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Lord Marks of Henley-on-Thames (LD)

Speaking in the House of Lords on 23 July 2025

Debate

Employment Rights Bill

Contribution

My Lords, I have not spoken on the Bill before and I apologise for entering these debates at this late stage. Indeed, I start by saying that I have considerable sympathy with the amendment moved by the noble Lord, Lord Carter of Haslemere, to leave out Clause 113. As he and others have said, it would enable the Secretary of State to take proceedings without the consent of the worker concerned, even against that worker’s will, which I agree is a very odd position. I have considerable hesitation in doubting the analysis of all those who have spoken before me, eminent lawyers and colleagues among them, but I am bound to say that I take issue with the categorisation of this clause as “bonkers”. The reason I take that view is because, on reflection, I can see circumstances where the Secretary of State might legitimately wish to take proceedings before an employment tribunal where the worker concerned did not want to do so. That might be because the worker was concerned about the risk of losing, or did not have the time, resources or simply the inclination to become involved in contested proceedings.

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