L

Lord Sharpe of Epsom (Con)

Speaking in the House of Lords on 16 June 2025

Debate

Employment Rights Bill

Contribution

My Lords, I shall speak to Amendments 267B, 267C and 268A standing in my name, and I also thank my noble friend Lady Coffey for introducing her amendment, and, of course, my noble friend Lady Noakes for signing them. Amendments 267B and 267C are not mere technicalities; they are a matter of principle. They are a matter of representation and ensuring that the new fair work agency advisory board truly reflects the full diversity and complexity of the modern UK labour market. As drafted, Clause 90(4) proposes a tripartite board composed equally of individuals representing trade unions, employers and so-called independent experts. While the intention of the balance is commendable, the provision as it stands is both overly simplistic and insufficiently representative of the contemporary workface. As my noble friend highlighted, trade unions, for all their historic importance, now represent only 22.4% of employees across the United Kingdom, 12.3% of the private sector—so the bulk of those are in the public sector. As my noble friend also pointed out, that leaves a staggering 77.6% of working people whose voices, interests and concerns are not captured through union representation. To restrict employee representation on this advisory board solely to trade union nominees is to exclude the overwhelming majority of the workforce. That is neither democratic nor representative. It is outdated. This amendment seeks to rectify that imbalance by introducing a more inclusive and nuanced structure. It proposes that the board includes two representatives from the trade unions, rightly acknowledging their important role; three representatives of employees beyond the trade union movement, an expansion that ensures that the voices of non-unionised workers, gig economy participants, freelancers and precarious workers are also heard; five employer representatives to be appointed only after the Secretary of State has sought advice and recommendations from recognised business representative organisations, a process that will ensure that these appointments are rooted in sectoral legitimacy rather than political expediency; and three independent experts to provide critical objective insight grounded in academic, legal or practical labour market expertise. That structure would do three things. It would broaden representation, professionalise appointments and future-proof the board against the ever-evolving nature of work.

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