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Lord Hunt of Wirral (Con)

Speaking in the House of Lords on 5 June 2025

Debate

Employment Rights Bill

Contribution

My Lords, this has been a very important debate, and I thank my noble friends Lady Barran and Lady Coffey for their amendments in this group. We have had some very interesting real-life examples given by my noble friend Lord Agnew of Oulton, and an important dimension from the noble Lord, Lord Prentis of Leeds, to which I will return in a moment. I am, however, pleased to speak in support of Amendment 151, introduced by my noble friend Lady Barran. This amendment highlights an essential but often underappreciated part of our school workforce: the support staff. That is where I would agree with the noble Lord, Lord Prentis of Leeds. Those support staff keep schools running smoothly every day. From teaching assistants to catering teams, their work is vital, and as my noble friend put it, they form the backbone of the whole system. The Government’s Bill takes a step forward by proposing the creation of a school support staff negotiating body, and I make it clear that I believe that is a welcome move. However, the Bill’s current approach, with its push for a single set of national pay and conditions, risks overlooking the real differences which exist between schools, as my noble friend Lord Agnew of Oulton pointed out, especially between maintained schools and academies. What this amendment does so well is to recognise the need for a flexible framework for academies, one that they must consider and may depart from only in exceptional circumstances. This respects academies’ independence while still promoting fairness and consistency. We must of course remember that “support staff” is a broad term covering a wide range of roles and responsibilities. The needs of a small primary school and a large multi-academy trust are not at all the same, and any framework has to reflect that diversity. Like in most areas of the Bill, the Government have taken a rigid, one-size-fits-all model that I am concerned could create confusion and strain resources. Instead, a balanced framework such as the one my noble friend proposes offers a practical way to support staff fairly, without unnecessary bureaucracy. My noble friend also raised an important point about the potential costs and bureaucratic complexity that come with establishing another negotiating body such as the school support staff negotiating body. This is not just about money but about the practical demands placed on schools and trusts, especially smaller ones with limited administrative capacity. Setting up and maintaining a new national negotiating framework involves significant resources: time, personnel and funding. Schools will need to engage with the school support staff negotiating body’s processes, potentially adapt to new systems for pay, terms and training, and ensure compliance with frameworks that may be complex and constantly evolving. For large multi-academy trusts, this might be manageable, but for smaller schools—already stretched thin—it adds a layer of bureaucracy that can divert valuable time and resources away from teaching and supporting pupils. Moreover, the negotiation and implementation processes risk becoming slow and cumbersome, delaying important decisions on staff pay and conditions. This could lead to uncertainty and frustration among support staff and their employers alike. I particularly thank my noble friend Lady Coffey for her insightful remarks. She makes a compelling and important point: the Secretary of State is already required to consult the prescribed school support staff organisations, which represent the full spectrum of support staff voices, yet this amendment rightly challenges why the Trades Union Congress should be given a special, privileged position with an additional mandatory consultation in primary legislation that risks unnecessary delay, added bureaucracy and potential obstruction. Although the TUC is of course a major trade union umbrella—many colleagues across the Chamber will remind us of its history—it does not have a monopoly on representing school support staff. Many staff organisations operate independently and effectively without TUC oversight. Therefore, by insisting on formal TUC consultations, we risk entrenching a narrow set of interests, potentially sidelining smaller or non-TUC affiliated groups that also deserve a seat at the table.

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