Lord Sharpe of Epsom (Con)

My Lords, the amendments in this group seek to address gaps in our current legislation by establishing clear exemptions from detriment protections when workers engage in unacceptable conduct during industrial disputes, while creating a comprehensive framework that restores balance to industrial relations. I am willing to be corrected, but we do not believe that these specific protections against certain leverage activities currently exist in legislation, which is precisely why Amendment 252 is necessary. However, this forms part of a broader package addressing systemic failures in our industrial relations framework. In our assessment, leverage may manifest in various forms, but at its core lies a deliberate strategy to publicly intimidate and humiliate employers, compelling them to make concessions in industrial disputes that they would not otherwise consider. We fundamentally reject this approach as unacceptable in civilised industrial relations. When describing leverage in the context of the Grangemouth dispute, Unite the Union explicitly stated: “Leverage targets all areas of weakness of an employer … Leverage is the translation of an organising mind-set into the planning and implementation of a campaign strategy, underpinned by the escalation of pressure to create uncertainty”. Even more concerning, Unite the Union expressed the view that in a leverage campaign “the employer is routinely treated as a target to be defeated not a friend to be convinced”. This adversarial approach treats employers as enemies to be vanquished, rather than as partners in resolving legitimate grievances. Amendment 252 specifically identifies actions that constitute leverage: intimidation at picket lines; protests at company premises or the private homes of senior managers; the harassment of non-striking workers; and deliberate actions designed to undermine business continuity planning. Workers who engage in these intimidatory tactics should face the prospect of dismissal without recourse to employment protection. However, the problems extend beyond leverage tactics. Amendment 251C responds to the troubling rise of wildcat strikes and unofficial action lacking democratic mandates. The Grangemouth dispute exemplifies this. Leverage tactics were employed in pursuit of objectives that may not have commanded genuine workplace support. If workers are to enjoy enhanced protections, those protections should be reserved for action properly sanctioned through domestic process under Sections 226 to 232 of current legislation. Amendment 251G seeks to address the growing problem of co-ordinated action by workers outside of established collective bargaining frameworks. We have seen increasing instances of social media-organised workplace action that deliberately circumvents union structures and creates chaos for employers facing industrial action without recognised representatives to negotiate with. Amendment 251D seeks to address the very real risk that, without proper definition, every minor management decision during a dispute could become grounds for a detriment claim. We have seen in other jurisdictions how broad definitions create litigation cultures, where employers face constant threat of claims for routine operational decisions. This amendment would prevent the trivialisation of genuine grievances while protecting employers from vexatious claims. Our compensation framework amendments respond to documented failures. Amendment 251K would establish three bands of detriment severity—minor, serious and extreme—addressing the current lack of guidance that leads to wildly inconsistent awards. Amendment 251L would require proof of “actual financial loss”, preventing the speculative claims that proliferate without such requirements. Amendment 251N would restrict compensation to economic losses, preventing the concerning trend towards “injury to feelings” awards that represent a fundamental category error in industrial relations contexts. Amendments 251E and 251F seek to address the stark reality that industrial action has already compromised public safety. During recent NHS strikes, emergency cover was inadequate, putting patients at risk. The 2019 London Underground strikes left commuters stranded, creating security vulnerabilities. Amendment 251E would provide essential legal clarity for employers who must prioritise continuity of critical operations. Without this protection, fear of litigation prevents necessary operational decisions. Amendment 251F recognises that some industrial action poses direct threats to public health and safety. Such considerations must take precedent over detriment protections.