Employment Rights Bill

Michael Wheeler Excerpts

Consideration of Lords message
Monday 15th December 2025 Commons Chamber

[Bradley Thomas (Bromsgrove) (Con)]

The impacts of the Bill in its current form are already being felt: 71% of businesses have raised serious concerns, with over 90% of small business owners expressing deep worries, resulting in 67% of companies preparing to halt recruitment. We already know that the Government do not understand business. That has been demonstrated clearly through the string of damaging policies trailing behind them, from the national insurance changes that are crippling the hospitality sector to the family farm tax that is undermining our national food security. Aspects of this Bill are no exception, the prime example being the complete removal of the employment tribunal cap on unfair dismissal compensatory awards.

As of June 2025, 515,000 open claims were in the system, and the numbers continue to rise. The employment tribunal system is inundated. It is overwhelmed and debilitated by cases, leaving thousands facing intolerable delays. Rather than addressing the issue through action that would significantly help working people—

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

I wonder whether the hon. Member accepts that, as a number of colleagues have drawn to the House’s attention, the current system has a perverse incentive that pushes people towards a more complicated tribunal system that seeks to identify discrimination, rather than a simpler system of unfair dismissal, because of the cap. This measure is more likely to keep claims within the simpler, more streamlined and quicker system of unfair dismissal, thereby helping with the very problem that we all accept is real.

[Bradley Thomas]

I was just about to get to the point that I wanted to make: removal of the cap will make matters significantly worse. To put it plainly, it will open the floodgates for senior executives to pursue multimillion-pound claims that will further congest the courts. For many companies, the dismissal process for senior executives is fundamentally different from that used for other employees, in many cases as a result of strategic complexities relating to board involvement. Unlike the structured procedures applied to the wider workforce, senior leaders are seldom afforded opportunities such as performance improvement plans before removal. The Bill creates a significant liability and establishes a direct financial incentive for senior executives to pursue employment claims.