Employment Rights Bill (Twentieth sitting)

Michael Wheeler Excerpts

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Justin Madders]

I am sorry to say this, but the shadow Minister seemed almost proud of that fact.

[Michael Wheeler (Worsley and Eccles) (Lab)]

Does the Minister agree that the new clause seems to have no relation to the world of work, and that Opposition Members might actually be living out the fantasy that they can switch off from us on the Government Benches?

[Justin Madders]

If we start getting into the right to switch off from people we might not want to hear from, we could end up in a very dark place.

The shadow Minister will see from the reaction on the Government Benches that we have never had any issue with nuisance calls or pestering from trade unions when we have been in the workplace—it is really not like that at all. These proposals are indicative of the rather outdated idea that some Opposition Members have about how trade unions operate. Were they passed, one of the unintended consequences would undoubtedly be increased demand on facility time—something I am sure the shadow Minister would not be too pleased about.

Put bluntly, there is no demand for this requirement. I do not think anyone has suggested it to officials—certainly not trade unions or, indeed, employers. There is nothing to stop a union member ignoring communication from their union. There is no obligation on them to respond to messages at any time.

The employment relationship is, of course, very different to membership of a trade union, because there is a division between home and working lives, and a recognition that that has to be respected. Unfortunately, there is also an expectation that people should be constantly contactable outside of work hours. We will not be legislating to ban all communication outside of working hours; what we are looking to do is implement the statutory code of practice, which will set out clear expectations and obligations to get the balance right between allowing flexibility and making it clear that people’s home lives should be respected. There will be a consultation on that in due course, and I am sure the shadow Minister can submit something about trade unions contacting people if he wants to do so, but I suspect he will be the only one who does. But I am afraid I cannot support this new clause—or indeed take it seriously—so I reject it on that basis.