M

Member

Speaking in the House of Lords on 10 June 2025

Debate

Employment Rights Bill

Contribution

I turn to Amendments 216LA and 216LB. Amendment 216LA addresses the circumstances under which the CAC may impose sanctions on an employer during a derecognition process: specifically, restrictions on campaigning or other orders under sub-paragraph (4). The Government’s existing text allows the CAC to impose such measures when it deems an employer to have failed to comply with duties, but without an explicit proportionality test or a requirement to assess the materiality of the breach. This risks the CAC applying severe sanctions in cases where the employer’s non-compliance was trivial or where the fairness of the derecognition process was not undermined.

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