and, importantly, unions were required to remind all members annually of their right to change their decision. This is both a fair and a balanced settlement. It is not a carve-up; it is a genuine compromise. It respected both the collective strength of unions and the personal liberty of individuals.

Yet what do we see now? We see a Government seeking to dismantle that settlement, and the result is a return to an era where consent was assumed and where individuals found themselves supporting causes they did not share simply because the rules made it cumbersome to say otherwise. That is not a positive reform; it is regression. In every walk of life—whether a subscription service, an insurance policy, or a mobile phone contract—the public quite properly expect clarity in respect of the terms they are committing to. Why should those standards of fairness be cast aside when it comes to political funds of unions closely bound to the governing party?

Lords amendment 62 deals with the threshold for industrial action. Strikes have consequences. We have seen that only in the last week, with transport links across London brought to a standstill, commutes drastically prolonged, and the consequential significant disruption to people’s day-to-day lives. As a former doctor who, I should point out, did not go on strike in years gone by, I have seen at first hand the consequences of medics taking industrial action: operations cancelled; out-patient appointments postponed; and the provision of healthcare delayed. When the livelihoods and wellbeing of citizens up and down this country are so significantly impacted, it is neither unreasonable nor undesirable that such action rests upon a clear majority. The 50% threshold is precisely that safeguard. It serves as a clear assurance that industrial action has broad legitimacy and is not just the preserve of a militant minority. Yet this Government seek to sweep away that protection by voting down this very sensible and considered improvement to the legislation.

Both these amendments remind us that democracy depends upon consent, transparency and legitimacy. Those values have been the bedrock of Britain for generations. It would be a poor bargain indeed if they were set aside to placate the financial and political interests of a narrow few.

[Louise Haigh (Sheffield Heeley) (Lab)]

I rise to speak to new clause 22, which will ban the use of non-disclosure agreements in cases of harassment and discrimination.

I thank my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) and my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders) who did remarkable work in pushing this huge Employment Rights Bill through in a relatively short space of time. I am incredibly grateful for their support and hard work. I also place on the record my thanks to the hon. Member for Oxford West and Abingdon (Layla Moran) who has worked on this issue over many years, and to the countless other campaigners in both Houses who have not stopped until this legislation was to become law.